Smashburger® MLB All Star Game Tickets Sweepstakes is sponsored by the Smashburger Marketing Fund Trust located at 3900 East Mexico Avenue, Suite 1200, Denver, CO 80210 (“Smashburger” or “Sponsor”) for two (2) Major League Baseball All Star Game tickets scheduled for Tuesday, July 13th, 2021 in Denver, Colorado (the “Tickets”).
OPEN ONLY TO LEGAL RESIDENTS OF THE STATE OF COLORADO, 18 YEARS OF AGE OR OVER. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY/ RELEASE OF LIABILITY/ PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.
BY ENTERING THE PROMOTION, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.
- Eligibility: The Smashburger® MLB All Star Game Tickets Sweepstakes (the “Promotion”) is open only to legal residents of the United States who are at least eighteen (18) years of age or older at the time of entry. Void where prohibited by law. Employees, officers, and representatives of Smashburger Marketing Fund Trust (“Sponsor”), Smashburger franchisees, and any of their respective subsidiaries, affiliates, parent company, distributors, divisions and agencies, and their immediate families (spouse, parents, siblings and children, including “step” of any of the foregoing) and individuals living in the same household with such employees, officers, and representatives are not eligible to participate or win.
- Promotion Period: The Promotion begins at 12:01 AM Mountain Time (MT) on Sunday, July 11, 2021 and ends at 5:00 PM MT on Monday, July 12, 2020 (the “Promotion Period”). All dates are subject to change. Sponsor is the official time keeper for the Promotion.
- How to Enter: NO PURCHASE NECESSARY TO ENTER OR WIN. Visit Smashburger’s Promotion post on Instagram and:
1. Like the post;
2. Tag your baseball buddy in the comments!; and
3. Both accounts must follow @smashburger,
via the Promotion’s posting on Instagram (an “Entry”). All Entries must be received by Sponsor by 5:00 PM MT on the last day of the Promotion Period. Limit one (1) entry per person. Multiple entries by any single entrant, under varying identities or via different email accounts, or submission of an entrant that is not a real and natural person will disqualify all entries for that entrant. Entrants assume all risk of late, misdirected, incomplete, or incorrect or mistaken entries. In case of dispute, the authorized account subscriber of the email account used to enter the Promotion at the actual time of entry will be deemed the participant, and must comply with these Official Rules. The authorized account subscriber is deemed to be the natural person who is assigned an email address by an ISP, online service provider, or other organization, which is responsible for assigning email addresses. It is solely the responsibility of the entrant to notify Sponsor of any changes in the entrant’s information subsequent to the date of entry.
- Random Drawing: There will be a random drawing for the Promotion. The random drawing will be conducted at a time and day in Sponsor’s sole discretion following the Promotion Period the close of the Promotion Period, but no later than July 12th, 2021. All drawings will be conducted by Sponsor in its sole discretion, and decisions of the Sponsor as to the selection of the winner(s) will be final. The Winner will be announced Monday, July 12th, 2021 after the Promotion Period ends via Direct Message on Instagram
- Prizes/Odds of Winning: The random drawing will award one (1) Winner who will receive two (2) MLB All Star Game tickets for Tuesday, July 13th, 2021 in Denver, Colorado (the “Prize”). The approximate retail value of the Tickets is $538.00. The Prize cannot be redeemed for cash, except if required by law. Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Prize is inclusive of any applicable taxes. All taxes as applicable on or connected with the Prize are the sole and exclusive responsibility of a Winner. The Prize is non-transferable. There is no skill-testing requirement that a Winner has to satisfy in order to claim the Prize.
The odds of winning will depend upon the total number of eligible Entries received. Potential winners will be notified by phone, mail and/or e-mail. In addition, a potential winner may be required to agree to an affidavit of eligibility/release of liability/prize acceptance agreement (collectively, the “Affidavit”) and return the Affidavit within the time-period specified at notification before being eligible to receive his or her Prize. If any potential prize winner is found to be ineligible, fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if the Prize or Prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential Prize winner, such potential Prize winner may be disqualified and an alternate winner may be selected in Sponsor’s sole discretion. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s).
- GENERAL: By participating, entrants agree: [a] to abide by and be bound by these Official Rules and decisions of Sponsor which shall be final in all respects relating to the Promotion, including without limitation the interpretation of these rules; [b] to indemnify, release, discharge and hold harmless Sponsor and its subsidiaries, affiliates, advertising agencies, promotional agencies and suppliers and any other individual or company involved in the development or execution of the Promotion (the “Released Parties”) from any and all injuries, liability, losses, damages, rights, claims and actions of any kind resulting from their participation in the Promotion or their acceptance, use or misuse of a prize; and, if a winner, [c] to the use of his/her name, voice, image and/or likenesses for advertising, publicity and promotional purposes without further compensation (unless prohibited by law) and to execute specific consent to such use if asked to do so. Each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Promotion and to comply with applicable laws, regulations and rules. Any information entrants provide to Sponsor may be used to communicate with entrant in relation to this Promotion or on a Promotion winner’s list. Entries which contain false information, are incomplete, inaccurate or are otherwise forged, defective, or made outside authorized channels, including those which have failed due to malfunction or failure of phones, phone lines, telephone systems or networks, server, providers, computer equipment, software or any combination thereof of any kind, any human error or otherwise, shall be void. Released Parties are not responsible and shall not be liable for: [a] telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or by any error (human or otherwise) which may occur in the processing of entries; [b] failed, incomplete, garbled or delayed computer transmissions; [c] entries which are late, misdirected, unintelligible, garbled or incomplete, or are not recorded or cannot be completed for any reason; [d] late, lost, misdirected, mutilated, incomplete, illegible or postage-due entries or mail; or [e] any condition caused by events that may cause the Promotion to be disrupted or corrupted. If, for any reason whatsoever, this Promotion, in Sponsor’s sole opinion, is not capable of running as planned, including, but not limited to, by reason of infection by computer virus, tampering, fraud, technical failures, or any other cause which, in the Sponsor’s sole judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend this Promotion and limit entries to those legitimately submitted prior to the action taken, and/or to award the prizes in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. No more than the stated number of prizes will be awarded. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. If due to a printing, technical or other error, or any other reasons cause more than the stated number of prizes, as set forth in these Official Rules, to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes (not yet awarded) by a random drawing from among all legitimate eligible prize claimants in that category. In the event of a dispute regarding the identity of the person submitting an entry via the survey, the entry will be deemed to be submitted by the “authorized account holder” associated with any given telephone number or email account at the time of entry, who must comply with these Official Rules. Potential winners may be required to provide evidence (to the Sponsor’s satisfaction) that they are the authorized account holder of the telephone or e-mail address associated with a winning entry. The authorized account holder is defined as the natural person [a] who is assigned to a telephone number by a telephone service provider or [b] who is assigned an e-mail address by an internet access provider, an online service provider, or another organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or any website associated therewith; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. All entries become property of Sponsor. No prize transfer or cash redemption. All federal, state and local regulations apply.
For a copy of these Official Rules, mail a self-addressed stamped envelope to be received by July 13, 2021 to: Smashburger Shred & Ski Giveaway, 3900 East Mexico Suite 1200, Denver, CO 80210, ATTN: Marketing. Additionally, a copy of these rules shall be posted during the Promotion Period at www.smashburger.com/All-Star-Game-tickets-giveaway
- GOVERNING LAW/LIMITATION OF LIABILITY: All issues and questions concerning the conduct of the Promotion; the construction, validity, interpretation and enforceability of these Official Rules; or the rights and obligations of entrants or Sponsor in connection with the Promotion will be governed by and construed in accordance with the laws of the State of Colorado without regard to conflict of laws principles, and any actions, arbitrations, claims or suits shall be held in the State of Colorado. If for any reason a claim proceeds in court rather than in arbitration described below, Sponsor and Entry each waive any right to a jury trial
BY ENTERING THE PROMOTION, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
- DISPUTE RESOLUTION: The parties agree that any dispute or claim or legal action arising out of or relating in any way to the conduct of the Promotion or these Official Rules will be resolved by binding arbitration, rather than in court, except that entrants may assert claims in small claims court if the claims qualify.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Smashburger All Star Game Tickets Giveaway, 3900 East Mexico Suite 1200, Denver, CO 80210, ATTN: Legal Department. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
- WINNER LIST: Mail a self-addressed, stamped envelope to be received by July 15, 2020 to: Smashburger All Star Game Tickets Giveaway, 3900 East Mexico Avenue, Suite 1200, Denver, CO 80210, ATTN: Legal Department. Winner list will be available after July 13, 2021.
- Sponsor: This Promotion is sponsored by the Smashburger Marketing Fund Trust with its principal place of business located at 3900 East Mexico Avenue, Suite 1200, Denver, CO 80210. Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Promotion.
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