Red Robin Tailgate (Contest Rules)

CONTEST RULES

MUST BE AT LEAST 18 YEARS OLD TO ENTER

THIS CONTEST IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, RULES, AND REGULATIONS.  NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER IN THE CONTEST.  MAKING A PURCHASE OR PAYMENT WILL NOT INCREASE THE AMOUNT OF OR ANY CHANCES OF WINNING.  THIS CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW, WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET.

IN ADDITION TO THESE RULES, THIS CONTEST AND ALL ENTRIES ARE SUBJECT TO THE TERMS OF SERVICE (THE “TERMS OF USE”), PRIVACY POLICY, AND ALL OTHER APPLICABLE NOTICES POSTED BY CHIVE MEDIA GROUP, LLC, AVAILABLE AT THE FOLLOWING URLs: WWW.CHIVEMEDIAGROUP.COM/LEGAL/TERMS; & WWW.CHIVEMEDIAGROUP.COM/LEGAL/PRIVACY.  IF THERE IS ANY CONFLICT BETWEEN THESE CONTEST RULES AND ANY PROVISION OF THE TERMS OF USE, THESE RULES WILL GOVERN.

ACCEPTANCE OF RULES.

By entering this Contest, you fully and unconditionally accept and agree to these Rules and to all decisions made by Administrator, which are final and binding on all matters related to the Contest.

ADMINISTRATOR AND SPONSOR.

This Contest is administered by Chive Media Group, LLC (“Administrator”) and sponsored by Red Robin.  This Contest will be conducted under the supervision of Administrator.

ELIGIBILITY TO ENTER.

This Contest is only open to legal U.S. residents of the 50 United States and the District of Columbia, who are at least 18 years old as of the beginning of the applicable Contest Period (defined herein).  By entering this Contest, you represent and you are at least 18 years of age. Employees of the Administrator and/or their respective parents, subsidiaries, and affiliates, and employees of any advertising or promotion agencies or any other entity involved in the sponsorship, conducting, or development of this Contest, and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) or household members are not eligible to enter.

CONTEST OVERVIEW.

Contest Entities are giving away a tailgate sponsored by Red Robin for one individual who submits the best tailgate memory and one $25 gift card to Red Robin for the Runner Up. The sponsored tailgate will include a gourmet burger bar from Red Robin, to feed up to 50 people, branded materials, swag giveaways and a photographer to document the event, as described in the Prize section of these Rules.

HOW TO ENTER.

TO ENTER: Comment your favorite tailgate memory in the comment section of one of theCHIVE’s social media posting (Facebook, Instagram, or Twitter) asking for your best tailgate memory. In connection with your entry, you must include the disclosure hashtag provided by Administrator.

You may only enter this Contest ONE (1) time. You may only enter on behalf of yourself; you may not enter this Contest on behalf of any other person.  The owner of the account used to submit the entry will be deemed the entrant into the Contest. You may be required to show proof of ownership of your account used to enter this Contest.

CONTEST ENTRY PERIOD.

This Contest is only open for entry, and you may only enter this Contest, during the following period (the “Contest Period”):

Contest begins on Monday, August, 13th 2018 at 4pm CST
Contest ends on Friday, August, 17th 2018 at 11:59 pm CST

SELECTING A WINNER.

At the end of the Contest Period, Administrator will select ONE (1) winner of the Contest (the “Winner”), and (1) Runner Up (the “Runner Up”) from all eligible entries. The Winners will be the entrant who comments the best tailgate memory, as judged by the Administrator, in its sole discretion. The Administrator’s judgment will be final and binding.

ENTRY RESTRICTIONS.

IN ADDITION TO ALL OTHER PROVISIONS STATED HEREIN, ALL ENTRIES MUST COMPLY WITH THE FOLLOWING OR THEY WILL BE DISQUALIFIED FROM ENTRY INTO THE CONTEST:

#RRContest. If entry into this Contest requires you to post your entry to any social media or other online platform for which you have an account, you must include the contest identifying hashtag or other disclosure provided by Administrator when you post your entry.

Accuracy and Ownership. All information submitted during your entry must be complete and accurate. You must be the sole owner of all right, title, and interest (including all copyrights and any other intellectual property rights therein) in and to all your entries.

General Restrictions.  All entries must conform to Administrator’s Terms of Use, as determined by Administrator in its sole discretion.  You may not submit any entry that: (a) is unlawful, harmful, pornographic, obscene, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way; (b) harasses, degrades, intimidates, or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (c) is false, deceptive, misleading, deceitful, or fraudulent; (d) promotes illegal activities or is otherwise in violation of any law, rule, or regulation; (e) can be reasonably be expected disparage or adversely affect the reputation or commercial interests of Administrator; (f) violates or infringes on the rights of any third party; (g) may subject Administrator or any other person or entity to any civil or criminal liability; (h) you do not own all right, title, and interest in and to.

Third-Party Materials and Likenesses.  If your entry uses, features, incorporates, or has displays therein any materials, works, content, music, performances, compositions, or trademarks owned by a third party (“Third-Party Materials”), or the name, image, likeness, voice, identity, social media ID, statement, hometown, and biographical information (collectively “Likeness”) of any person, then you must have and, by your submitting your entry, you represent and warrant that you do have, full clearance, consent, and permission to use, feature, incorporate, and/or display those Third Party Materials and/or Likenesses in your entry and in connection with your entry into this Contest.  If you do not have such clearance, consent, or permission, do not submit any such entry.

License to Entries. You agree that, in addition to all provisions stated in these Rules, all entries will constitute “User Submissions,” as defined by Administrator’s Terms of Use, and will be subject to all provisions of the Terms of Use regarding User Submissions.  In addition to the provisions of the Terms of Use governing User Submissions, you grant the Contest Entities and their parents, subsidiaries, affiliated entities, licensees, designees, successors, and assigns (collectively, “Licensees”) a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully-paid, sub-licensable, and transferable license to use, copy, exhibit, transmit, distribute, prepare derivative works of, broadcast, display, edit, modify, telecast, publicly perform, stream, compile with other works, and otherwise exploit your entries (including without limitation, any and all Likenesses and/or Third Party Materials used, incorporated, or displayed therein), in Licensees’ sole discretion and in any media formats now known or hereafter devised, for all commercial and non-commercial purposes, all without any further compensation, consideration, notice to, or approval by, you.  

CONTEST PRIZE.

The Winner will be awarded the following prize (the “Prize”):

CATERING OF A TAILGATE, sponsored by Red Robin, AT A date and location of one 2018 regular season NFL or college football game, AS chosen by the Winner, which will include a burger bar from Red Robin of 100 hamburgers, along with branded materials, swag giveaways, and a photographer to document the tailgate.

The Runner Up will be awarded the following prize (the “Prize”):

A $25 gift card to Red Robin to use at the Runner’s Up discretion.

IN ADDITION TO ALL OTHER RESTRICTIONS STATED HEREIN, THE PRIZE AND ANY RIGHT OF THE WINNER TO CLAIM THE PRIZE IS SUBJECT TO THE FOLLOWING CONDITIONS:

• The Prize and the Winner’s right to claim the Prize is subject to all applicable laws, ordinances, rules, regulations, policies, procedures, or other requirements applicable to the Tailgating Prize (collectively, “Tailgating Policies”), including but not limited to, all laws, ordinances, rules, regulations, policies, procedures, or other requirements that may be imposed by any applicable team, stadium, venue, location, City, municipality, school, league, and/or other applicable authority.

• The Prize tailgate must take place at a stadium (or immediately adjacent areas where tailgating is permitted in accordance with Tailgating Policies) located within a 10-mile radius of a then-current Red Robin restaurant location.

• The Winner and all Prize guests must, at all times, fully comply with all Tailgating Policies.

• The Prize tailgate must take place prior to kickoff of the chosen game and is limited to a period of time not to exceed the lesser of four hours or the maximum amount of time prior to kickoff permitted by applicable Tailgating Policies.

• Prior to the Prize tailgate, the Winner must secure and is solely responsible for securing all permits, permissions, licenses, consents, tickets, parking spaces, passes or other requirements as may be necessary to host and conduct the Prize tailgate.

IF ANY OF THE FOREGOING CONDITIONS ARE NOT SATISFIED, THE WINNER WILL NOT BE ENTITLED TO CLAIM THE PRIZE AND WILL FORFEIT THE PRIZE ENTIRELY, WITHOUT ANY RIGHT TO ADDITIONAL PRIZES, SUBSTITUTIONS, DIFFERENCE IN VALUE, OR OTHER CONSIDERATION OF ANY KIND.

Excluded Costs. All costs not expressly stated in the Prize description are not included in the Prize and are the sole responsibility of the Winner, including but not limited to, game tickets, parking passes, parking costs, beverages, fuel and transportation to and from the Prize, additional fees charged by the game venue, host, or league.

Tailgating Policies. The Winner will be solely responsible for organizing all elements of the tailgate, except for those specifically stated as part of the Prize. If the Winner does not so organize the tailgate, the Winner will forfeit the Prize will not receive or be entitled to any additional prizes, substitutions, difference in value, replacements, payment, or other consideration of any kind (collectively, “Other Consideration”). Representatives of the Contest Entities may, in their sole discretion, choose to be present at the Prize; however, they are not responsible for ensuring compliance with any Tailgating Policies, which ensuring compliance will be the sole responsibility of the Winner.

Guest Restrictions. The Winner has the opportunity to bring guests to participate in the Prize, but guests have no independent right to the Prize themselves. The number of permitted guests is as limited by the applicable Tailgating Authority. If the Winner chooses to not bring any guests, the Prize will apply only to the Winner and the Winner will not receive or be entitled to any Other Consideration.

Game Cancellation/Changes. Contest Entities are not responsible for any cancellations, delays, or changes in dates, times, location, policies, events, schedule, or any other changes with respect to the Prize. If the game for which the Winner elects to claim the Prize (the “Game”) is cancelled, or if the Winner is unable to participate in the Prize for any reason, any and all of the Winner’s right to claim the Prize will be forfeited and the Winner will not receive or be entitled to any Other Consideration. If the Game is changed or re-scheduled, the Administrator, in their sole discretion and without any obligation, may elect to attempt to re-schedule the awarding of the Prize to the Winner if such rescheduling is reasonably feasible; but if such rescheduling is not reasonably feasible, the Winner will forfeit the Prize and will not receive or be entitled to any Other Consideration. It is the Winner’s sole responsibility to stay informed about the details of the Game, including any changes or cancellations.

Force Majeure. Contest Entities will not be liable, and any and all rights to claim the Prize will be forfeited, in the event of any present or future statute, law, ordinance, regulation, order, judgment or decree, weather, act of God, earthquake, flood, fire, epidemic, accident, explosion, casualty, lockout, boycott, strike, labor controversy, riot, civil disturbance, war or armed conflict, embargo, technical failures, failure or refusal of any third party to perform its obligations, or any other circumstances beyond the Contest Entities’ reasonable control.

Additional Prize Restrictions.  Prizes are non-transferable and have no cash redemption or substitution value, except that Administrator, in its discretion, reserves the right to change or replace the Prize at any time with one of greater or comparable value if any part of the Prize becomes unavailable for any reason.  Contest Entities will not be responsible for or replace any lost or stolen Prizes. To be awarded and claim the Prize, the Winner must meet all Contest eligibility requirements, comply with these rules, and be otherwise ready, willing, and able to claim the Prize. No more than the stated number of Prizes will be awarded. The Prize is offered as an “all or nothing” Prize; no portion of the Prize may be used independently of the entire Prize.

THE PRIZE IS AWARDED “AS IS.” CONTEST ENTITES DO NOT MAKE AND DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THE PRIZE, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.

Retail Value. The approximate retail value of the Prize is $1,000. Actual retail value of the Prize may be different from the stated approximate retail value, due to taxes, processing fees, market conditions, changes in values/rates of components; and if so, the Winner will not be entitled to receive any difference in value.

Taxes and Forms.

The Winners are solely responsible for all federal, state, and local taxes associated with the value of the Prizes, and for any shipping and handling charges related to delivery of the Prize.  As a condition of receiving any Prize, the Winner may be required to timely execute and return to Administrator a form W-9, Affidavit of Eligibility, Liability and Publicity Release, and any other forms requested by Administrator, each in a form and substance acceptable to Administrator.

NOTIFICATION OF WINNER.

Administrator will contact the potential Winner and Runner Up, to notify them and arrange for the opportunity to claim of the Prize.

THE WINNER MUST MEET ALL ELIGIBILITY REQUIREMENTS AND COMPLY WITH THESE TERMS TO WIN THE PRIZE. WINNERS ARE SUBJECT TO VERIFICATION BY ADMINISTRATOR, IN ADMINISTRATOR’S SOLE DISCRETION, AND ALL ADMINISTRATOR’S DECISIONS WITH RESPECT THERETO ARE FINAL.  NO ENTRANT WILL BE DECLARED A WINNER UNLESS AND UNTIL ADMINISTRATOR HAS VERIFIED THAT ENTRANT’S ELIGIBILITY.

CANCELLATION AND DISQUALIFICATION.

Administrator reserves the right to, in its sole discretion, cancel, suspend, and/or modify the Contest (or any part thereof) and/or to disqualify any entrant, Winner, or potential Winner in the event of any of the following (each a “Cancellation Event”):

• Administrator has reason to believe there exists any tampering, fraud, delay, unauthorized intervention, cheating, technical failures, fraudulent voting, or any other factor, technical failures, or other causes that corrupt the administration, security, fairness, integrity, or proper functioning of the Contest;

• Any entrant fails to comply with these Rules or any applicable law, rule, or regulation;

• Any entrant annoys, abuses, threatens, or harasses any other entrant or Administrator;

• Administrator’s technical systems become otherwise impaired for any reason, in a manner that may affect the administration, security, fairness, integrity, or proper functioning of the Contest;

• Administrator is unable to verify the eligibility of a Winner or potential Winner, or Administrator determines a Winner or potential Winner to be ineligible;

• Any entrant fails to provide current and correct contact information for when entering;

• Any person attempts to exceed the limit of number of entries into the Contest by any method, including but not limited to, using multiple email addresses or accounts or robotic entries;

• A Winner is not ready, willing, or able to accept and claim the Prize, in accordance with these Rules, or Administrator is unable to deliver the Prize for any reason.

• Administrator is unable to deliver the Prize for any reason; or

• As may be required by any governmental agency with authority over contest regulation.

In the event of a Cancellation Event, Administrator reserves the right, but will not be obligated to, award or dispose of the Prize, as deemed fair and appropriate by Administrator, in its sole discretion, including without limitation, disqualifying all suspect entries and/or selecting new a new winner from the remaining pool of non-winning entries, using the same winner selection method as originally employed.

APPEARANCE RELEASE.

You grant Licensees the perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable right to use your Likeness, in Licensees’ sole discretion and in any and all media now known or later devised, for all commercial and non-commercial purposes in connection with Licensee’s businesses, without any further compensation, consideration, notice to, or approval by, you.

REPRESENTATIONS AND WARRANTIES.

You represent and warrant that:

• You are the exclusive owner of all right, title, and interest in and to all entries you submit;

• You have not assigned, transferred, or exclusively licensed any rights (including without limitation any copyrights or other intellectual property rights), in your entry or any portion thereof to any third-party, nor otherwise encumbered your entry or any rights therein.

• You have full right, permission, and consent, without the necessity of obtaining the consent of any third party, to grant to Administrator all rights, licenses, and consents under these Rules;

• With respect to any Third-Party Materials and/or Likenesses used, featured, incorporated, or displayed in your entry, you have obtained full clearance, consent, and permission to use, feature, incorporate, and/or display those Third-Party Materials and/or Likenesses in your entry, submit them with your entry into this Contest, and grant Administrator all rights granted by these Rules; and

• Your entry does not and will not violate or infringe upon the rights of any third party.

THIRD PARTY TERMS.

If entry into this Contest requires you to make use of any third-party products or services, including without limitation, third-party, apps, websites, social media platforms, or email service (collectively, “Third-Party Services”), then by entering the Contest, you agree to abide by the rules, policies, terms, and conditions governing the use of each of those Third-Party Services.

RELEASE.

BY ENTERING THIS CONTEST, YOU FOREVER RELEASE AND HOLD HARMLESS ADMINISTRATOR, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, AND EMPLOYEES (COLLECTIVELY, “RELEASEES”) FROM AND AGAINST ANY CLAIMS, LIABILITIES, JUDGMENTS, DAMAGES, LOSS, ACTIONS OR CAUSE OF ACTION, AND COSTS (INCLUDING REASONABLE ATTORNEY’S FEES) (COLLECTIVELY, “CLAIMS”), KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, THAT YOU MAY NOW OR LATER HAVE, ARISING FROM OR RELATED TO YOUR ENTRY INTO, INABILITY TO ENTER INTO, OR PARTICIPATION IN THE CONTEST.  YOUR FOREGOING WAIVER AND RELEASE INCLUDES, WITHOUT LIMITATION, ALL CLAIMS ARISING FROM OR RELATED TO: (A) THE NEGLIGENCE OF ANY RELEASEE OR ANY THIRD PARTY; (B) PHYSICAL AND/OR MENTAL INJURY, HARM, DAMAGES, DISABILITY, ILLNESS, DEATH, AND/OR OTHER OR LOSS TO YOU OR YOUR PROPERTY; (C) LOST, LATE, MISDIRECTED, DAMAGED, STOLEN, ALTERED, GARBLED, FRAUDULENT, INCORRECT, INCOMPLETE, OR DELAYED ENTRIES; (D) RECEIPT, USE, OR MISUSE OF THE PRIZE; (E) ERRORS OR MALFUNCTIONS OF ANY EQUIPMENT, COMPUTER, ONLINE SYSTEMS, SERVERS, PROVIDERS, OR COMPUTER HARDWARE OR SOFTWARE FAILURES; (F) THIRD-PARTY INTERVENTION INTO THE CONTEST OR OTHER TECHNICAL OR HUMAN ERRORS OR MALFUNCTIONS OF ANY KIND; (G) USE OF THE WEBSITE ON WHICH THE CONTEST IS CONDUCTED; (H) THE CANCELLATION, SUSPENSION, OR MODIFICATION OF THE CONTEST OR THE DISQUALIFICATION OF ANY ENTRANT OR WINNER; AND (I) BREACH OF CONTRACT; AND/OR (I) INFLICTION OF EMOTIONAL DISTRESS; DEFAMATION, FALSE LIGHT, COMMON LAW OR STATUTORY MISAPPROPRIATION, INVASION OR OTHER VIOLATIONS OF ANY ACTUAL OR PURPORTED RIGHT OF PRIVACY AND/OR PUBLICITY.

RESIDENTS OF CALIFORNIA OR STATES WITH SIMILAR LAW:  IF YOU ARE A RESIDENT OF CALIFORNIA, OR OF A STATE WITH A LAW SUBSTANTIALLY SIMILAR TO SECTION 1542 OF THE CALIFORNIA CIVIL CODE, THEN YOU EXPRESSLY WAIVE ALL RIGHTS AND BENEFITS AFFORDED BY CALIFORNIA CIVIL CODE SECTION 1542 OR YOUR STATE’S SUBSTANTIALLY SIMILAR LAW, AND YOU DO SO UNDERSTANDING AND ACKNOWLEDGING THE SIGNIFICANT OF SUCH SPECIFIC WAIVER THEREOF.  SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA STATES AS FOLLOWS:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

THUS, NOTWITHSTANDING THE PROVISIONS OF SECTION 1542 OR YOUR STATE’S SUBSTANTIALLY SIMILAR LAW, AND FOR THE PURPOSE OF IMPLEMENTING A FULL AND COMPLETE RELEASE AND DISCHARGE OF RELEASEES, YOU EXPRESSLY ACKNOWLEDGE THAT THE RELEASE GRANTED BY YOU BY THESE RULES IS INTENDED TO INCLUDE IN ITS EFFECT, WITHOUT LIMITATION AND WITH RESPECT TO THE ENTIRETY OF THE RELEASE HEREIN, ALL CLAIMS NOT KNOWN OR SUSPECTED BY YOU AND ALL FACTS IN ADDITION TO OR DIFFERENT FROM THOSE WHICH YOU CURRENTLY KNOW OR BELIEVE TO BE TRUE, AND THAT THIS RELEASE CONTEMPLATES THE EXTINGUISHMENT OF ANY SUCH CLAIMS WHICH YOU MAY HAVE AGAINST ANY RELEASEES.  ALL PROVISIONS OF THESE RULES APPLICABLE TO SECTION 1542 WILL APPLY WITH FULL FORCE AND EFFECT TO YOUR STATE’S SUBSTANTIALLY SIMILAR PROVISION

LIMITATION OF LIABILITY.

THE RELEASEES WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST DATA, LOST PROFITS, LOST REVENUE, LOST BUSINESS, ANTICIPATED PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, AND REGARDLESS OF WHETHER THE RELEASEES WERE OR SHOULD HAVE BEEN AWARE OF OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION.

By entering this Contest, you indemnify, defend, and hold harmless the Administrator from and against any all third-party Claims related to your: (a) breach or violation of these Rules or of any representation, warranty, or provision contained herein or otherwise made in connection with the Contest; (b) causing physical and/or mental injury, harm, damage, disability, illness, death, loss, or damage to any third party; (c) violation of or infringement upon the rights of any third party; or (d) violation of any applicable law, rule, or regulation.

JURISDICTION.

This Contest and these Rules will be governed by the laws of the State of Texas, without regard to conflict of law principles.  Any disputes arising from or relating to this Contest, these Rules (including their construction, validity, and enforceability), the Prize, and/or any rights or obligations hereunder will be adjudicated, individually (not by any class or representative action), exclusively in the State or Federal Courts located in Austin, Texas.

GAMBLING PROHIBITED.

This Contest is for entertainment purposes only and may not be used as or in connection with any form of gambling.

NO THIRD-PARTY ENDORSEMENT.

This Contest is not associated with or administered, sponsored, or endorsed by, any Third-Party Services, or any third party other than the Contest Entities.

RULES; WINNER LIST; QUESTIONS.

To receive a copy of these Rules, within 15 days after the end of the Contest Period, send a self-addressed stamped envelope to: Administrator Media, LLC, attn. Contest Rules, 98 San Jacinto Blvd., Suite 160, Austin, TX 78701.  The winner list will be mailed approximately 15 days after receipt of requests therefore.  For any questions about this Contest, contact the Administrator at the preceding address.

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