The Miami Burger™ Contest
Official Contest Rules
The Miami Burger™ Contest (the “Contest”) is governed by the below rules.
NO PURCHASE OR OBLIGATION IS NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. By entering the Contest, you (“Entrant”) agree to abide by all terms of these Official Contest Rules. VOID WHERE PROHIBITED.
The Contest is sponsored and administered by Burger Keeper LLC, 78 West 11th Street, New York, NY 10001 (the “Sponsor”). Sponsor is the owner and operator of the Five Napkin Burger® Restaurants.
Limit five Entries per person. All Entries become the property of the Sponsor and will not be returned. Eligible participants must complete an Entry Form and submit a recipe and/or video at 5napkinburger.com, during the Contest Period. The Contest is limited to two Entries per person. All Entries become the sole property of Sponsor. Entries must be original, suitable for publication (i.e., may not be obscene or indecent), and must not infringe the rights of any third party. Submission of any Entry further constitutes the Entrant’s irrevocable assignment and transfer to Sponsor of any and all rights, title and interest in the Entry including, without limitation, all copyrights and moral rights. By submitting an Entry, Entrant grants to Sponsor and all its agents the right to own, display, prepare derivative materials, modify, adapt, sell, publish, republish, perform, reproduce and incorporate (along or together with other materials) and/or use or not use the Entry in any way, in whole or in part in any and all media now known or later developed, including on Sponsor’s website, without geographic limitation or additional compensation. Submission of the Entry constitutes the entrant’s written permission to the Sponsor of the right to use the Entrant’s name, voice, likeness, photograph and image in connection with the Contest and any advertising and promotional activities in connection with the Contest, in whole or in part in any and all media worldwide now known or later developed, including on Sponsor's website, without geographic limitation or additional compensation. If any of the above information is not included in the Entry, the Entry will be disqualified
All Entries and Entry-related data are the property of the Sponsor and will not be disclosed to Entrant. Incomplete, corrupted or untimely Entries are void and will be disqualified. The Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible Entries, malfunctioning links or failed attempts to click-through; lost, interrupted or unavailable network, server or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware), or other errors or malfunctions of any kind whether, human, mechanical, electronic or otherwise.
The contest begins at 12:01 A.M EST May 5, 2011 and ends at 11:59 P.M EST on June 8, 2011. The Sponsor must receive all Entries by the end of the Contest Period. The Sponsor reserves the right to extend the Contest Period.
This contest is only open to legal residents of the State(s) of Florida, Georgia, New York and Massachusetts, who are at least 18 years of age as of the date of entry. Employees and the immediate family or those living in the same household as employees of Sponsor, and its respective parent companies, distributors, divisions, promotional licensees, promotional partners, promotional agencies, prize providers, agencies, affiliates, subsidiaries, directors, officers, owners and agents, are ineligible to enter. By entering the Contest, Entrant agrees to abide by these rules and agrees that he/she meets the Eligibility criteria. The Sponsor reserves the right to require Entrant to provide proof that he/she meets the Eligibility criteria.
One winner will receive a $1000.00 5 NAPKIN BURGER gift card which can be redeemed in any 5 NAPKIN BURGER location.
Federal, State and local taxes associated with the Prize are the sole responsibility of Winner.
Odds of Winning
The odds of winning depend on the number of Entries received during the Contest Period. Further, an Entrant’s odds of winning may depend on his or her creativity and skill displayed in preparing the submission(s).
Selection of Winner
Winner will be selected by Sponsor after the end of the Contest Period. Selection of Winner will be determined at the sole discretion of Sponsor and is final and binding on Entrant.
Distribution of Prize
After Selection of Winner, Sponsor will contact Winner at the email address or telephone number provided on the Entry Form. If Prize is not claimed within five days of notice to Winner, Prize will be forfeited and an Alternate Winner may be selected. Sponsor will deliver Prize to Entrant via registered mail or similar method.
Consent and Release
Submission of an Entry Form and/or any content constitutes permission to use names, photographs and likeness of Entrant for purposes of advertising and promotion without additional notice, approval, consent or compensation, unless prohibited by law. Sponsor and Sponsor's agents, affiliates, subsidiaries, representatives or service providers may use Entrant's personal information submitted with entry for purposes of prize fulfillment and/or for marketing, such as to notify them of a product or promotion that may be of interest to Entrant. By entering, Entrant consents to such use of his/her personal information.
Entrant certifies that Entrant has the right to use all content included in the Entry, including the right to use all images, ideas and expressions and that the content included in the Entry does not violate the rights of third parties. Entrant further certifies that Entrant is not under any obligation not to disclose the Entry.
Acceptance of Prize
Acceptance of Prize constitutes Winner's certification that he/she meets the eligibility requirements set forth in these Official Contest Rules. Winner will be required to sign an affidavit confirming acceptance of these rules. Refusal to sign an affidavit will result in the selection of an Alternate Winner. The Sponsor reserves the right to verify the eligibility of the winner.
By entering, Entrant agrees at all times to defend, indemnify, release and hold harmless Sponsor, and its respective parent companies, distributors, divisions, promotional licensees, promotional partners, promotional agencies, prize providers, agencies, affiliates, subsidiaries, directors, officers, owners, employees, representatives and agents (collectively, the "Released Parties"), from and against any and all claims, actions, liabilities, injuries, death, accidents, losses or damages of any kind resulting directly or indirectly from any and all activity related to entering and/or participating in this Contest or Sponsor’s use of the recipe included in the Entry.
The sponsor reserves the right to terminate the Contest in the event the Contest is compromised in any way. If, for any reason, the Contest is not capable of running as planned due to, without limitation, errors in these Official Rules or advertising for this Contest, tampering, unauthorized intervention, fraud, technical failures, acts of God, human error or any other cause beyond the control of Sponsor that, in the sole judgment of Sponsor, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest at any time without notice. In the event of cancellation, the Prize will be awarded from among all eligible, non-suspect entries received prior to the event requiring such cancelation. Notice of cancellation will be posted at 5napkinburger.com.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THE CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any Entrant regarding the Contest, except as expressly set forth in these Official Rules. The Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the web site, and/or the legitimate operation of the Contest; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of the Contest, Sponsor may, in its sole discretion, (a) disqualify any individual who tampers with the entry process (b) cancel or terminate the Contest (or any portion thereof) and select a winner from among all eligible, non-suspect entries received prior to the event requiring cancellation; or (c) modify the Contest or suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules.
RELEASE AND LIMITATIONS OF LIABILITY: BY PARTICIPATING IN THE CONTEST, ENTRANTS AGREE THAT SPONSOR, AND THE SPONSOR’S AFFILIATES, PARENTS, SUBSIDIARIES, REPRESENTATIVES, WEB SITE PROVIDERS, WEB MASTERS, AND ADMINISTRATORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THE CONTEST OR IN ANY CONTEST RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. ENTRANTS AGREE THAT SPONSOR AND ITS AFFILIATES, PARENTS, SUBSIDIARIES, REPRESENTATIVES, WEB SITE PROVIDERS, WEB MASTERS, AND ADMINISTRATOR, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF THE INTERNET SITE WWW.5NAPKINBURGER.COM OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITES. EXCEPT WHERE PROHIBITED BY LAW, WINNER GRANTS TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), ITS PARENTS, SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND CONTEST AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION ASIDE FROM THE PRIZE ITSELF. ENTRANTS AGREE THAT SPONSOR SHALL OWN THE ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO ENTRANTS OR ANY THIRD PARTY. WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THE CONTEST, INCLUDING THE WEB SITE AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
DISPUTES and INTERPRETATION: Exclusive venue for any dispute in New York County, New York. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the laws of the State of New York; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the state laws of New York, without giving effect to any choice of law or conflict of laws rules (whether of the state laws of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the laws of the State of New York. The invalidity or unenforceability of any provision in these rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.