SMASHBURGER® PROMOTION

OFFICIAL RULES

OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES, 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. 

  1. ELIGIBILITY:  The Smashburger® Promotion (the “Promotion”) is open only to legal residents of the United States 18 years of age or older who have a SmashClub® Membership and have internet access as of date of Submission (as defined herein).  Employees, officers and directors of Smashburger Marketing Fund Trust (the “Sponsor”), Smashburger franchisees and their respective licensees, affiliates, subsidiaries, advertising and promotion agencies, and the immediate family members (spouses, siblings, children,parents, grandparents, grandchildren and spouses of the foregoing, regardless of where they live) or members of the same households (whether related or not) of such individuals are not eligible.
  • TO ENTER:  The Promotion begins at 12:01 AM Mountain Time (MT) on January 30, 2021 and ends at 11:59 PM MT on February 1, 2021 (the “Promotion Period”).  During the Promotion Period, you can enter by Instagram® only and include the following:

•              Follow @smashburger

•              Like the Promotion post

•              Share the Promotion post to your Story

By entering online you consent to marketing and accept the practices described in the Privacy Policy posted at http://www.Smashburger.com/About/Privacy-Policy.aspx.   Online entries must be received by Sponsor by 11:59 PM MT on the last day of the Promotion Period to be entered in the Promotion and to be eligible for the random drawing. This Promotion is in no way sponsored, endorsed, or administered by, or in association with Instagram. You understand that you are providing your information to Sponsor and not to Instagram.

There is no limit to the number of times you may enter online or by mail, however each entrymust be a different Submission.  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.

A “Submission” is an electronic or written communication posted in response to Smashburger® Promotion post by Smashburger on its Instagram account (“Post”) that must (i) be from your Instagram account, (ii) be in English, (iii) cannot be previously published or submitted in connection with any other promotion, and (iv) cannot be offensive or inappropriate, as determined by the Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property rights or any other third party rights. Sponsor reserves the right to disqualify any Submission that it determines, in its sole discretion, is offensive or inappropriate, or that is otherwise not in compliance with these Official Rules.

By making a Submission, each entrant understands that the Sponsor is not acquiring entrant’s copyright in and to his or her Submission, but Sponsor is being granted a perpetual, worldwide, fully paid-up and royalty free right and license to use and share the Submission, in whole or part, in any media, including all Sponsor affiliated digital and social media channels (including but not limited to the Website), now or hereafter known.

Each Submission during the Promotion Period shall be an Entry to the Promotion.

  • RANDOM DRAWING:  There will be a random drawing for the Promotion conducted at a time in Sponsor’s sole discretion at the end of the Promotion Period.  The drawing will be conducted by Sponsor in its sole discretion, and decisions of the Sponsor as to the selection of the winner will be final.
  • PRIZES/ODDS OF WINNING:  The random drawing will award three (3) winners with prizes consisting of a custom Smashburger beanie + a bottle of our Backyard Burger Seasoning each (“Prize”).  The total approximate retail value (“ARV”) of all Prizes awarded in this Promotion is one hundred dollars ($100.00). Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor.  Prizes are inclusive of any applicable taxes. All taxes as applicable on or connected with any Prize are the sole and exclusive responsibility of a Winner. Prizes are non-transferable. Prizes will be awarded as long as there are enough eligible Entries received. Prize and prize components may be substituted for any reason at the discretion of the Sponsor. There is no skill-testing requirement that a winner has to satisfy in order to claim a Prize.

The odds of winning will depend upon the total number of eligible Entries received.  Potential winners will be notified by Instagram® message, 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 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). 

5.  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 Instagram® and their respective 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.  No prize substitution except by Sponsor due to prize unavailability, in which case a prize of comparable or greater value will be awarded.  All federal, state and local regulations apply.

For a copy of these Official Rules, mail a self-addressed stamped envelope to be received by February 1st, 2021, to:  Smashburger Promotion, 1100 E. Mexico Avenue, Suite 1100, Denver, Colorado 80210, USA, ATTN: Jessica Westphal.  Additionally, a copy of these rules shall be posted during the Promotion Period at www.Smashburger.com.

6.  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.

7.   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 Promotion, 1100 E. Mexico Way, Suite 1100, Denver, Colorado 80210, USA, 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.

8. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.  When terms such as “may” are used in these Official Rules, Sponsor has sole and absolute discretion.  Entrants agree to waive any rights to claim ambiguity of these Official Rules.  Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials, privacy policy or terms of use on the Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

9. SPONSOR:  The Promotion is sponsored by Smashburger Marketing Fund Trust, 1100 E. Mexico Avenue, Suite 1100, Denver, Colorado 80210, USA, ATTN: Jessica Westphal.  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.