BIG CITY DINER CONTEST, GAME AND PROMOTION RULES
Graduation Sweepstakes
1. GENERAL CONDITIONS
These rules are in effect for the Big City Diner Graduation Sweepstakes. Where applicable, these rules shall be in conjunction with the Big City Diner Contest, Game and Promotion General Rules which are posted at www.BigCityDinerHawaii.com.
Rules for all contests, games and promotions are posted at www.bigcitydinerhawaii.com and available for inspection at the Big City Diner Corporate Office located at 94-800 Ukee Street, Waipahu, Hawaii 96797.
As a condition of playing the contests, games or promotions, and by accepting prize, winner agrees to grant to Big City Diner and its licensees, affiliates and assigns, the right 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, the winner’s name, portrait, picture, voice, likeness and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by Big City Diner. In addition, any photographs used by participant to enter this contest shall be governed by the same and those photographs shall become the property of Big City Diner with the rights to use them commercially and the same. Participants must be the authorized owner of said photographs and shall be liable for any liability, damage or loss including but not limited to any lawsuit or proceeding for any claim of unauthorized use.
2. HOW TO ENTER
The Big City Diner Graduation Sweepstakes begins on May 24, 2011 and ends at 11:59pm on June 3, 2011. To enter, a participant must do any or all of the following (Twitter, Facebook or Email Club) to maximize entries. Only one (1) entry will be accepted from each avenue (Twitter, Facebook or Email Club) of entering for a maximum of three (3) entries per participant.
TWITTER: To enter, a participant must follow Big City Diner (@BigCityDiner) on Twitter and Retweet (RT) the following message: “This is BIG! @BigCityDiner is giving away 5 #BCDGrad Parties in 1 Week! RT & Follow to Enter!” and attach a photo of the graduate in their cap & gown! If you do not have a Twitter account, and would like to create one, simply visit www.twitter.com. If your Twitter account is set to “protected” or “private” mode, your updates/responses will not be visible in Sponsor’s box, and, therefore, will not be received by Sponsor, resulting in your failure to enter the Contest. Any tweets on Twitter deemed by Sponsor to be inappropriate or unsuitable will be disqualified. In the event of a dispute as to any entry, the authorized account holder of the email address used to set up the Twitter account will be deemed to be the participant. Sponsor will not be responsible for Twitter reporting tools. Any attempt to deliberately damage any website related to the Sweepstakes or undermine the legitimate operations of the Sweepstakes will be reported to the appropriate authorities. In the event the Sweepstakes is compromised by virus, bug, unauthorized human intervention or other causes beyond control of the Sponsor that corrupts or impairs the administration, security, fairness or proper play of the Sweepstakes, Sponsor reserves the right in its sole discretion to cancel or terminate the Sweepstakes and awarding of prizes.
FACEBOOK: To enter, a participant must be a fan or “like” Big City Diner on Facebook and post the following message: “This is BIG! @BigCityDiner is giving away 5 #BCDGrad Parties in 5 Days! Post on your wall & Like Big City Diner to Enter!” and attach a photo of the graduate in their cap & gown! This must be posted on the Big City Diner Wall AND shared on the Participant (Entrants) Wall! If you do not have a Facebook account, and would like to create one, simply visit www.facebook.com. If your Facebook account is set to “protected” or “private” mode, your updates/responses will not be visible to the Sponsor when attempting verify post on your wall, and, therefore, will not be received by Sponsor, resulting in your failure to enter the Contest. Any posts on Facebook deemed by Sponsor to be inappropriate or unsuitable will be disqualified. In the event of a dispute as to any entry, the authorized account holder of the email address used to set up the Facebook account will be deemed to be the participant. Sponsor will not be responsible for Facebook reporting tools. Any attempt to deliberately damage any website related to the Sweepstakes or undermine the legitimate operations of the Sweepstakes will be reported to the appropriate authorities. In the event the Sweepstakes is compromised by virus, bug, unauthorized human intervention or other causes beyond control of the Sponsor that corrupts or impairs the administration, security, fairness or proper play of the Sweepstakes, Sponsor reserves the right in its sole discretion to cancel or terminate the Sweepstakes and awarding of prizes.
EMAIL CLUB: To enter, a participant must be a member of the Big City Diner Exclusive Email Club and send an email to emailclub@bigcitydinerhawaii.com with the following information: First and Last Name, Email Address used to register as member, mailing address, phone number, name of graduate and photo of graduate in their Cap & Gown. If you do not have a Big City Diner Exclusive Email Club account, and would like to create one, simply visit http://bigcitydinerhawaii.com/contact/the-email-club/. Any emails deemed by Sponsor to be inappropriate or unsuitable will be disqualified. In the event of a dispute as to any entry, the authorized account holder of the email address used to set up the Email Club account will be deemed to be the participant. Any attempt to deliberately damage any website related to the Sweepstakes or undermine the legitimate operations of the Sweepstakes will be reported to the appropriate authorities. In the event the Sweepstakes is compromised by virus, bug, unauthorized human intervention or other causes beyond control of the Sponsor that corrupts or impairs the administration, security, fairness or proper play of the Sweepstakes, Sponsor reserves the right in its sole discretion to cancel or terminate the Sweepstakes and awarding of prizes.
3. ELIGIBILITY
The Big City Diner Contests, Games and Promotions are open only to Hawaii Residents and Active Duty Military and their dependants at least 18 Years of Age. All winners of this contest must be a 2011 graduate of an academic institution (i.e. High School, College or University). Only one (1) entry per Twitter account, one (1) entry per Facebook account and one (1) entry per Email Club member account will be allowed for a maximum of three (3) entries will be entered into the Sweepstakes regardless of the number of tweets, posts or emails. Entries must be received by 11:59pm on Friday, June 3, 2011. Any participants under the age of 18 must have parent or guardian enter them into the Sweepstakes.
Employees of Big City Diner (Big City Restaurants, Inc., Big City Diner Inc., Big City Diner Kailua LLC, Big City Diner Ward LLC, Big City Diner Waipio LLC and Big City Diner Pearlridge LLC), Employees of Cox Radio Hawaii, Employees of Clear Channel Radio, Employees of Salem Media of Hawaii, Employees of Ohana Broadcasting, ESPN 1420AM, KGMB9-TV, KHON2-TV, KHNL8-TV, KITV4-TV, KFVE5-TV, other television or radio stations and any other form of media including but not limited to newspapers and magazines in the Hawaii market, and their affiliates, subsidiaries and advertising agencies and all of their related companies and their immediate family members (spouse or significant other, mother, father, sister, brother, daughter or son) or anyone residing in their household is not eligible. This rule shall also apply to any employee of a contest, game or promotion partner or sponsor associated with this Big City Diner contest, game or promotion.
In addition to the above requirements players are eligible only if no one in their household or family has won a prize in the last 60 days during any Big City Diner or BigCityDinerHawaii.com contest, game or promotion.
By participating, you agree to these Official Rules and the decisions of Big City Diner, which are final and binding in all respects. No Purchase Necessary. Contest, Game or Promotion is void where prohibited.
4. PROMOTIONAL PERIOD(s)
The promotional period for this contest is May 24, 2011 to June 3, 2011. All entries must be received during this period. In a random drawing, the potential winners will be selected from all eligible entries received for the contest. Contest winners will be notified on or about June 6, 2011. Potential winners may be required to provide Sponsor with proof that the potential winner is the authorized account holder of the Twitter, Facebook or Email Club account associated with the winning entry. At the end of the Promotion period winners will be notified electronically or by phone.
Promotional periods vary by individual contests, games and promotions; and, Big City Diner reserves the right to terminate all games, contests & promotions at any time. Big City Diner reserves the right to make changes and/or amendments to the rules of this Contest, Game or Promotion, which shall become effective upon announcement.
5. PRIZES
Five (5) winners will be chosen on or about June 6, 2011 in a random drawing from all eligible entries received by Sponsor during the Promotion Period, subject to verification. Five (5) Prizes shall be awarded by Big City Diner. One (1) Prize will be awarded to each winner. The Prize consists of a graduation party valued at $100 that can be used at the winner’s discretion from June 6, 2011 to June 30, 2011 from 7am to 10pm Monday to Thursday at any Big City Diner location on the Island of Oahu in the State of Hawaii. Prizes cannot be substituted, assigned or transferred by winner. Prizes are not redeemable for cash or transferable. Winners are responsible for the gratuity of the Approximate Retail Value (“ARV”) of $100. The total ARV of all prizes is $500. All alcoholic beverages are excluded from the Prize. The Prize cannot be used in conjunction with any other promotion, discount, special, contest, coupon or offer.
Prizes cannot be assigned or transferred.
Prizes are non-exchangeable and there is no cash redemption value. Air Fare / Air Transportation is always given in the form airline tickets (in certificate form) and are subject blackout dates. Hotels rooms when included in prize packages are subject to similar guidelines.
Big City Diner reserves the right, at its sole discretion, to revoke any prize awarded, and to disqualify any individual it finds, to be tampering with the entry process or the operation of the contest; to be in violation of the Terms of Service of the contest, to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner including theft or behavior with intent to annoy, abuse, threaten or harass any other person. Use of robotic, automatic, programmed or like entry methods will void all such entries by such methods.
Big City Diner will prosecute any fraudulent activities to the full extent of the law.
You will need to respond within (48) forty-eight hours in order to claim prize. If you do not respond within the period an alternate winner will be selected.
Prizes will not be mailed. To claim prize, winners must provide proper proof of identification at the Big City Diner Corporate Office at 94-800 Ukee Street, Waipahu Hawaii, 96797 or at a location designated by Big City Diner including the offices of our media partners.
Prize Pick Up hours are Monday though Friday 8:30am to 4:30pm and closed on ALL holidays. Prizes must be picked up in two weeks or less after the date of winning. Prizes that are not picked up in that time period or by the time the prize has expired are immediately forfeited and no other prizes will be awarded.
6. TAXES
Any & all taxes are the sole responsibility of winner. Winners must execute and return an Affidavit of Eligibility, a Liability Release, and a Publicity Release within 7 days of notification. Failure to return documents timely, or if prize notification or prize is returned as non-deliverable, may result in disqualification.
7. LIABILITY
By accepting the prize, each winner agrees to release and hold harmless Big City Diner, its licensees, their parents, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, the use or misuse of a prize, participation in any contest related activity, or participation in this contest.
Big City Diner is not responsible for any incorrect or inaccurate information, whether caused by the material, equipment or programming associated with or utilized in the contest and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the phone line.
8. DISPUTES
As a condition of participating in this Contest, Game or Promotion, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, Game or Promotion, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in the City and County of Honolulu having competent jurisdiction, which Court shall apply the laws of the State of Hawaii without regard for doctrines of Conflict of Law. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with entering this Contest, Game or Promotion), and participant further waives all rights to have damages multiplied or increased.
9. WINNERS LIST
A list of winners names can and may be posted on the Big City Diner’s or its media partners web site where applicable.
10. MISCELLANEOUS
This Contest, Game or Promotion is subject to the final decision of Big City Diner or its sponsors and media partners. This Contest, Game or Promotion is also subject to the rules of other sponsors or media partners.
For a copy of these rules, please send a self-addressed postage paid envelope along with a written request to Big City Diner Corporate Office, ATTN: Marketing Department 94-800 Ukee Street, Waipahu Hawaii 96797.
