Tumbleweed's 2010 Margarita Madness Contest
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Tumbleweed's Margarita Madness Contest ("the Contest") is open only to legal residents of the fifty (50) United States (including District of Columbia) who are at least twenty-one (21) years old at the time of entry. Employees of Tumbleweed Restaurants, Inc. and their affiliate companies, suppliers as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state, provincial, municipal, territorial and local laws and regulations. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Tumbleweed's decisions, which are final and binding in all matters related to the Contest. Winning either prize is contingent upon fulfilling all requirements set forth herein. The Contest's prizes consists of free Tumbleweed for a year ("TW for a year").
2. Timing: The Contest begins on March 15th, 2010 at 12:00 a.m. Eastern Time ("ET") and ends on April 2, 2010 at 11:59 p.m. ET (the "Contest Period"). For purposes of this Contest, a "Day" begins at 12:00 a.m. ET and ends at 11:59 p.m. ET. Tumbleweed's computer is the official time keeping device for this Contest.
3. How to Enter: During the Contest Period, go to www.tumbleweedrestaurants.com and fill out the online entry form. Complete and submit the online entry form including a valid phone number and email address. Participants will then have access to online bracket and instructions. Participants who fill out the online contest are eligible to win both a $100 Tumbleweed Gift Card and TW for a year. Participants who text their overall winner will only be eligible for TW for a year.
Limit: Each participant may enter/play one (1) time, regardless of method of entry, during the Contest Period. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of plays/entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's plays/entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Tumbleweed Restaurants, Inc. is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
5. Tumbleweed for a year: Tumbleweed Restaurants, Inc. will act as an independent judging organization whose decisions as to the administration and operation of the Contest and the selection of potential winners are final and binding in all matters related to the Contest. Tumbleweed for a year: Tumbleweed will select all winners on or around April 6, 2010.
6. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY TUMBLEWEED, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST.AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE TW FOR A YEAR SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT'S ELIGIBILITY, AND THE POTENTIAL TUMBLEWEED FOR A YEAR WINNER HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. TUMBLWEED WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID AND WILL NOT BE HONORED.
7. Verification of Potential Winners: Potential winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential winners will be notified by email or telephone after the date of random drawing. The potential winners will be required to sign and return to Tumbleweed Restaurants, Inc., within ten (10) days of the date notice is sent, an Affidavit of Eligibility, Liability and Publicity Release (or Declaration of Compliance, if Canadian resident) (except where prohibited) in order to claim his/her prize(s). If a potential winner of any prize cannot be contacted, or fails to sign and return the Affidavit of Eligibility, Liability and Publicity Release (or Declaration of Compliance) within the required time period (if applicable), potential winner forfeits prize. In the event that a potential winner is disqualified for any reason, Tumbleweed Restaurants, Inc. will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.
8. Prizes:
Tumbleweed for a year prize: A Tumbleweed gift card is provided to winner. $50 will be loaded onto the card each month for 12 months. ARV: $600 USD. Odds of winning TW for a year prize depend on the number of eligible prizes available divided by the number of Tumbleweed for a year plays. Limit: One (1) Tumbleweed for a year prize per person. Gift card is subject to terms and conditions of use as stated thereon.
For All Prizes: No cash equivalent and all prizes are non-transferable and no substitution will be made except as provided herein at the Tumbleweed Restaurants, Inc.'s sole discretion. Tumbleweed Restaurants, Inc. reserves the right to substitute any listed prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. TOTAL ARV OF ALL PRIZES: $900 USD.
9. Release: By receipt of any prize, winner agrees to release and hold harmless Tumbleweed Restaurants, Inc., and their respective subsidiaries, affiliates, suppliers, distributors, advertising/contest agencies and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
10. Publicity: Except where prohibited, participation in the Contest constitutes winner's consent to Tumbleweed Restaurants, Inc.'s and its agents' use of winner's name, likeness, photograph, voice, opinions and/or hometown and state (and/or province) for Contest purposes in any media, worldwide, without further payment or consideration.
11. General Conditions: Tumbleweed Restaurants, Inc. reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Tumbleweed Restaurants, Inc.'s reasonable control impairs the integrity or proper functioning of the Tumbleweed for a year, as determined by Tumbleweed Restaurants, Inc. in its sole discretion. In such event, Tumbleweed Restaurants, Inc. reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Tumbleweed Restaurants, Inc. reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Tumbleweed for a year or to be acting in violation of these Official Rules or any other Contest or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Tumbleweed for a year may be a violation of criminal and civil law, and, should such an attempt be made, Tumbleweed Restaurants, Inc. reserves the right to seek damages from any such person to the fullest extent permitted by law. Tumbleweed Restaurants, Inc.'s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Tumbleweed for a year play, provided that if it is not possible to award another entry due to discontinuance of the Contest, or any part of it, for any reason, Tumbleweed Restaurants, Inc., at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Tumbleweed Restaurants, Inc. reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
13. Disputes: 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 United States District Court for the appropriate Kentucky State Court located in Louisville, Kentucky, U.S.A.; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this 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, and 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 Tumbleweed Restaurants, Inc. in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Kentucky, without giving effect to any choice of law or conflict of law rules (whether of the State of Kentucky, U.S.A. or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Kentucky, U.S.A.
14. Entrant's Personal Information: Information collected from entrants is subject to Tumbleweed Restaurants, Inc.'s Privacy Policy.
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