Scope of Our Policy
Boston Pizza Restaurants, LP is very sensitive to the privacy concerns of our guests. We believe that privacy of personal information is a serious matter and we strive to manage any information we college from you or you may share with us in a careful and sensible manner. This policy describes:
- How and why we collect your personal information.
- How your information is used and shared.
- How you can control the use of your information.
By visiting any of our Websites, you accept our practices as set forth in this notice. We encourage you to carefully read our policy to understand how we manage this information. Laws and practices governing the handling of this information are constantly changing. As a result, we may and do update this policy from time to time, so you are urged to periodically read our policy to take note of any changes.
Information We Collect
The information we collect helps us provide you with the opportunity for a great guest experience at one of our restaurants or on our Websites. Generally, no personal information is automatically collected from visitors to our Websites who do not elect to provide the information, through one of the activities listed in the next paragraph. However, certain non-personal information, including IP addresses, is recorded by the standard operation of Boston Pizza Restaurants, LP servers. We may also automatically collect information about your use of our services, including the type of operating system in use (e.g., MacIntosh, Windows), the type of browser you use (e.g., Internet Explorer, Firefox, Safari and Chrome), access times, pages viewed, and the page you visited before navigating to our services.
We also may collect personal information you provide directly to us that can be used to uniquely identify or contact you. The types of information we may collect include name, postal address, email address, zip code, phone number, credit card number, birthday (month and day only), legal age, and dining preferences. We collect information when you engage in any one of the following voluntary activities: online email club submissions, in-restaurant table top media devices, in-restaurant surveys, research surveys, to-go orders, online gift card purchases, guest relations communications, online location services or other voluntary activities.
Use and Sharing of Information
Our primary goal in collecting any of this information is to provide an enhanced online and in-restaurant experience for our guests by understanding preferences, communicating promotions and upcoming events, and providing the best possible guest experience at our restaurants. Other uses of this information include internal review of the number of visitors to our Websites but only in an aggregate and non-personally-identifiable form.
A cookie is a piece of data that is stored on a visitor’s hard drive while they are visiting this web site. Usage of a cookie is in no way linked to any personally identifiable information. At Boston Pizza Restaurants, LP, a short-lived cookie, often referred to as a session cookie, is used to identify one unique visitor from another during the time that visitor is actively linked to our server. This enables the visitor to input their information once and have the information appear later during the enrollment process. For instance, by using a session cookie on our Websites, you would not have to enter a password more than once, thereby saving time while on our Websites. No personally identifiable information is stored on the cookie. The cookie expires and is deleted from the visitor’s computer as soon as they close their browser.
- Third Party Ads
Generally, we will not share email addresses or personal demographic information with any of our partners.
We do use outside third parties to provide services to Boston Pizza Restaurants, LP, such as marketing, shipping, and credit card processing companies for goods and services. These companies do not retain, share, store, or use personally identifiable information for any purposes except to provide services to Boston Pizza Restaurants, LP. We also partner with some other companies to provide specific services, such as newsletter or email fulfillment and personalization. When you register for these services, we will share names, or other contact information that is necessary for the third party to provide these services on our behalf. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.
To the extent that any of the sites accessible through Boston Pizza Restaurants, LP Websites have different practices, these practices will be explained at that site.
From time to time our Websites request information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include personal information such as contact information (such as name and email address) and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of our Websites.
Control of Information
If your personally identifiable information changes (such as your zip code), or if you no longer desire our service, we will endeavor to provide a way to correct, update or remove your personal data provided to us. This can usually be done by contacting us using the contact information below.
If you receive a marketing email from us, we do provide in each email the option to unsubscribe from future emails. At any time, if you wish to no longer receive correspondence via email, please contact us via the address listed on our Site under the “Contact” link.
The content of our site is not directed to children under the age of 13 and Boston Pizza Restaurants, LP does not knowingly collect personal information from any child under the age of 13 at our Site without parental consent. Please contact us via the contact address below if you believe we may have collected information from your child without permission from you and we will work to delete it.
Protect your gift card like cash. Lost or stolen gift cards will not be replaced.
No service fees are charged on gift cards.
Paytronix Systems, Inc., (“Paytronix”), provides the gift card and loyalty card programs for Boston Pizza Restaurants, LP’s restaurants. We process the transactions for those programs and collect information about the holder of the gift or loyalty card who is the consumer of these services.
Who we collect information about
We collect nonpublic personal information as an agent for our clients (typically restaurant chains or other retail establishments) as their gift and loyalty card provider. We collect information on the clients' customers who obtain or use gift and loyalty cards that we manage for our clients. We do not collect personally identifying information about people we know to be under 13 years of age.
Categories of information we collect
We collect nonpublic personal information about you from the following sources
- Information we receive from you when you register your card, on other forms, or when you contact us to service your account;
- Information about your transactions and accounts with us, our affiliates, our agents or others; and
- Information about your usage of our web site, www.bostons.com.
Categories of information we disclose
We do not disclose any nonpublic personal information about our customers, our former customers, customers of our clients, or former customers of our clients to anyone, except as permitted by law.
Process to opt out of communication
We occasionally send marketing communication to customers of our clients on behalf of those clients. If you prefer that we not communicate with you, you may opt out of those communications, that is, you may direct us not to make those communications (other than communications permitted by law). You may opt out of communications by logging in to our web site at the following link and changing your communication preferences: www.bostons.com/mybostons/editaccount.
We also send email messages to notify you of certain actions on your account, such as recharge from a credit card, or in response to actions you take on our web site. We will continue to send those messages even if you opt out of marketing communications.
How we safeguard your information
We restrict access to nonpublic personal information about you to employees of Paytronix and its agents or suppliers who need to know that information to provide products or services to you or to our client who owns your account. We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
Additional Terms for Corporate Customers
All sales of gift cards are final and cannot be returned.
No service fees are charged on gift cards.
Gift cards may not be resold for less than face value.
By ordering gift cards through this Site, each reseller hereby agrees and acknowledges to fully defend, indemnify and hold harmless Boston Pizza Restaurants, LP and its related subsidiaries and affiliates from any action, loss, damage or liability arising from, related to, or in connection with the sale of any gift card sold by reseller in any jurisdiction.
Loyalty Program Offers
Any MyBoston's Member who receives an offer understands the following restrictions:
Offers are valid for Dine-In Only. Expiration dates vary by offer*. You must identify yourself as a member within the restaurant to accrue points. Limit 1 offer per check. Please note, each 100 point accrual automatically loads $15 MyBoston’s Bucks onto your loyalty account which equates to one offer. Loyalty points are then reset to zero and the next 100 points accrued becomes a new $15 MyBoston’s Bucks single offer. As 1 offer is valid per check, you may only use one $15 MyBoston’s Bucks offer per check at select restaurants. No cash value. Excludes tax, gratuity, and alcohol.
*Offer Expiration Dates
Loyalty Points – never expire
Loyalty Dollars – expire after 60 days
Surprise Offers – expire after 75 days
Birthday, Anniversary, and Welcome Offers - expire after 14 days
If you need to contact us for any reason regarding these Terms and Privacy, you may do so by emailing us at email@example.com or by mailing us at the following address:
Boston Pizza Restaurants, LP
1505 LBJ Freeway, Suite 450
Dallas, TX 75234
Last Updated: 08/25/2014
MILLER LITE® #CoolDownPhase SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE or payment WILL NOT INCREASE AN ENTRANT’s CHANCES OF WINNING.
The Miller Lite® #CoolDownPhase Sweepstakes (“Sweepstakes”) is sponsored by MillerCoors LLC (“Sponsor”), 3939 W. Highland Blvd., Milwaukee, WI USA 53201, and is administered by Prize Logic, LLC (“Administrator”), 25200 Telegraph Road, Suite 405, Southfield, MI USA 48033.
- SWEEPSTAKES PERIOD: The Sweepstakes begins at or about 12:00 PM Eastern Time (“ET”) on June, 22 2015, and ends at 11:59:59 PM CT on August 16, 2015 (“Sweepstakes Period”). The Administrator’s computer is the Sweepstakes official clock.
- ELIGIBILITY: This Sweepstakes is offered only to legal residents of Arizona, Arkansas, California, Colorado, Florida, Illinois, Indiana, Maryland, Michigan, Minnesota, Montana, Ohio, Pennsylvania, South Dakota, Texas, Utah, and Washington who are at least twenty-one (21) years old at the time of entry. Employees, directors, officers, and agents of Sponsor, Administrator, and each of their respective parent companies, divisions, dealers, affiliates, subsidiaries, distributors, advertising and promotional agencies and suppliers involved in the Sweepstakes (“Sweepstakes Entities”), as well as the members of each of their immediate families (spouse, parents, children, siblings, and in-laws) and persons residing in the same household as such individuals are not eligible to enter or win. Employees, agents and officers of alcohol beverage retailers and distributors and their immediate family members and all other individuals/entities associated with this Sweepstakes are not eligible to enter or win. Void where prohibited or restricted by law.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Sweepstakes.
- HOW TO ENTER THE SWEEPSTAKES: During the Sweepstakes Period an eligible entrant must follow the steps below to receive one (1) entry into the Sweepstakes:
- Sign into his/her Twitter account (or create a Twitter account if he/she does not already have one);
- Become a follower of @MillerLite (if not already following @MillerLite);
- Compose a new Tweet including a photograph of the entrant with a Miller Lite product and/or the Miller Lite logo; and
- Include the hashtags “#ItsMillerTime” and “#CoolDownPhasePromo”.
For notification purposes, entrant must be a follower of @MillerLite on Twitter at the time of entry and remain a follower of @MillerLite on Twitter until at least forty-five (45) days after the Sweepstakes Period.
If an entrant Tweets via Short Message Service from his or her wireless phone, the entrant’s wireless-service provider may charge the entrant for each text message sent and received. Entrants should consult their wireless-service provider regarding its pricing plans. Message and data rates may apply for each text message sent and received.
Once an entry is submitted in the Sweepstakes it may be made available on Sponsor’s social media accounts or other websites for viewing by the general public and any such posting will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. All entries must be received during the Sweepstakes Period and must comply with these Official Rules, including, but not limited to the guidelines and restrictions set forth below.
Entry Guidelines and Restrictions: All entries must comply with the following restrictions:
- Entry must be an original work;
- Entry cannot have been published previously by any party other than the entrant;
- Entry must be suitable for publication (i.e., may not be obscene or indecent);
- Entry cannot contain trademarks, logos or trade dress owned by any third party, or advertise or promote any brand or product of any kind, other than Miller Lite;
- Entry cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images);
- Entry cannot include the name, likeness, photograph, or other indicia identifying any person, living or dead, without permission from that person;
- Entry cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
- Entry cannot promote illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- Entry cannot describe or depict any illegal activity or violation of any state or federal law;
- All entries must demonstrate an acknowledgement, understanding and/or a positive reinforcement of alcohol responsibility, as defined by the MillerCoors brand;
- All individuals in the photo must be twenty-one (21) years of age or older;
- Entries cannot contain the name/logo of any alcohol beverage retailer, including in the background;
- Entries must not include any personally identifiable information (full name, e-mail address, telephone number, etc.);
- Entries must not contain, facilitate, reference or use material that contains prohibited content which shall include, but is not limited to content that promotes, suggests, or encourages:
- gambling, including without limitation, any content related to online casinos, sports books, bingo or poker;
- the use of prostitution, pornography, nudity, profanity or other adult content, or violence;
- the taking up of arms against any person, government or entity or otherwise challenge or seek to overthrow any government;
- Entry must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way.
Any entry that does not comply with these Official Rules will not be considered a valid entry in this Sweepstakes. If any entry fails to comply with any of these entry requirements or any other provisions of these Official Rules, at the Sponsor’s sole discretion, Sponsor reserves the right to disqualify the entrant.
IMPORTANT NOTE: Any entrant who incorporates any intellectual property owned by a third party into his or her entry does so at his or her own risk. Each person who enters this Sweepstakes represents and warrants as follows: (i) the entry is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) the entry does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the entry does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (iv) the entry does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Sweepstakes Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
By submitting an entry, entrant hereby grants permission for the entry, including the entrant’s Twitter handle and public profile information, to be publicly posted, at Sponsor’s sole discretion. The Sweepstakes Entities are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected entries – all of which will be void. Sponsor reserves the right to disqualify any entrant and/or entry in its sole and absolute discretion.
Limit: There is a limit of one (1) entry per person each day during the Sweepstakes Period. An entrant can only submit the same unique photograph once during the entire Sweepstakes Period. Entrants must submit different photographs to enter more than once. If more than one (1) entry is received from the same person and/or Twitter account in a single day, only the first entry received may be considered valid. A “day” is defined as starting at 12:00 AM (midnight) ET and ending at 11:59:59 PM ET on a calendar day during the Sweepstakes Period, except on June 22, 2015, when a day is defined as starting at 12:00 PM ET and ending at 11:59:59 PM ET.
- RANDOM DRAWING: On or about August 17, 2015, the Administrator will randomly select three (3) potential winners from all eligible entries received during the Sweepstakes Period (“Random Drawing”). Each winner is considered a potential winner pending verification of his/her eligibility and compliance with these Official Rules.
- PRIZES, APPROXIMATE RETAIL VALUE (“ARV”) AND ODDS OF WINNING:
- Prizes (3): The prize is a four (4) day/three (3) night trip for two (2) people (winner and one (1) adult guest of his/her choosing) to attend the Austin City Limits Music Festival Weekend 2, scheduled to occur October 9, 2015 – October 11, 2015 at Zilker Park in Austin, Texas (the “Prize”). Prize includes round-trip coach class air transportation from a major commercial airport near winner’s residence (selected in Sponsor’s sole discretion) to a major commercial airport near Austin, Texas (selected in Sponsor’s sole discretion) for winner and one (1) adult guest, three (3) nights local hotel standard accommodations (single room/double occupancy), and two (2) weekend passes to the Austin City Limits Music Festival Weekend 2, scheduled to occur October 9, 2015 – October 11, 2015. Three (3) Prizes will be available in the Sweepstakes.
The ARV of a Prize is $3,237. The actual value of a Prize may vary depending on point of departure and fluctuations in the cost of air transportation. Any difference between the estimated ARV and the actual value of a Prize will not be awarded.
- Total ARV: The total ARV of all Prizes available in the Sweepstakes is $9,711.
- Odds of Winning: The odds of winning a Prize depend on the total number of eligible entries received during the Sweepstakes Period.
- General: Food, ground transportation, parking, meals, and any and all other costs and expenses, including airline baggage fees, not expressly set forth in these Official Rules are not included in a Prize. Each winner will be responsible for all gratuities, meals, ground transportation, and any other incidental costs or expenses not identified in these Official Terms. Each guest must be at least 21 years of age to participate in a Prize. If a winner elects to participate with no guest, no additional compensation will be awarded. Travel must be taken on dates specified by Sponsor. Winner and guest must travel on the same itinerary. If winner resides within a 300-mile radius of Zilker Park in Austin, Texas, a $250 travel stipend may be provided in lieu of air transportation, and no compensation will be provided for any difference in Prize value. Travel dates are subject to availability; blackout dates and other restrictions may apply. Each winner and guest is responsible for having valid travel documents including government identification and/or passports. Each Winner is responsible for all travel expenses not included herein, including airline baggage fees, gratuities, meals, and any other incidental costs or expenses related to participation in this Prize. Travel must be booked at least 40 days in advance. Guest of each winner must sign and return a travel liability release before travel will be booked. Each winner and his/her guest hereby acknowledges that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance for any part of the trip. Each winner will be required to provide a major credit card upon hotel check-in, and all in-room charges will be charged to the credit card. Any damage to the room will be the responsibility of the winner. Sponsor bears no responsibility if any event, element or detail of the Prize is canceled, postponed or becomes unavailable for any reason. Should any event, element or detail of a Prize become unavailable, the Sponsor shall have no obligation to the winner aside from providing the remaining portion of the Prize, minus any unavailable event, element or detail. A winner will not receive compensation from Sponsor for tickets that the winner is unable to use due to cancellation of the event, but tickets may be subject to standard rain-check policies and procedures set by the issuer. Each winner agrees that event admission is awarded pursuant to a revocable, nontransferable license that is personal to that winner, and may not be sold, resold, auctioned, bartered, assigned, exchanged, placed in commerce, transferred, given away, donated or otherwise conveyed. Sponsor reserves the right to remove or to deny entry to a winner and/or his/her guest if either winner or his/her guest violates the previous restrictions or engages in a disruptive manner, or with intent to abuse, threaten or harass any other person at any Prize event. If a winner cannot be confirmed by August 31, 2015, then the Prize will not be awarded.
In no event will more Prizes than are stated in these Official Rules be awarded. If, for any reason, more Prize notifications are sent (or more claims are received) than the number of Prizes offered, as set forth in these Official Rules, Sponsor reserves the right to award the intended number of Prizes through a random drawing from among all eligible Prize claims received. Limit of one (1) Prize per person/household. No Prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a Prize or force majeure. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility, including, but not limited to, any taxes imposed on the acceptance of a Prize.
- HOW TO CLAIM A PRIZE: Each potential winner is subject to verification of eligibility and compliance with these Official Rules. Sponsor will notify each potential winner by sending him/her a Direct Message on Twitter with instructions on how to redeem the Prize. Each potential winner must respond to Sponsor’s initial notification within twenty four (24) hours with his/her full name, e-mail address, and date of birth or the potential winner may be disqualified and the Prize may be forfeited in its entirety. Once a potential winner’s full name, e-mail address, and date of birth are received by Sponsor, Sponsor or its designee will send an e-mail to the potential winner requesting additional information, including winner’s mailing address (P.O. Boxes are not permitted). Each potential winner will be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release (except where prohibited) and any other requested documents within three (3) calendar days from the date of attempted notification or the Prize may be forfeited in its entirety and awarded to an alternate winner, at the Sponsor’s sole and absolute discretion. Failure to provide all required information and a signature on the documents within the stated time period may result in forfeiture of winner’s right to claim the Prize, and may result in the Prize being awarded to an alternate winner, if time permits. If a potential winner is found to be ineligible, is not in compliance with these Official Rules, declines to accept the Prize, or any winner notification is returned as undeliverable or the potential winner fails (a) to respond to the winner notification via Twitter within twenty four (24) hours, or (b) to complete the required information and provide a signature on the requested documents within the stated time period, the Prize may be forfeited. If a Prize is forfeited for any reason, it may be awarded to an alternate potential winner, at the Sponsor’s sole and absolute discretion, time permitting. Each potential winner may be subject to a background check before the Prize is awarded. Sponsor reserves the right to disqualify any potential winner based on the results of such background check if Sponsor determines in its sole discretion that awarding a Prize to any such individual might reflect negatively on the Sponsor. Upon verification of eligibility, winner will be contacted by Sponsor’s designee to book travel. The Sweepstakes Entities shall not be held responsible for any delays in awarding a Prize for any reason. If a potential winner is found to be ineligible, is not in compliance with these Official Rules, declines to accept the Prize, or any winner notification is returned as undeliverable or the potential winner fails to respond to a winner notification within the timeframe specified in such winner notification, the Prize may be forfeited. If a Prize is forfeited for any reason, it may be awarded to an alternate potential winner, at the Sponsor’s sole and absolute discretion, selected at random from the remaining pool of eligible entries received during the Sweepstakes Period, time permitting. If, after a good-faith attempt, Sponsor is unable to award or deliver a Prize, such Prize may not be re-awarded. Each Prize is not transferable and includes only the items specifically listed as part of the Prize. Any portion of a Prize not accepted by a winner will be forfeited. Each winner shall be solely responsible for payment of any and all applicable federal, state, and local taxes for the Prize won. Approximate retail values are as of the time these Official Rules were printed and the value of the Prize may fluctuate. A winner is not entitled to any difference between the ARV and the actual value of the Prize at the time the Prize is awarded. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. Prizes will only be awarded to verified winners.
- LIMITATION OF LIABILITY: By participating in this Sweepstakes, entrants agree that the Sweepstakes Entities and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail notifications, telephone calls, or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/Internet/Website/UseNet accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Sweepstakes; (vii) any injury or damage, whether personal or property, to entrants or to any person's computer related to or resulting from participating in the Sweepstakes and/or accepting a Prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Sweepstakes Entities are not responsible for any undelivered telephone calls, messages or e-mails, including without limitation, e-mails that are not received because of an entrant’s privacy or spam filter settings that may divert any winner notification or other Sweepstakes related e-mail to a spam or junk folder.
By entering the Sweepstakes, each entrant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by entrant.
If, for any reason, the Sweepstakes is not capable of running as planned, or the integrity and or feasibility of the Sweepstakes is severely undermined by any event beyond the control of Sponsor, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of Sponsor (each a “Force Majeure” event or occurrence), Sponsor reserves the right, at its sole and absolute discretion, to abbreviate, cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of the winner in a manner it deems fair and reasonable, including the selection of the winner from among eligible entries received prior to such cancellation, termination, modification or suspension without any further obligation provided a sufficient number of eligible entries are received. If Sponsor, in its discretion, elects to alter this Sweepstakes as a result of a Force Majeure event, a notice will be posted at www.promorules.com/cooldown.
Without limiting the foregoing, everything regarding this Sweepstakes, including the Prizes, is provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
- DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF COLORADO, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN JEFFERSON COUNTY, COLORADO. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN COLORADO. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN JEFFERSON COUNTY, COLORADO. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR SWEEPSTAKES ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
- PUBLICITY RIGHTS: By participating in the Sweepstakes and/or accepting a Prize, each entrant agrees to allow Sponsor and Sponsor’s designee the perpetual right to use his/her name, biographical information, photos and likeness, voice recording, video images and all related footage, and statements for Sweepstakes, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered worldwide, including but not limited to television (including live television), radio, and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
- GENERAL: This Sweepstakes is subject to all federal, state and local laws and regulations. Winning a Prize is contingent upon fulfilling all requirements set forth herein. Any attempted form of participation in this Sweepstakes other than as described herein is void and will result in disqualification, and if such person is selected as a potential winner, revocation of his/her Prize. If it is discovered or suspected that a person has registered, entered or attempted to register or receive entries using multiple e-mail addresses, identities, IP addresses, or use of proxy servers or like methods, all of that person’s entries will be declared null and void and that person will not be awarded any Prize that he/she might have been entitled to receive and such Prize may be forfeited at the Sponsor’s sole and absolute discretion. Sponsor reserves the right to disqualify any individual found, in its sole and absolute opinion, to be tampering with the operation of the Sweepstakes, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Sweepstakes. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Sweepstakes will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of an entrant, the entry will be declared made by the primary account holder of the e-mail account associated with the Twitter handle used to enter the Sweepstakes. Potential winner may be required to show proof of being the primary account holder. The “primary account holder” is the natural person listed as the primary owner of the e-mail address by an e-mail service provided. If any provision of these Official Rules or any word, phrase, clause, sentence or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or any Prize documents will not affect the validity or enforceability of any other provision. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and the Sweepstakes details contained in any Sweepstakes promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
- WINNERS LIST: To obtain a list of winners, mail a self-addressed, stamped business-sized envelope to: Miller Lite #CoolDownPhase Sweepstakes - Winner List Request, P.O. Box 410, Southfield, MI 48037. Winners List requests must be received by October 1, 2015.
Sponsor: MillerCoors LLC, 3939 W. Highland Blvd., Milwaukee, WI USA 53201.
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