“THE MELTING POT’S FEMME FATALE DE FONDUE LADIES’ NIGHT OUT SWEEPSTAKES”
NO PURCHASE NECESSARY TO ENTER OR WIN.
SPONSOR: Femme Fatale de Fondue Contest (“Contest”) is sponsored by The Melting Pot Restaurants, Inc., 8810 Twin Lakes Blvd., Tampa, Florida 33614 (“Sponsor”).
CONTEST PERIOD. Contest begins Nov. 3, 2013 at 12:01 a.m. Eastern Standard Time (EST), and ends Nov. 8, 2013 at 11:59 p.m. EST (the “Contest Closing Date”).
AGREEMENT TO THE OFFICIAL RULES. By participating in the Contest, all entrants fully and unconditionally agree to and accept these Official Rules and the Sponsor’s decisions which are final and binding in all matters related to the Contest. Winning the prizes (described below) is contingent upon fulfilling all requirements set forth herein.
ELIGIBILITY. Legal residents of the 48 contiguous United States, and the District of Columbia and Canada (excluding residents of Quebec), who are 21 years of age or older are eligible to enter, except employees of Sponsor, and any other organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion and/or their respective agents, affiliates, subsidiaries, and members of their immediate families or persons residing at the same address.
ENTRY. Enter the Contest by visiting www.meltingpot.com/femme-fatale-de-fondue-contest (the “website”) during the Contest Period or utilize the QR code found in the restaurant on the Femme Fatale de Fondue event menu, to access the online entry form for the Contest. Entrants must complete the online entry form with your name, age, street address, e-mail address, and telephone number, and answer the questions on the online entry form, including (a) describing your “most memorable ladies night out.” The answers to (a) must be 2000 characters or less (“Entry”). Click on the “Submit” button to submit your Entry into the Contest.
Entrants must fully complete and submit all non-optional data requested on the online entry form to be eligible. Incomplete or inaccurate online entries are void. By successfully transmitting a completed online entry form as directed, you will be entered in the Contest. Contest may only be entered online. No other method of entry will be accepted. Limit one entry per person.
The Contest computer, as determined by Sponsor in its sole discretion, is the official time keeping device for the Contest. Entries become the property of Sponsor and will not be acknowledged or returned.
Entries (i) must be the original and sole creation of the submitting entrant, and all right, title and interest including but not limited to the copyright in any Entry, must be owned solely by the submitting entrant; (ii) may not have been submitted in any other competition, (iii) may not have been published; (iv) may not infringe upon any third party’s rights, including but not limited to, copyright, patent or trademark, or rights of privacy or publicity, or contain material that is or may be considered defamatory, slanderous or libelous, or portray or depict any person, product or entity in a false light; (v) may not violate any law, rule or regulation; (vi) may not contain any virus, bugs, or other deleterious material; and (vii) may not contain inappropriate content, for example but not limited to, profanity, defamatory statements, words or symbols widely considered offensive to individuals of any certain race, ethnicity, religious, sexual orientation or socioeconomic groups, threats to any person, place, business, or group. Each entrant warrants and represents that his/her Entry complies with all of those conditions. Any non-complying Entry will subject the entrant to disqualification in Sponsor’s sole discretion.
ODDS. Odds of winning depend on the total number of eligible Entries received during the Contest Period. As this is a contest of skill, winning is also dependent upon the quality of entries received and the skill of the individual entrants. When you enter the Contest online, you can also opt-in to receive promotional offers and emails from Sponsor. You can opt-out of receiving such offers and emails at any time and opting-in does not impact your chances of winning.
WINNER SELECTION. At the close of the Contest Period, a qualified panel of judges will judge eligible entries on the basis of the following criteria:
- Originality (30%): How creative and inventive was the content of entrant’s Entry?;
- Compelling Story (30%): How compelling was the content of the entrant’s Entry?
- Consistency with Sponsor’s Brand Image (25%): Does the entrant’s Entry accurately represent the Sponsor’s brand image?; and
- Quality of writing (15%): How well did the entrant present the Entry?
Each Entry will then be awarded a score from 0 (poor) to 100 (perfect) in each category. Sponsor will weight and tally all of the scores for each entry and then rank them according to cumulative score. Potential winners will be selected based on these rankings, with the three entrants having the three highest cumulative scores being declared a potential Grand Prize and Second Place Prize winners, respectively. In the event of a tie, the potential winner will be the entry among the tied entries with the higher score in the criterion of Originality. In the event of a further tie, that tie will be broken based on the highest score for Compelling Story. Decisions of judges are final and binding in all respects. Being named a potential winner is subject to validation and verification of eligibility and compliance with all terms and conditions set forth in these Official Rules. Sponsor reserves the right to select fewer winners if the quality or quantity of eligible Entries is insufficient. In the event a potential winner is disqualified, he/she shall forfeit his/her prize and the entrant with the next highest score will be selected as a winner.
A. One (1) Grand Prize: Grand Prize consists of one (1) pair of custom-made diamond earrings from Simon G or Zeghani by Simon with a retail price of $5,000. Choice of diamond earrings is at the sole discretion of Sponsor. Grand Prize Winner will also receive twelve (12) $100 gift cards to The Melting Pot. Gift cards subject to issuer’s terms and conditions. Approximate Retail Value (ARV) of Grand Prize is $6,200.
The prize is not transferable cannot be assigned, substituted or redeemed for cash. Sponsor reserves the right to substitute a similar prize of equal or greater value in the event that the stated prize is no longer available/cannot be awarded due to circumstances beyond the control of the Sponsor. All other expenses and costs, not expressly listed above, including, but not limited to, federal, state, and local taxes. Neither the Sponsor nor its affiliates or subsidiaries will be responsible for any loss, liability or damage arising out of the winner’s acceptance or use of the prize.
B. Fifty (50) Second Place Prizes: Fifty Second Place Prize winners will each receive one (1) $50 gift card to The Melting Pot. Gift cards subject to issuer’s terms and conditions. ARV of each Second Place Prize is $50.
ARV of all Prizes is $8,700. Any difference between the stated ARV and actual value, if any, will not be awarded. All federal, state and local taxes and all other costs and expenses associated with the acceptance and use of a prize not specifically set forth herein as being provided is the responsibility of the winners.
LIMITATIONS ON PRIZES. One prize per entrant. Sponsor reserves the right to substitute a prize (or portions thereof) of equal or greater value if prize (or portions thereof) cannot be awarded as described. Sponsor will determine all elements of prizes in its sole discretion. Prizes may not be assigned, transferred, changed or redeemed for cash, except at the sole discretion of Sponsor. In the event the Grand Prize Winner is a resident of the United States, Grand Prize Winner will also be required to complete and return a W-9 Form, including his/her Social Security number, which will be used only for the purpose of reporting the Grand Prize winner’s prize earnings to the Internal Revenue Service as required by law.
PRIZES ARE AWARDED “AS IS” WITH NO WARRANTY OR GUARANTEE EXPRESS OR IMPLIED. SPONSOR DISCLAIMS ALL AND ANY LIABILITY FOR THE ACTUAL PROVISION, QUALITY OR NATURE OF ANY THIRD PARTY PRODUCT OR SERVICE ACCEPTED BY THE WINNERS.
The Grand Prize Winner will also be required to sign a declaration and release form (the “Release Form”) confirming compliance with the Official Rules, acceptance of a prize as awarded, without substitution, and releasing the Sponsor, their affiliated and related companies, advertising and promotional agencies, the independent contest organization and their respective shareholders, directors, officers, employees, agents, representatives, successors and assigns (collectively, the “Released Parties”) from any liability in connection with a prize or the Contest. The Release Form must be returned within the time period specified on the Release Form or the prize will be forfeited. Delivery of the prizes will be coordinated with the winners by the Sponsor, upon receipt of the Release Form.
DISPUTE RESOLUTION. Except where prohibited, by participating Contest entrants agree that: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant(s) and Sponsor and its agents shall be governed by and construed exclusively in accordance with the laws of the State of Florida, USA without giving effect to any principles of conflicts of law of any jurisdiction. Entrant agrees that any action at law or in equity arising out of or relating to this Contest, or awarding of the prizes, shall be filed only in the state or federal courts located in Tampa, Florida and entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this Contest, each entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or awarding of the prizes, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest but in no event attorneys’ fees; and (c) under no circumstances will any participant be permitted to obtain awards for and hereby waives all rights to claim 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. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
OTHER. Sponsor assumes no responsibility for entries it is unable to process due to network, hardware or other technical failures, or any other reason, or incomplete, damaged, misdirected, illegible, stolen or lost entries. Sponsor reserves the right, in its sole discretion to disqualify any person suspected of tampering with the entry process, the operation of the web site or otherwise, in violation of the rules. CAUTION: Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such individual to the fullest extent permitted by law.
Sponsor reserves the right to disqualify any non-conforming entries. Sponsor further reserves the right, in its sole discretion, to cancel, terminate or modify this promotion if not capable of completion as planned, including infection by computer virus, technical corruption, non-authorized human intervention or force majeure. In the event of cancellation, Sponsor reserves the right to select winners from among all eligible entries received prior to date of cancellation. The use of automated entry systems or any other conduct that impedes the integrity of the Contest is prohibited. In the event of a dispute regarding online entry, entry will be deemed made by the authorized account holder of an established e-mail account associated with the entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet Access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted email address.
GENERAL. Except where prohibited by law: (i) entry constitutes permission and a license to use entrant’s submission on Sponsor’s web sites including Sponsor’s third party social media web sites; and (ii) entry constitutes permission to use each winner’s name, hometown, voice, likeness, photograph and any statements regarding this Contest for editorial, public relations, promotional and advertising purposes on behalf of Sponsor without compensation. If winner notification is returned as undeliverable, the entry with the next highest score may become an alternate winner. By participating and winning a prize, Winners release Sponsor, and its parents, affiliates, subsidiaries and agencies and their respective directors, officers, employees and agents from any and all liability with respect to the prize won and participation in the Contest, subject to all federal, state, provincial and local laws and regulations. Void where prohibited. Taxes on prizes are sole responsibility of winners. For winners’ names, available after December 30, 2013, send a separate, self-addressed, stamped envelope to The Melting Pot “Femme Fatale de Fondue” Winners, c/o The Melting Pot Restaurants, Inc., 8810 Twin Lakes Blvd. Tampa, FL 33614. VT residents may omit return postage. Requests must be received no later than January 30, 2014.