RAISING CANE’S® ONE LOVE® CELEBRATION GAME (“PROMOTION”) 2013 OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. ELIGIBILITY: Open to legal residents of the fifty (50) United States and the District of Columbia (excluding residents of Florida, New York and Rhode Island) who are thirteen (13) years of age or older. The following individuals are not eligible to enter or win a prize: employees, crewmembers, contractors, directors and officers of Raising Cane’s USA, LLC (the “Sponsor”), its parent, subsidiaries and affiliated companies, franchisees, web design, advertising, fulfillment, legal, judging, advertising and promotion agencies involved in the administration, development, printing, fulfillment and execution of this Promotion (collectively, “Promotion Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent, and spouse or “step” of each), and those living in their same households (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Promotion). Void in Florida, New York, Rhode Island, and where prohibited.
2. PROMOTION PERIOD: Promotion begins on or about January 2, 2013 and ends on February 19, 2013, or earlier if supply of game pieces is exhausted (the “Promotion Period”).
3. HOW TO PLAY: You will receive a Game Piece (with two game plays) (“Game Piece”) with the purchase of a 21 oz. or a 32 oz. fountain drink at a participating Raising Cane’s® restaurant during the Promotion Period, while supplies last. Peel the Game Piece off the cup to see if you are an instant winner of one of the Instant Win Prizes listed in Section 5 below, subject to verification. You may also win a Collect & Win Prize by collecting the letters or number that spell out one of the following words/phrases: 1LOVE; CANES; WIN; or PLAY, as more fully outlined in Section 5 below, subject to verification.
4. HOW TO REQUEST A GAME PIECE BY MAIL: To request a Game Piece (with two game plays) by mail without purchase, while supplies last, mail a self-addressed stamped envelope (“SASE”) to: Raising Cane’s® One Love® Celebration (Game Piece Request), P.O. Box 293463, Lewisville, TX 75029-3463. VT residents may omit return postage. Game Piece requests (SASE) must be handwritten and postmarked by February 19, 2013, and received by February 26, 2013. Proof of sending will not be deemed to be proof of receipt by Sponsor. No mechanical reproductions will be accepted. Sponsor is not responsible for lost, late, illegible, invalid, misdirected, mutilated, incomplete, or postage-due mail/requests, which will be disqualified. Limit one (1) Game Piece request (SASE) per outer postmarked envelope.
5. PRIZES AND APPROXIMATE RETAIL VALUES (“ARV”): Approximately 5,570,250 Game Pieces (with two game plays each) are available for distribution. The number of Game Pieces and prizes available to be won will decrease throughout the Promotion Period as Game Pieces are distributed. Majority of prizes are food prizes. Assuming all Game Pieces are distributed, the prizes available and approximate odds of winning are as follows:
INSTANT WIN PRIZES
|LEVEL||PRIZE||ARV||QUANTITY AVAILABLE||ODDS OF WINNING|
|Grand||Apple® MacBook Air||$1,499||5||1:1,114,050|
|Second||Xbox 360 with Kinect||$299.99||10||1:557,025|
|Fourth||The Box Combo®||$6.98||52,549||1:106|
|Fifth||21 oz. Drink or Lemonade||$1.84||1,114,050||1:5|
The ARV for food prizes is based on the average price of the item.
COLLECT & WIN PRIZES
|LEVEL||WORD/ PHRASE||PRIZE||ARV||QUANTITY AVAILABLE||ODDS OF COLLECTING ALL LETTERS/NUMBER TO SPELL THE WORD/PHRASE|
Odds of winning a Collect & Win Prize are based on obtaining all Game Pieces required to spell the applicable word/phrase as listed above. Cash prizes will be awarded as a check payable to the winner. Electronic prizes: any accessories, upgrades, and options are not included, and are at the sole expense of the winner. Sponsor does not make, nor in any manner is responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prizes including but not limited to their quality, fitness for a particular purpose, or mechanical condition. All product and brand names are trademarks or registered trademarks of their respective companies, which are not sponsors of or affiliated with this Promotion or the Sponsor.
Total ARV of all prizes in this Promotion is: $6,483,456.69.
6. PRIZE RESTRICTIONS: Food prizes are not valid in combination with any other offer, discount or coupon. No cash equivalent, transfer, or substitution of prize is offered, except at the sole discretion of the Sponsor. Sponsor reserves the right in their sole discretion to substitute a prize in whole or in part with one of comparable or greater value. Winners are solely responsible for any taxes on their respective prizes, and winners of any prize(s) valued at $600 or more will be issued an IRS Form 1099 reporting the value of their prize(s). All costs and expenses associated with prize acceptance and use not specifically provided for herein are the responsibility of the winner. ARVs are as of the date these Official Rules were finalized and may fluctuate. Any difference between the stated ARV and actual value at the time the prize is awarded will not be awarded.
7. INSTANT WIN GAME PRIZE AND COLLECT & WIN PRIZE CLAIMS: Grand, First, Second and Third Instant Win Game Prizes, and ALL Collect & Win Prizes: DO NOT GIVE YOUR WINNING GAME PIECE(S) TO A RAISING CANE’S® CREWMEMBER, THEY ARE NOT AUTHORIZED TO VERIFY OR COLLECT YOUR GAME PIECE(S). Write your name, address, city, state, ZIP Code, phone number, email address (optional) and date of birth on a 3″ x 5″ card. Make and retain a copy of your Game Piece(s), and mail the 3″ x 5″ card and original Game Piece(s) to the address indicated on the Game Piece. It is recommended that you use a traceable method such as registered mail to send in your prize claim. All mailed prize claims must be postmarked by March 19, 2013 and received by March 26, 2013, or prize will be forfeited in its entirety and will not be awarded. Proof of mailing does not constitute proof of delivery. Prizes will be shipped within 4-6 weeks of winner verification.
Fourth through Eighth (Food/Beverage) Instant Win Game Prizes: Give your winning Game Piece to the cashier on your next visit to a participating Raising Cane’s® restaurant to claim your prize. Prizes must be redeemed by March 26, 2013. Limit one (1) prize redemption per person per visit.
8. ALL PRIZE CLAIM SUBMISSIONS: No reproductions of Game Pieces will be accepted. Game Pieces submitted for redemption become the property of Sponsor and will not be returned. Claims are subject to verification and anti-fraud detection devices may be used to verify the winning Game Pieces. Any Game Piece will be automatically void if it fails to pass anti-fraud detection measures or if it is determined to be mutilated, mechanically reproduced, photocopied, forged, altered, defaced, tampered with, stolen, un-issued, unauthorized or illegible in any way; if it contains printing, production, mechanical, typographical, or other errors; or if it is obtained outside authorized channels. No prize will be awarded to the holder of any Game Piece which is determined to be void. Grand, First, Second and Third Instant Win Prizes, and all Collect & Win Prize claims will not be reviewed or verified until after the Promotion has ended. Grand and First Instant Win Prize winners, and Grand and First Collect & Win Prize winners, will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release within ten (10) calendar days of attempted notification, or prize may be forfeited. If a winner is a minor in his or her jurisdiction of residence, the prize may be awarded in the name of, or to, winner’s parent or legal guardian who must execute all documents and agree to all obligations and undertakings of winner, both on behalf of himself/herself and winner, or the prize may be forfeited. If any prize or prize correspondence is not returned within the required time period, or is returned as non-deliverable, prize may be forfeited. Unclaimed prizes will not be awarded. Sponsor’s decisions shall be final and binding on all matters relating to the Promotion.
9. RELEASE AND GENERAL TERMS: Bulk purchases of 21 oz. and 32 oz. cups (i.e., sold in sleeves, packs, boxes, etc.) will not be available during the Promotion Period. If a participating Raising Cane’s® restaurant exhausts its stock, if any, of 21 oz. or 32 oz. fountain drink cups featuring Game Pieces during the Promotion, replenishment of promotional fountain drink cups will depend on availability. Sponsor is not responsible for late, lost, misdirected, mutilated, incomplete, illegible, or postage-due Game Piece requests, prize claims, or mail. Sponsor is not responsible for any change of mailing address, email address and/or telephone number of entrants. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation as stated herein, or with any provision in these Official Rules. Participant assumes all risk of loss to or destruction of Game Piece. In the event of a printing/production/typographical error, irregular or invalid code/message or computer error, neither Sponsor, the Promotion Parties, or printers of the Game Pieces, or their respective agents or agencies shall have any liability except as described in the following sentence. Liability of Sponsor, the Promotion Parties, or printers of the Game Pieces, or their respective agents or agencies for official Game Piece containing printing or other errors that is rendered invalid due to any type of malfunction, technological or otherwise, is limited to replacement with any Game Piece, while supplies last. Game Pieces are void if obtained where prohibited by law. No more prizes than the prizes stated in these Official Rules will be awarded, and if there are more verified prize claims received for any prize level than the number of prizes being offered, Sponsor reserves the right to award the intended number of prizes through a random drawing from among all eligible prize claims received. In the event Sponsor is prevented from continuing with the Promotion, or the integrity and/or feasibility of the Promotion 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, acts 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 shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Promotion without any further obligation. By participating in this Promotion and submitting a prize claim, each entrant (and entrant’s parent/legal guardian if entrant is an eligible minor in his or her jurisdiction of residence) agrees: (i) to be bound by these Official Rules, including all prize claim requirements; (ii) to hold Sponsor, its representatives, directors, officers, agents, divisions, affiliates, subsidiaries, advertising and promotional agencies, employees, crewmembers and assigns (collectively, the “Released Parties”), harmless against any and all claims, injuries, damages, losses and liability that may occur, directly or indirectly, in whole or in part, from participation in the Promotion, or from the receipt or use of any prize or any travel or activity related to the receipt or use of any prize; and (iii) that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law relative to any prize, including but not limited to its quality, mechanical condition, or fitness for a particular purpose. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.
10. BINDING ARBITRATION: Any controversy or claim arising out of or relating to a Raising Cane’s® Promotion shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law (without regard to conflicts of laws principles), consistent with the Federal Arbitration Act, and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Raising Cane’s® will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Raising Cane’s® shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN A RAISING CANE’S® PROMOTION, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
11. PUBLICITY: Except in Tennessee, and where prohibited by law, by accepting a prize, winners (or a winner’s parent/legal guardian, if winner is an eligible minor) grant permission for Sponsor and those acting under its authority to use their name, and address (city and state), photograph, voice and/or likeness, for advertising and/or publicity purposes, in any and all media (including posting on Web Site) now known or hereinafter invented without territorial or time limitations and without further notice to and without additional compensation. If you are selected as a winner, your information may also be included in a publicly-available winners list.
12. WINNERS LIST REQUEST: For names of major prize winners (prize valued at $25 or more), send a self-addressed, stamped envelope for receipt to: Raising Cane’s® Winners List, P.O. Box 292523, Lewisville, TX 75029-2523. Requests must be received by April 30, 2013.
13. SPONSOR: Raising Cane’s USA, LLC, 5800 Tennyson Parkway, Suite 200, Plano, TX 75024.
RAISING CANE’S, ONE LOVE, CANE’S SAUCE and THE BOX COMBO are federally registered trademarks of Raising Cane’s USA, LLC.