GENERAL:
Any individual who enters, attempts to enter or in any way participates or attempts to participate in this contest, sweepstakes or giveaway (“Contest”) conducted by Midtown Houston (“Midtown”) (each such individual is hereinafter referred to as a “Participant”) agrees to be bound by the terms and conditions provided in these Official Contest Rules (“Official Rules”), as well as by Midtown’s interpretations of these General Rules which are final and binding in all matters relating to this Contest.
NO PURCHASE NECESSARY:
Unless otherwise noted, no purchase is necessary to enter or win a prize. A purchase will also not improve your chances of winning.
APPLICABLE LAW (VOID WHERE PROHIBITED):
This Contest is subject to and governed by applicable federal, state and local laws and regulations. Participation in this Contest is void where prohibited or otherwise restricted by law.
CONTEST CANCELLATION, SUSPENSION OR MODIFICATION:
Midtown reserves the right to cancel, terminate, modify or suspend this Contest if the Contest is not capable of being completed as planned for any reason, including, but not limited to, infection by computer virus, “bugs,” tampering, unauthorized intervention, fraud, or technical failures of any kind or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest. The decision of Midtown to cancel, terminate, modify or suspend any Contest shall be final in all respects.
ELIGIBILITY:
Geographical, Age and Parental Consent Requirements: This Contest is open to legal residents of the state of Texas, who are at least 18 years of age or older at time of entry. If a Participant has not reached the age of majority in the jurisdiction in which the Participant resides, they must obtain permission from their parent or legal guardian prior to entering a Contest.
Participating Restaurants and Immediate Family Member Disqualification: The officers, directors, employees, contractors, and agents of Midtown and any Participating Restaurants involved in the sponsorship, development, production, implementation of this Contest as well as their respective parents, affiliates, divisions, subsidiaries and successor companies (the “Participating Restaurants”), and their immediate family members (and those living in the same household, whether or not related), are prohibited from participating in this Contest and do not qualify as Participants. “Immediate family members” shall include spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws”, or by current or past marriage, remarriage, adoption, co-habitation or other familial extension.
Limitation on Prize Winners: Participants may only win a Contest once during the Contest period.
HOW TO ENTER:
Methods: To enter the Contest, contest entrants must (i) check-in using a Participating Restaurant’s Facebook, tag @midtownHOU, and use the hashtag #eatINmidtown; or (2) post a photo of a food item on social media – Facebook, Instagram or Twitter – tagging the restaurant, @midtownHOU and use the hashtag #eatINmidtown. Contest Participants may submit an entry by Postal Mail. See Entry-Method Rules below.
Contest Period: This Contest begins at 12:00 a.m. on March 1, 2017. Deadline to enter is 11:59 p.m. on March 31, 2017.
Entries Are the Sole and Exclusive Property of Midtown: All Contest entries and/or related submissions become the sole and exclusive property of Midtown upon transmission. Contest entries will not be returned and may be used by any Contest Entity for any purpose whatsoever related to any Contest, without additional compensation to the participant or any other individual or entity.
Disclaimer of Responsibility for Entries: Midtown is not responsible for problems with Contest entries, including but not limited to, entries which are lost, late, misdirected, damaged, incomplete, illegible, or cannot be completed due to electronic or technical difficulties, even if the problem is the result of the sole or partial negligence of Midtown.
Multiple Entries: Multiple entries are permitted.
False Fraudulent or Deceptive Entries or Acts: Participants who, in the view of Midtown, provide false, fraudulent or deceptive entries or who engage in false, fraudulent or deceptive acts in connection with the Contest will be disqualified and may be subject to criminal prosecution.
ENTRY-METHOD RULES:
Postal Mail Entries: All entries by postal mail must be received by Midtown by the Entry Period deadline. Such Postal mail entries must contain the following: ( i) a photo of a food item at a Participating Restaurant, (ii) the name of the Participating Restaurant, and (iii) contest entrant’s name, address and phone number.
Unless otherwise stated, mail-in entries should be sent via first class United States mail only (overnight mail and courier are not permitted) addressed to Midtown, Contest Entry (“eatINmidtown”), 410 Pierce, Suite 355, Houston, Texas 77002.
Only one Contest entry is permitted per envelope for a mail-in entry.
Web Entries: Participants must accurately adhere to the instruction provided under the heading “Hoe to Enter” above or the entry will be deemed incomplete and will not qualify.
PARTICIPATION PROBLEM DISCLAIMER:
Even if alleged to be caused by the sole or partial negligence of Midtown or Participating Restaurant, Midtown and the Participating Restaurants are not responsible for any problems which affect, or result from, participation or attempted participation in the Contest. This includes, but is not limited to, the following problems:
- Incorrect, incomplete or inaccurate entry information;
- Human errors;
- Failures, omissions, interruptions, deletions or defects of any wireless network, telephone network, internet service, computer systems, servers, utility providers, or software;
- Identity theft;
- Tampering, destruction or unauthorized access to, or alteration of, entries or computer data;
- Network hackers or other unauthorized access to Midtown’s computer network;
- Data that is processed late or incorrectly or is incomplete or lost due to wireless network, telephone network, computer or electronic malfunction or traffic congestion on wireless or telephone networks;
- Printing errors;
- Equipment malfunctions; and
- Late, misdirected, lost, misplaced, illegible, mutilated or postage-due entries.
RELEASE OF LIABILITY AND INDEMNIFICATION:
As consideration for entering a Contest, all Participants agree to RELEASE, DISCHARGE, COVENANT NOT TO SUE Midtown, the other Participating Restaurants (as described above) and each of their respective direct and indirect affiliates, divisions, parent and subsidiary companies, officers, employees, shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the “Released Parties”), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
Additionally, all Participants agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest or for their failure to comply with the terms of the above release provision. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
ODDS OF WINNING:
The odds of winning any prize will depend upon the number of Contest Participants.
PRIZES:
The actual prizes will be gift cards from Participating Restaurants ranging in face value from $10.00 to $50.00. No transfer, assignment or substitution of a prize is permitted, except Midtown reserves the right to substitute a prize for an item of equal or greater value in the event an advertised prize is unavailable. Any difference between the actual value and the approximate retail value of any prize will not be awarded. No substitution or cash equivalent will be made.
TAXES:
The Participant prize-winner is solely responsible for determining and paying all federal, state and local taxes (including any sales taxes).
Winner Selection:
Prize winners will be selected randomly each week. If a winner is unable to be notified for any reason or is unable to for any amount of time, the applicable prize may be forfeited and awarded to an alternate randomly selected winner.
HOW TO CLAIM PRIZE:
Claiming the Prize: The Participant prize-winner must pick up their prize at Midtown’s business office located at 410 Pierce, Suite 355, Houston, Texas 77002. The prize may be picked up any time between the hours of 9:00 a.m.-5:00 p.m. (Central Standard Time) Monday-Thursdays, excluding holidays.
Prerequisites to Prize Award: Prior to being awarded a prize, winners are required to provide a valid government-issued photo identification depicting proof of age. Midtown reserves the right to deny awarding the prize if the winner fails to provide satisfactory identification, as determined in Midtown’s sole discretion.
Winners, and, to the extent the winner is a minor then their parent(s) or legal guardian(s) as well, may be required to execute an Affidavit of Eligibility/Release of Liability, and a Publicity Release before any prize is awarded. By entering a Contest, Participant agrees to execute these documents if selected as a winner in order to receive their prize. Except where prohibited by law, failure to execute any of these documents or comply with any of these terms will result in forfeiture of the prize.
Prize Forfeiture: Unless otherwise stated, winners shall have ten (10) days from the date of selection to claim and pick up their prize. Failure to claim and pick up prize within this time for any reason will result in forfeiture of the prize. Midtown reserves the right, in its sole discretion, to award unclaimed prizes to alternate contestants or not to award the unclaimed prizes.
PUBLICITY RELEASE:
Unless prohibited by applicable law, Participant authorizes and irrevocably grants to Midtown and the other Released Parties (as defined above) permission to, from time to time, reference and discuss Participant and their participation in the Contest in publications and/or on their website(s) in photographs, video recordings, digital images, audio recordings, as well as in newsletters, news releases, other printed materials, and in materials made available on the Internet or in other media now known or hereafter developed for any purpose Midtown and/or the Released Parties deem proper. Such reference and discussion may involve Participant’s name and voice, and other personal/biographical material or their participation on-air.
DISQUALIFICATION:
All participants agree to be bound by these General Rules. Non-compliance with any of these General Rules will result in disqualification and all privileges as a Participant will be immediately terminated. Midtown, in its sole discretion, further reserves the right to disqualify any person for: (i) tampering with the entry process or the operation of the Contest; (ii) gaining an unfair advantage in participating in the Contest; (iii) obtaining winner status using false, fraudulent or deceptive means; or (iv) engaging in otherwise unsportsmanlike, disruptive, annoying, harassing, or threatening behavior.
CAUTION: ANY ATTEMPT BY ANY PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF THIS CONTEST, OR THE MIDTOWN WEB SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, MIDTOWN RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
RULES CHANGES AND INTERPRETATIONS:
Midtown reserves the right, in its sole discretion, to supplement or make changes to these Official Rules at any time without notice. Midtown reserves the right in its sole discretion to interpret the rules of any contest, and such interpretation shall be binding upon all participants.
GOVERNING LAW AND JURISDICTION:
This Contest shall be governed by and construed in accordance with the laws of the State of Texas, without reference to its conflict of laws principles. By entering the Contest, Participants hereby submit to the jurisdiction and venue of the federal and state courts of Texas and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum. In no event, will any Participant be entitled to injunctive relief or equitable relief of any kind, or restrain the continuation of this Contest.
OFFICIAL RULES/LIST OF WINNERS:
Copies of these Official Rules may be obtained by sending a self-addressed stamped envelope to: Midtown, Official Contest Rules for “eatINmidtown” , 410 Pierce, Suite 355, Houston, Texas 77002. These General Rules may also be found at www.midtownhouston.com/eatINmidtownrules.
For a list of Contest winners, send a self-addressed, stamped envelope to: Midtown “eatInmidtown” Contest Winners List, 410 Pierce, Suite 355, Houston, Texas 77002.