Dave & Buster’s UFC Sweepstakes
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF
ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Dave & Buster’s UFC Sweepstakes
(the “Sweepstakes”) is open only to legal residents of the fifty (50) United
States and the District of Columbia who are at least eighteen (18) years old at
the time of entry. Employees of Dave & Busters, Inc., (“Sponsor”),
Merkle Inc., (“Administrator”), Zuffa, LLC and
their parent and affiliate companies as well as the immediate family (spouse,
parents, siblings, and children) and household members of each such employee
are not eligible. The Sweepstakes is subject to all applicable federal, state,
and local laws and regulations and is void where prohibited. Participation
constitutes entrant’s full and unconditional agreement to these Official Rules
and Sponsor’s and Administrator’s decisions, which are final and binding in all
matters related to the Sweepstakes. Winning the prize is contingent upon
fulfilling all requirements set forth herein.
4. How to Enter:
Participation Requirements: To participate, you will need to have a
personal and public account on X or Instagram (each a “Social Account”).
Creating each Social Account is free but subject to the applicable terms and
conditions (http://twitter.com/tos), or (http://instagram.com/about/legal/terms/#)).If
entering via a mobile device and using your wireless carrier’s network,
standard data charges from your wireless carrier may apply.
(d) Your Post
must not violate any of the Content Restrictions listed below;
(e) Your
account settings must be public when you post and remain public until the
prizes are awarded (as described in Section 6); and
(f) You must
not change your Instagram/X handle once you post to enter this Sweepstakes and
until the prizes are awarded (as described in Section 6).
You
will automatically receive one (1) entry into the Sweepstakes drawing
associated with the Tweet you have Retweeted. Sponsor may disqualify your
Retweet if it determines that it finds it to be unlawful, or in violation of
these Official Rules.
Content Restrictions for your Entry:
·
Your
Post must not convey any claims of Sponsor’s products or services that would be
deemed unsubstantiated or deceptive if made by Sponsor;
·
Your
Post must not disparage Sponsor or any other parties;
·
Your
Post must not make references to or include: alcohol,
illegal drugs, marijuana, tobacco, or firearms/weapons, any activities that are
or appear to be dangerous (other than the televised fight), or any political
agenda;
By creating a Post on Instagram or X that conforms to all of the above requirements, you will receive one (1) Sweepstakes entry. Sponsor, in its sole discretion, may disqualify any Post that it finds unlawful, or in violation of these Official Rules.
Entry Limit: You may enter one (1) time on each Social Channel during the Promotion Period. Multiple entrants are not permitted to share the same Instagram or X account. Any attempt by any entrant to obtain entries using multiple/different Instagram or X accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to the identity of an entrant, Sponsor and Administrator will rely on the information associated with entrant's social account used to enter the Sweepstakes. If additional information provided by entrant to claim the prize is inconsistent with the social account used to enter, Sponsor and/or Administrator may disqualify such entrant and such disqualification may result in the forfeiture of any prizes won. Sponsor, in its discretion, may request additional documentation from entrant to confirm entrant’s identity.
6. Grand Prize Drawing: Administrator is an independent organization whose
decisions as to the administration and operation of the Sweepstakes and the
selection of the potential winner are final and binding in all matters related
to the Sweepstakes. Administrator will randomly select the potential
Sweepstakes winner from all eligible entries received during the Promotion
Period, on or around October 28, 2024. The potential winner will be notified by
@DaveandBusters through the Social Channel used to enter
and will be directed
to a
secure online claim form and
asked to provide his/her name, email address, mailing address, and date
of birth to confirm eligibility and for prize fulfillment purposes within two
(2) days of the date notice or attempted notice is sent into order to claim the
prize. Next, the potential winner (or
parent/legal guardian if winner is a minor in his/her state of residence) will
be required to sign and return a Declaration of Compliance, Liability Waiver and,
where not prohibited, a Publicity Release ("Declaration") which must
be received by Administrator within two (2) days of the date notice or
attempted notice is sent, in order to claim the prize. If a potential winner
cannot be contacted, fails to sign and return the Declaration or provide any
other requested information within the required time period,
or the prize is returned as undeliverable, the potential winner forfeits the
prize. Receiving a prize is contingent upon compliance with these Official
Rules. In the event that the potential winner forfeits
the prize or is disqualified for any reason, Sponsor will award the prize to an
alternate winner by random drawing from among all remaining eligible entries.
Only one (1) alternate drawing, time permitting, will be held, after which the
prize will remain un-awarded
7. Prize: ONE (1) GRAND PRIZE: A trip for two (2) to New York, NY on
November 15 – November 17, 2024 to attend the UFC
Fight #309. Trip package includes round
trip, coach-class air transportation for two (2) from a major airport near
winner’s home to one of the three
airports that service New York, NY (both airports determined by Sponsor in its
sole discretion); two (2) nights' accommodations at a hotel determined by
Sponsor in its sole discretion (single room, double occupancy); a $350 spending
allowance, and two (2) tickets to the UFC 309 scheduled for November 16, 2024. Sponsor
will also provide winner a check for $3,450, which is intended to assist the
winner with any federal, state, or other tax obligations related to the Grand
Prize (the “Tax Gross-Up Payment”). Winner must travel on the dates determined
by Sponsor in its sole discretion or prize will be forfeited. Winners are
obligated to work with Sponsor’s travel agent to book trip immediately upon
winner confirmation or prize will be forfeited.
Travel and accommodations are subject to availability dates. Travel must
be round trip. Sponsor will determine airline and flight itinerary in its sole
discretion. No refund or compensation
will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions
set forth in this Sweepstakes, and those set forth by the Sponsor’s airline
carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly
stated in the package description above, including but not limited to, ground
transportation, meals, incidentals, gratuities, passenger tariffs or duties,
airline fees, surcharges, airport fees, service charges or facility charges,
personal charges at lodging, security fees, taxes or other expenses are the
responsibility solely of winner. Winner must have proper identification
and a valid credit card for hotel check-in and to cover incidental
expenditures. Unless child of winner, travel companion must
be eighteen (18) years of age or older as of the date of departure and must
travel on same itinerary and at the same time as the winner. If winner is a
minor in his/her state of residence, travel companion must be winner’s
parent/legal guardian. Travel companion must execute liability/publicity
releases prior to issuance of travel documents. Travel restrictions, conditions
and limitations may apply. By traveling and attending event,
winner and winner’s guests voluntarily assume all risks related to exposure to
COVID-19. Winner and travel companions are responsible for complying with
any COVID-19 requirements set forth by airline, hotels, event venues or other
vendors offering services that are part of the trip prize. Failure to comply
with any required COVID-19 requirements, may result in forfeiture of the prize
of elements of the prize. Forfeiture of any aspect of the trip due to failure
to meet these requirements will not impact the value of the trip as reported on an IRS Form 1099.
If in the judgment of Sponsor air travel is not required due to
winner’s proximity to prize location, ground transportation will be substituted
for round trip air travel at Sponsor’s sole discretion. Sponsor will not
replace any lost, mutilated, or stolen tickets, travel vouchers or
certificates. Sponsor is not responsible
if UFC 309 is delayed, postponed or cancelled for any reason, in which event
that portion of prize is forfeited in its entirety and no substitution will be
provided except as in Sponsor’s sole discretion. Approximate Retail Value (“ARV”): $11,500.
Actual value may vary based on airfare fluctuations and distance between
departure and destination. Winner will
not receive difference between actual and approximate retail value. Prize is non-transferable, and no substitution will be made
except as provided herein at the Sponsor’s sole discretion. Sponsor reserves
the right to substitute the prize (or a component thereof) 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. Winner will receive an IRS Form 1099 reporting the value of
the prize. The Grand Prize winner’s actual tax liabilities related to the Grand
Prize could exceed the Tax Gross-Up Payment. The Grand Prize winner is solely
responsible for all applicable federal, state, or other tax obligations related
to the Grand Prize. Sponsor will not provide any further assistance toward the
winner’s tax obligation. Odds of winning the prize depend on the number of
eligible entries received during the Promotion Period. Total ARV of all prizes: $$11,500.
8. Release: By entering this Sweepstakes, entrants
agree to release and hold harmless Sponsor, Zuffa,
LLC, Administrator, X Corp., Instagram, Inc., Meta Platforms, Inc., and their
respective subsidiaries, affiliates, suppliers, distributors,
advertising/promotion agencies, and prize suppliers, 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, third party claims involving the right
to privacy, right of publicity, or intellectual property infringement, arising
out of participation in the Sweepstakes or receipt or use or misuse of any prize.
9 Publicity:
Except where prohibited, participation in the Sweepstakes constitutes winner’s
consent to Sponsor’s and its agents’ use of winner’s name, prize information, likeness,
Submission, photograph (including, without limitation, winner's X or Instagram
profile photo), voice, opinions and/or hometown and state for promotional
purposes in any media, worldwide, without further payment or consideration.
10. General Conditions: Sponsor reserves the right to cancel,
suspend and/or modify the Sweepstakes, if any fraud, technical failures, human
error, or any other factor impairs the integrity or proper functioning of the
Sweepstakes, or any event or cause beyond Sponsor’s control (e.g. events such
as natural calamities, national emergencies, wide spread illnesses,
declarations of war, acts of God, acts of terrorism) interferes with any aspect
of the Sweepstakes, including but not limited to fulfillment of the prize(s),
as determined by Sponsor in its sole discretion. In such event, Sponsor, in its
sole discretion, may elect to hold a random drawing from among all eligible
entries received up to the date of discontinuance and may modify the prizes
offered herein. Sponsor 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 Sweepstakes or to be acting in violation of the Official
Rules of this or any other promotion or in an unsportsmanlike or disruptive
manner. Any attempt by any person to deliberately undermine the legitimate
operation of the Sweepstakes 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.
11. 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 Sweepstakes; (2) technical failures of any kind, including, but not limited
to malfunctions, interruptions, or disconnections in phone lines, social media
platforms, or network hardware or software; (3) unauthorized human intervention
in any part of the entry process or the Sweepstakes; (4) technical or human
error which may occur in the administration of the Sweepstakes or the
processing of entries; (5) late, lost, undeliverable, damaged or stolen mail;
(6) lost, late, unreceived, damaged, incomplete,
invalid, un-intelligible, garbled, delayed or misdirected Submissions or
failure to receive Submissions due to limitation of third-party social network
platforms or (7) 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 Sweepstakes 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, not received, or otherwise destroyed or corrupted, entrant’s
sole remedy is another entry in the Sweepstakes if it is possible. 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, Sponsor reserves the right to award only the stated
number of prizes by a random drawing among all legitimate, un-awarded, eligible
prize claims.
12. Disputes: Except where prohibited, entrant agrees
that: (1) any and all disputes, claims and causes of action arising out of or
connected with this Sweepstakes 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 Eastern District of Michigan or the appropriate Michigan State Court
located in Oakland County, Michigan; (2) any and all claims, judgments and
awards shall be limited to actual out-of-pocket costs incurred, including costs
associated with entering this Sweepstakes, 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 Sponsor in connection with the Sweepstakes, shall be governed by,
and construed in accordance with, the laws of the State of Michigan without
giving effect to any choice of law or conflict of law rules (whether of the
State of Michigan or any other jurisdiction), which would cause the application
of the laws of any jurisdiction other than the State of Michigan.
13. Entrant's Personal
Information:
Information collected from entrants is subject Sponsor’s Privacy Policy: https://www.daveandbusters.com/us/en/terms-of-use/privacy-policy.
14. Winner List: For a winner list, please click HERE. The winner
list will be posted after winner confirmation is complete.
© 2024 Merkle Inc. All rights reserved.
This promotion is in no
way sponsored, endorsed or administered by, or associated with, X Corp. or Instagram,
Inc./Meta Platforms, Inc.
