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Hooters Mother’s Day Sweepstakes

Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN.  PURCHASE DOES NOT IMPROVE CHANCES OF WINNING.  THE FOLLOWING SWEEPSTAKES IS VALID UNITED STATES AND DISTRICT OF COLUMBIA (“D.C.”) ONLY, AND IS OPEN ONLY TO QUALIFIED PERSONS (AS DESCRIBED IN THE RULES BELOW).  VOID ELSEWHERE AND WHEREVER PROHIBITED.  BY PARTICIPATING IN THIS SWEEPSTAKES, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF SPONSOR.  DO NOT PARTICIPATE IN THE SWEEPSTAKES IF YOU DO NOT AGREE TO THESE OFFICIAL RULES AND FALL WITHIN THE ELIGIBILITY REQUIREMENTS AS SET FORTH BELOW. 

Sweepstakes Name:  Hooters Mother’s Day Sweepstakes (the “Sweepstakes”).

Odds:  Odds of being selected as a prize winner are dependent upon the total number of eligible entries received. 

Sweepstakes Dates: Sweepstakes registration begins at 9:00:00 am Eastern Time (“ET”) on May 8, 2019 and ends at 11:59:59 pm ET on May 12, 2019 (the “Registration Period”).  The Sponsor’s computer system shall be the official timekeeper.  Sweepstakes is subject to all applicable federal, state and local laws and regulations.  Void outside the U.S. and wherever prohibited or restricted by law.

Who may Enter:  Sweepstakes is open only to legal residents of, and physically located within the United States (including D.C.) who are age 21 or older as of date of entry, and have a valid U.S. driver’s license or government issued ID, except the following persons who are not eligible to enter, participate or win:

  • Employees, officers, managers, and directors of Hooters Restaurants, Hooters of America, LLC (collectively “Sponsors”), and its franchisees, parents, affiliated companies, subsidiaries, distributors, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the design or execution of this promotion (collectively, “Hooters’ Released Parties”), and the members of the immediate families or households, whether or not related, of any of the above. “Immediate family members” includes, for purposes of this promotion, parents (including in-laws), grandparents, siblings (including step-siblings), children (including step-children), grand children (including step grandchildren) and each of their respective spouses, regardless of where they reside.

How to Enter:  There are two (2) ways to enter the Sweepstakes: (a) online entry or (b) Instagram photo post. There is a limit of one (1) entry per person per day in the Sweepstakes regardless of method of entry. For purposes of these Official Rules, a “day” is defined as a as starting on 12:00:01 pm ET and ending at 11:59:59 pm ET.

  1. Online Entry:  Send an email to social@hooters.com with the subject line “Mother’s Day Sweepstakes” and include in the body of the email your name, complete address (including city, state and zip), phone number (including area code), date of birth and your favorite participating Hooters location.  All entries must be fully completed and submitted by 11:59:59 pm ET on May 12, 2019 to be eligible.
  1. Instagram Photo Post:  Take a photo (“Photo”) of you and your mother while at any participating Hooters Restaurant location (Note: residents of MI and OH are not required to visit a participating Hooters Restaurant location) and include in the Photo an image of yourself and your mother, your Hooters Girl server, and/or your food & beverage, or a Mother’s Day oriented photo for residents of MI or OH.  Access the Instagram application on your compatible mobile device.  During the Registration Period, post the Photo through your own public Instagram account with the hashtag #HootersTV #SweepsNOTE:  To enter the Sweepstakes in this method, you must be an active holder of a non-private Instagram account (holders of private account settings may not enter in this method).  If you do not have the Instagram application, you may download it through the application store on your mobile device. The Instagram application is free, and Instagram’s Terms of Use apply. For details, visit http://instagram.com/legal/terms/. Submitted Photos will appear on Instagram under the hashtag #HootersTV #Sweeps. If you enter using a mobile device on a wireless service provider’s network (as opposed to a Wi-Fi network), your carrier’s text and data rates will apply. You should consult your wireless service provider’s pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. All Instagram Photo submission entries must be posted by 11:59:59 pm ET on May 12, 2019 to be eligible. 

Maximum of one entry per person per day, regardless of method of entry.  Each Photo submission entry requires a unique Photo that has not previously been entered in the Sweepstakes.  Each participant must submit an entry on his/her own behalf.  Any entry submitted on behalf of another individual or using another person’s name, email address or photo, or providing any false email addresses or information, will be disqualified and ineligible to claim any prize.  Any attempt by any participant to obtain more than the stated number of entries allowed by using same, multiple/different emails, identities, or any other methods void that participant's entries and that participant may be disqualified. No mechanically produced or automated entries permitted.  Use of any automated system to participate is prohibited and will result in disqualification and all such entries will be deemed void.  False and/or deceptive entries or acts, including misrepresentation of age, shall render such entries ineligible. 

All entries become the sole property of Sponsor and will not be acknowledged or returned.  Each entrant agrees that any submitted Photo entry may be viewed by the public.  Sponsor reserves the right to disqualify and remove any Photo entry at any time that is not in compliance with these Official Rules.  All Photo entries must conform to the Photo Submission Requirements as outlined above and below, or it may be disqualified and not considered for the Sweepstakes.  Entrants will not receive notification if their submitted Photo is disqualified. 

Any other individuals included in a Photo entry, must provide entrant with express consent and permission for their images to be included and submitted in the Sweepstakes, and such entrant is solely responsible for obtaining all authorizations or approvals.  The individual who submitted the Photo entry shall be designated as the official entrant competing in the Sweepstakes, regardless of any other individuals included in the Photo entry, and shall be the only individual eligible for any resulting prize award (see below).  Any Photo entry completed and submitted on behalf of another individual or using another person’s name or Instagram account, or use of any unauthorized Photo submissions, will be disqualified. 

By participating and submitting an entry, entrant agrees that Sponsor and participating parties are authorized to contact entrant via email, mail, phone or any other form of media to make entrant aware of information pertinent to the Sweepstakes, and to distribute information regarding the Sponsor(s) featured products, discounts, special events or promotional offers.  Entrants may opt-out of any further email communication at any time by simply replying REMOVE to any email message, or following the provided opt-out instructions.  Any available opt-in opportunities are not required to enter the Sweepstakes, and checking the opt-in boxes will not improve your chances of winning. By opting in, participants agree to join the Hooters Email Club.  Entrants may opt out of Hooters Email Club membership at any time by replying UNSUBSCRIBE to any email message, or following provided opt-out instructions.  All information submitted to Sponsor as part of this Sweepstakes will be treated in accordance with Sponsor’s privacy statement, available at http://epicprize.hooters.com.  Entrants must fully complete and submit all non-optional data requested on the online entry form to be eligible.  Entrants have the right to withdraw and correct their personal data, but entrants are not allowed to re-submit their entries.  Directions on procedures for submitting corrections to personal data are provided in the privacy policy of Sponsor.

All entries must include all required information.  Any online entry or Photo submission with incorrect, incomplete or illegible information, an invalid email address or other inaccurate information will be disqualified.  In the event of a dispute as to any entry, registration or submission, the authorized account holder of the email address or Instagram account used to register or submit the Photo, and associated with the entry will be deemed to be the registrant and s/he must be eligible according to these Official Rules. 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 or the assigned Instagram account holder of the account name used to post the photo.  Proof of being the authorized account holder may be required.

General Photo Submission Requirements:

  • Each Photo must be submitted in a file format accepted by Instagram;
  • Each Photo must be the Entrant’s own original creation, that has not been previously submitted in any contest, sweepstakes, or competition;
  • For each Photo, include an image of yourself and your mother and Hooters Girls server or your food and beverage, or other Mother’s Day oriented photo for residents of MI or OH; and
  • Any Photo that is not properly submitted or received for any reason, including any technical difficulties, upload failures; failures to save or properly store the Photo; busy signals, efforts of hackers; or any lost or disconnected internet connections, will be disqualified.

Additional Photo Submission Requirements:  Sponsor reserves the right in its sole discretion, to disqualify any Photo submission for any reason that it considers to not be appropriate for the Sweepstakes.  Photo restrictions include, but are not limited to, the following requirements: 

  • not be, or ever have been, submitted in any competition, sweepstakes or contest of any kind;
  • no images of any individuals under 21 years of age, or who appear to be under the age of 21;
  • not use any name, likeness, photograph, or any other identifying element, in whole or in part, of any person, living or dead, without permission;
  • not be subject to any third party agreement or require payment or incurrence of any sums to obtain further permissions of any person or entity as a result of its use or exploitation of the idea or rights therein or portions, or modified versions or derivative works thereof;
  • except as relates to the Sponsor’s brand, not include trademarks, logos, or copyrighted material not owned by entrant or material that is used without permission (including but not limited to company names, photographs, works of art, or images published on any media) or that otherwise infringes or violates the rights of any third party (including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights (i.e., “droit morale”), or any other intellectual property rights);
  • not feature, refer to, or mention any companies or brands in competition with Sponsor;
  • not include any unauthorized photos or plagiarism of any kind;
  • not be considered harmful to minors in any way;
  • not contain nudity, inappropriate, indecent, sexually explicit, pornographic, or obscene content or images (which shall be determined by Sponsor, in its sole and absolute discretion);
  • not contain any political or politically themed or motivated messages, statements, or images;
  • not defame, slander, libel, misrepresent, or contain disparaging remarks or any other content that could adversely affect the name, reputation, or goodwill of Sponsor or any other individuals and/or entities affiliated or associated with Sponsor, the Sweepstakes, or any prizes, the determination of which shall remain in the sole discretion of Sponsor;
  • not depict or include images that may be considered unlawful, harmful, threatening, violent, abusive, harassing, tortuous, defamatory, vulgar, libelous, invasive of another’s privacy, hateful, or racially, religiously, ethnically or otherwise objectionable in any manner as solely determined by Sponsor;
  • not communicate messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate;
  • not contain any personal identification, such as license plate numbers, e-mail addresses or street address;
  • to the extent submitted through Instagram, adhere to the Instagram terms of use as set forth on the Instagram website at: http://instagram.com/about/legal/terms/;
  • if any Photo entry appears to duplicate any other Photo entries or if multiples of the same Photo are submitted, only one Photo will be considered and all others will not be eligible or accepted.

Representation and Release of Rights to Photo Submissions:  By submitting any Photo, each entrant represents that s/he has sole and exclusive ownership and proprietary rights of all Photo images submitted; has full permission of all parties featured within the Photo to publish and release their images and actions shown within the Photo; and agrees that each Photo becomes the sole and exclusive property of Sponsor, and Sponsor may publish, display, promote, or utilize Photo in any manner of its choosing in relation to the promotion or advertising of the Sweepstakes or Sponsor.  Online entry into the Sweepstakes and/or entry of any Photo, constitutes permission for the Sponsor and its designees to use that entrant’s Photo, name, city and state of residence and/or likeness for purposes of advertising and trade in any and all media now or hereafter known worldwide in perpetuity without limitation or further compensation, notification or permission, unless prohibited by law.  Photo submissions will not be acknowledged or returned by Sponsor.

Sponsor reserves the right to request from any entrant at any time proof, in a form acceptable to Sponsor, of any permission required or possibly required to use such entrant’s Photo entry.  Failure to provide such proof, if requested, may disqualify such Photo entry from the Sweepstakes. 

Sponsor reserves the right, in its sole discretion, to disqualify any individual (and all of his or her entries) who tampers or attempts to tamper with or abuse the entry process or the Sweepstakes website in any way or who is otherwise in violation of these Official Rules, as determined by Sponsor or the Sweepstakes judges appointed by Sponsor in their sole discretion.  Any questions regarding the number of entries submitted or the authorized account holder shall be determined by Sponsor in its sole discretion. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY SWEEPSTAKES WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

 

Winner Selection and Notification:  On or about 5:00:00 pm ET on May 13, 2019, a random drawing will be held from among all eligible entries received from all entry methods combined during the Registration Period to select a total of one (1) potential prize winner (see prize descriptions below). 

Any potential prize winner entrant shall be notified by phone, email, or message posting to such entrant’s Instagram account used to submit their entry.  If the Sponsor is unsuccessful in its attempt to reach and speak directly with a potential prize winner in person within 48-hours of the initial notification attempt, then that entrant may be disqualified and an alternate potential prize winner may be randomly selected from among the remaining eligible entries and notified as per the procedures outlined above (time permitting).  There will be three (3) alternate drawings after which the associated prize will remain unawarded.  Note: phone messages will not be left during the winner notification process.

During the prize winner notification, the selected potential prize winner must confirm their eligibility, and indicate their willingness and ability to accept the prize.  The potential prize winner will then receive official notification via mail or email delivery.  If any selected winner does not meet the eligibility requirements, is unable or unwilling to accept the prize, fails to timely return the required winner documentation, or elects to decline the prize, s/he will be disqualified and, at Sponsor’s discretion and time permitting, an alternate winner will be randomly selected from among all remaining eligible entries and notified as per the procedures outlined above.  Any disqualified entrant will not receive any alternate prize substitution or compensation.  Decisions of the Sponsor in the selection and determination of the prize winners and all matters relating to this Sweepstakes are final and binding. 

Winner will be responsible for paying all applicable taxes (including, but not limited to all local, state and federal taxes) on all prizes awarded.  Failure to collect or properly claim any prize in accordance with these Rules will result in forfeiture of the prize.  If forfeited for any reason, finalist will not receive any other prize substitution or compensation, and the prize will remain the property of Sponsor and will not be awarded, except as provided herein. 

Grand Prize:  The grand prize consists of two (2) twenty-five dollar ($25.00) Hooters gift cards.  Grand prize has an approximate retail value of $100.00 (each Hooters gift card is $50.00).  While not obligated to do so, the prize winner hereby acknowledges that it is Sponsor’s intention for the prize winner to give one of the gift cards to his/her mother that such prize winner included in the Photo posted by such prize winner to complete the Sweepstakes entry. All other costs and expenses related to prize acceptance, redemption and use not specified herein as being provided are the sole responsibility of winner.  All income, federal, state and local taxes are the winner’s sole responsibility.  All prize awards are non-transferable and no cash redemption or prize substitution allowed, except at Sponsor’s sole discretion or as provided herein.  Sponsor reserves the right to substitute a prize with one of comparable or greater value, at its sole discretion.  Failure to collect or properly claim prize in accordance with these rules will result in forfeiture of the prize.  All properly claimed prizes will be awarded.  Any unclaimed prizes will not be awarded. 

Additional Rules & Restrictions:  In the event an entrant wins a prize, and is later found to be in violation of these Official Rules he/she will be required to forfeit the prize or to reimburse Sponsor for the stated value of the prize if such violation is discovered after winner has used the prize. Participation in Sweepstakes constitutes permission for the Sponsor and its designees to use entrants’ names, cities and states of residence and/or likenesses for purposes of advertising and trade in any and all media now or hereafter known worldwide on perpetuity without limitation or further compensation, notification or permission, unless prohibited by law.

By participating in the Sweepstakes, entrants agree to hold all Released Parties, and Instagram (collectively, the “Released Parties”) harmless from any claims, losses, actions, or damages of any kind, whether actual, incidental or consequential, for injury (including but not limited to death), damages, losses or expenses arising out of or relating to entrant’s participation in this Sweepstakes, or the acceptance, possession or use/misuse of any prize, or participation in prize-related activities (including but not limited to travel or activity related thereto), and any claims based on publicity rights, copyright/trademark infringement, intellectual property rights, defamation or invasion of privacy and merchandise delivery, and to assume all liability therefor.    

Released Parties shall not be liable to winner or any other person for failure to supply the prize or any part thereof by reason of any acts of God, any actions, regulations, orders, or requests by any governmental entity, equipment failure, terrorist acts, war, fire, unusually severe weather, embargo, labor dispute or strike, labor or material shortage, transportation interruption of any kind, or any other cause beyond Released Parties’ sole control. 

Entrants are restricted to use of ordinary and typical computer equipment, mobile phone equipment, Internet access and cellular networks. Sponsor disclaims all liability for the inability of an entrant to complete or continue an entry due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the Sponsor’s control, or otherwise. The Sponsor disclaims any liability for entries not received due to technical difficulties or transmission errors. The Sponsor disclaims all liability for any delays, mis-delivery, loss, or failure in the delivery of any entry, prize, or item sent by mail, courier, express, electronic transmission, or other delivery method.  Released Parties are not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Sweepstakes, and any injury or damage to entrant’s or any other person’s computer or mobile phone related to or resulting from participating in or downloading any information necessary to participate in the Sweepstakes.  Released Parties are not responsible for any other errors of any kind, whether computer, technical, typographical, printing, human or otherwise, relating to or in connection with the Sweepstakes, including, without limitations, errors which may occur in connection with the printing or advertising of this Sweepstakes, administration or execution of the Sweepstakes, the cancellation of the game, the processing of entries or in the announcement of the prizes or prize winners.  Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the Sweepstakes website. In the event that entrant breaches any of his/her representations, warranties or undertakings contained herein, Released Parties shall be entitled to and may seek indemnification from entrant for recovery of all legal fees, damages, costs, claims and other expenses that may be incurred by Released Parties as a result of the aforementioned breach.

IN CASE OF DISPUTES:  Unless otherwise prohibited by law, as a condition to participating in the Sweepstakes the prize awarded by this Sweepstakes, each entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and will be determined by final and binding individual dispute resolution under the applicable rules of the American Arbitration Association; (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, and in no event will entrant be entitled to received attorneys' fees or other legal costs; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with this Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Georgia or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of Georgia.

Official Rules & Winners List:  For a copy of these Official Rules, or the name of prize winners, send a self-addressed stamped envelope to be received by 11/14/2019 to: Hooters Mother’s Day Sweepstakes, 1815 The Exchange, Atlanta, GA 30339.  PLEASE SPECIFY which you are requesting, official rules or winners list.

Sponsor:  Hooters of America, LLC, 1815 The Exchange, Atlanta, GA 30339. 

This Sweepstakes is not affiliated with or sponsored, sanctioned, or endorsed by or in any way in association with Instagram.  Instagram has no liability or responsibility for any claim arising in connection with this Sweepstakes or any prize(s) awarded in connection therewith. Any questions, comments, or complaints regarding the Sweepstakes must be directed to Sponsor, and not to Instagram. You are providing your information to Sponsor and not to Instagram.