Guest Survey Reward Promotion Terms and Conditions
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE.
The Smashburger® Guest Survey Reward (the “Promotion”) is open only to legal residents of the United States 18 years of age or older and who are one of the first three hundred (300) guests who submit a completed guest survey and have a valid Smashburger® Rewards Account. Employees, officers and directors of Smashburger Marketing Trust Fund (the “Sponsor”), Sponsor 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. Only one survey can be submitted per household. These requirements are collectively to be considered the Eligibility Requirements.
If you are one of the first 300 participants to complete the guest survey by 07/31/23 and meet the Eligibility requirements (“Entrant”), you will receive $25 in Smashburger digital credits that will be automatically uploaded to your Smashburger® Rewards account. Digital credits will be subject to its own terms and conditions which will be provided at the time they are distributed.
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. 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.
By participating, entrants agree: [a] to abide by and be bound by these terms and conditions and the 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 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 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 Terms and Conditions 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 Terms and Conditions, 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 Terms and Conditions. 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 Terms and Conditions; 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.
These Terms and Conditions and the Promotion will be governed by and construed in accordance with the laws of 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.
The Promotion is sponsored by Smashburger Marketing Trust Fund, 3900 East Mexico Avenue, Suite 1200, Denver, CO 80210. These official rules and a listing of winner’s can be obtained by contacting the Sponsor. 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.