The Colossal Burger Challenge Official Rules
Entry Period: The Colossal Burger Challenge (the "Contest") begins at 3:00 p.m. Eastern Time ("ET") on December 11, 2015 and ends at 11:59 p.m. ET on December 22, 2015 (the "Entry Period"). Sponsor's computer is the official time keeping device for this Contest.
Eligibility: Open to legal residents of the 50 United States and D.C. (excluding Maryland and North Dakota) who are 13 years of age or older as of date of entry. Employees of Ruby Tuesday, Inc. ("Sponsor") and any of their affiliates, parents or subsidiaries, respective parent, subsidiary, and affiliate companies and advertising and promotion agencies (including Don Jagoda Associates, Inc., Storied by Millions, LLC (f.c.a. GrapeStory, LLC, and VaynerMedia, LLC) and members of their immediate families (spouses, parents, children, and siblings and their spouses), and/or those living in the same household of each are not eligible. Void in Maryland and North Dakota and wherever else prohibited or restricted by law. All applicable federal, state, and local laws and regulations apply.
How To Enter the Contest: During the Entry Period, you may enter the Contest in one of two (2) ways:
Creating a Twitter or Instagram account is free. All material submitted to Sponsor in connection with this Contest shall be referred to herein as the "Entry", but additional tweet copy and/or captions accompanying the Photo will not be judged. The person submitting the Entry shall be referred to herein as the "Entrant." There is a limit of one Entry per person, per platform.. Each Entrant (or the parent/legal guardian for any Entrant who is a minor in his/her state of residence "minor") attests that he/she has made all those depicted in the Entry (or parent/legal guardian for any person depicted who is a minor) aware that he/she is submitting an Entry containing them in this Contest, and all depicted (or parent/legal guardian for any person depicted who is a minor) have agreed that Entrant may submit such Entry. Further, the Entrants who are determined as the Grand Prize winners may need to obtain a Release from those depicted in their Entry, if applicable (or the parent/legal guardian of any minors depicted) prior to being confirmed as an official winner. All Entries must be received by 11:59 p.m. ET on December 22, 2015, to be eligible. By entering, you (or your parent/legal guardian if you are a minor) understand that your Entry, in its entirety or any portion thereof, (in Sponsor's sole discretion) may be used in Sponsor-selected media in perpetuity without compensation unless required by law. Normal Internet access and usage charges imposed by Entrants' online service will apply and are Entrants' sole responsibility. Data charges may apply if entering via your mobile device. Entries become the property of Sponsor and will not be returned. Sponsor is not responsible for lost, late, misdirected, corrupted, incomplete or damaged Entries. Proof of submission is not proof of receipt by Sponsor.
Contest Entry Requirements: In the event the Sponsor, in its sole discretion, determines that any Entry contains content that does not comply with these Official Rules, is inappropriate, or does not otherwise comply with regulatory guidelines, Sponsor reserves the right to disqualify the Entry, remove the Entry or, if Sponsor determines, edit the content of the Entry. All Entries must comply with these Official Rules and the registration instructions in order to be eligible. All Entries must be the sole, original work of the Entrant. Entrants may not copy or otherwise plagiarize any portion of the Entry from any other source. Entries may not have been published previously or have been submitted in any other competition. The Entrant (or the parent/legal guardian for any minor Entrant) must own all rights in and to the Entry (if someone else took the photo, photo must be owned by Entrant). Entries must be in keeping with Sponsor's image, or desired image, or they will be disqualified. The Entry may not contain obscene, profane, lewd, defamatory or inappropriate images/text; and may not include nudity, acts of violence, acts that appear to cause injury or harm, or acts that are illegal or dangerous, as determined in Sponsor's sole discretion. Entries may not contain any third party materials, and may not contain any materials that, violate or infringe (or may be at risk of infringing) any third party rights, including without limitation copyright, trademark rights, privacy rights (including portrayal in a false light), publicity rights, or other intellectual property rights. Entries should not contain logos (other than Ruby Tuesday), marks that identify a brand, or other personal or proprietary materials of any entity or person living or deceased. Therefore, be careful not to show any logos on clothing or in the background of your Photo/Entry. Sponsor has the sole discretion to determine whether an Entry is eligible. Any Entry that violates this section or is otherwise objectionable (as determined solely by Sponsor), will not be considered and will be disqualified. Automated, script, macro or robotic Entries will be disqualified. By submitting an Entry, Entrant hereby grants the Sponsor and its agencies the irrevocable, perpetual, worldwide rights to use, reproduce, publish, edit, market, store, adapt, assign, sell, dispose of, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Entry or excerpts of the Entry (as such may be edited and modified by the Sponsor in its discretion) in perpetuity, for editorial, commercial, promotional and all other purposes (including posting on Sponsor-affiliated applications, galleries and/or other Sponsor-selected media).
Determination of the Grand Prize Winners: Each Entry will be judged by representatives of the Sponsor, based on the following criteria:
40% - Enthusiasm
30% - Relevance to Theme
30% - Photo Quality
The two Entries that receive the highest scores will be deemed the Grand Prize winners, subject to verification. In the event of a tie, tied Entries will be re-judged based 100-percent (100%) on Enthusiasm. Decisions of the judges and Sponsor are final with respect to all matters relating to the Contest. By participating, Entrants (and the parent/legal guardian for any minor Entrant) agree to the decisions of the Sponsor, which shall be final and binding in all respects. Under no circumstance will information regarding judging be shared with Entrants.
Prizes and Approximate Retail Value: Grand Prizes (2): A 3-day/2-night trip for two (2) to Orlando, FL from January 6, 2016-January 8, 2016 to attend dinner at a select Ruby Tuesday restaurant with Lele Pons (subject to availability). Trip includes round trip coach class air transportation from major airport nearest winner's residence to Orlando, FL, hotel accommodations for two nights (based on double occupancy), car rental for the length of the trip and dinner on January 7, 2016 at a Sponsor-specified location (Approximate Retail Value: $3,000 each). Sponsor reserves the right to substitute prize of equal or greater value in the event of prize unavailability. In the event Lele Pons cannot attend the dinner as planned or has to cancel for reasons out of Sponsor's control, that portion of the prize will be forfeited and no additional compensation will be provided. Airline carrier's regulations and conditions apply. Trips may not be combined with any other offer and travel may not qualify for frequent flyer miles. Winners and respective travel companion must travel together on the same itinerary. Travel companions of Grand Prize winners must be 18 years of age or older at time of travel or Grand Prize winner must be the parent/legal guardian of the travel companion. If a winner is a minor, his/her travel companion must be his/her parent or legal guardian. The travel companions of the Grand Prize winners (or Grand Prize winners on behalf of travel companion if travel companion is a minor) will be required to execute a Release of Liability and Publicity Release prior to travel. Grand Prize winners and travel companions must possess valid travel documents (i.e., valid government-issued photo ID) in order to travel. All travel must be completed between January 6, 2016 – January 8, 2016. Dates of departure and return are subject to change. Accommodations are subject to availability. Certain restrictions may apply. Seat selection and timing of trip subject to availability and confirmation of reservations. Car rental is subject to additional restrictions set forth by car rental contract. If any winner or their travel companion does not meet rental car requirements, that portion of the prize will not be awarded and no additional compensation will be provided. Rental cars must be returned with a full tank of gas. No refunds or credit for changes are allowed. All other expenses and costs, not expressly listed above, including, but not limited to, taxes, tips, insurance, entertainment, transfers, and any additional transportation are the winner's sole responsibility. In the event that a Grand Prize winner or travel companion engages in behavior that (as determined by Sponsor in Sponsor's sole discretion) is inappropriate or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to remove the Grand Prize winner or his/her travel companion from any portions of the prize and/or terminate the trip early, in whole or in part, and send the Grand Prize winner and travel companion home with no further compensation to the Grand Prize winner. All federal, state, local and municipal taxes are the sole responsibility of the Grand Prize winner or their parent/legal guardian. There is a limit of one prize per person.
Winner Notification: If Grand Prize winner is a minor, the Grand Prize will be awarded to the winner's parent/legal guardian who must accompany winner on trip. Potential Grand Prize winner (or his/her parent/legal guardian if any winner is a minor), will be notified by direct message on Twitter or Instagram (depending on which platform the winning Entry was made on) and confirmed by email. If winner cannot be reached by direct message on Twitter or Instagram and provide his/her email address within 24 hours of first notification attempt, an alternate winner may be determined. Potential Grand Prize winners (or parent/legal guardian) will then be required to sign and return, via email, an Affidavit of Eligibility, liability/publicity release (where legal) and an assignment of rights within 24 hours of notification attempt or the prize will be forfeited and an alternate Grand Prize winner may be determined, time permitting. Affidavit packages will be sent via email. Return of any prize notification may result in disqualification and an alternate may be determined, time permitting. If a potential Grand Prize winner is found to be ineligible or if a potential winner does not comply with the Official Rules, then that potential winner may also be disqualified and Sponsor may determine the Entrant whose Entry received the next highest score as the Grand Prize winner, time permitting.
General Rules: By participating in the Contest, Entrants (or parent/legal guardian for any minor Entrants) agree to be bound by these Official Rules and the decisions of the Sponsor. The Sponsor, their respective parent companies, subsidiaries and affiliates, and each of their respective agents officers, directors, employees and assigns (together with Twitter and Instagram, "Releasees") are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Contest or by any human error which may occur in the processing of the Entries in the Contest or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Contest. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the Entry process or the operation of the Contest; violates these Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then the Sponsor reserves the right at its sole discretion to cancel the Contest and determine the Grand Prize winners from among the Entries received prior to cancellation.
Release: You (and your parent/legal guardian if you are a minor) represent and warrant that: (i) all rights to the Entry belong to and are original to you, or you have written consent to use, and the Entry does not and shall not infringe on any copyright or any other third party right nor violate any applicable law or regulation, (ii) you have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary copyright and other related rights to the Entry, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity, (iii) you hereby hold the Sponsor and Releasees harmless from and against any third party claim arising from use of the Entry and you waive any right to inspect or approve uses of the Entry or to be compensated for any such uses. Participating in the Contest and/or winning a prize constitutes permission to the Sponsor and its agencies to use Entrants' and winners' names, biographical information, pictures/portraits, likenesses, voices and/or Entries, for purposes of advertising and trade without further compensation, unless prohibited by law. By participating in the Contest, the Entrant (and parent/legal guardian for any minor Entrant) agrees that Sponsor and Releasees will have no liability whatsoever for, and will be held harmless by Entrant for any liability for any bodily injury, loss or damages of any kind to persons, including death, and property, due in whole or in part, directly or indirectly, from Entry creation, the acceptance, possession, use or misuse of the prize, if applicable or participation in the Contest or participation in any Contest related activity. You (and your parent/legal guardian if you are a minor) hereby represent and warrant that you have read these Official Rules and are fully familiar with its contents.
Disputes: Entrants/winners (or parent/legal guardian for any minor Entrants/winners) agree that: (a) 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 solely and exclusively in a federal or state court located in the state of Tennessee; Entrants/Winners (or parent/legal guardian for any minor Entrants/winners) submit to sole and exclusive personal jurisdiction to said courts in the state of Tennessee for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) 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 (c) under no circumstances will Entrants/Winners (or parent/legal guardian for any minor Entrants/winners) be permitted to obtain awards for and Entrants/winners (or parent/legal guardian for any minor Entrants/winners) hereby waive 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 LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrants/winners or the Contest Entities in connection with this Contest shall be governed by, and construed in accordance with, the laws of the state of Tennessee, without giving effect to any choice of law or conflict of law rules of provisions (whether of the state of Tennessee, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of Tennessee.
Winners' List: For the first name, last initial, city and state of the Grand Prize winners, available after January 6, 2016 for a period of at least 30 days, send a self-addressed stamped envelope, to: Colossal Burger Challenge winners, 100 Marcus Drive (Dept. AS), Melville, NY 11747.
Sponsor: The Sponsor of this Contest is Ruby Tuesday, Inc., 150 W Church Ave Maryville, TN 37801.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Twitter or Instagram. You understand that you are providing your information to Ruby Tuesday, Inc. and not to Twitter or Instagram. The information you provide will only be used to contact you in the event you are determined as a Grand Prize winner.