Official Rules 2019

Zinburger Social Media Giveway
The Great Zinburger Battle

Zinburger Social Media Giveaway

No purchase necessary to enter or win. A purchase of any kind will not increase your chances of winning. Void where prohibited. This sweepstakes is in no way sponsored, endorsed or administered by Instagram, Facebook or Twitter.

1. ELIGIBILITY: The Zinburger gift card giveaway (the “Contest”), is brought to you by Zinburger (the “Sponsor”), and is governed by these Official Rules. To enter, participants must be 18 years of age or older, a legal resident of the United States, and a member of the corresponding social media platform at the start of the Contest Entry Period. All entries become the exclusive property of Sponsor. Void where prohibited. Sponsor reserves the right, at any time, to verify eligibility requirements, in any manner it deems appropriate.

2. THE CONTEST ENTRY PERIOD: The Contest begins when the content is posted on the corresponding social media channel and ends when specified.

3. TO ENTER: Sponsor will give away Zinburger gift cards and/or Be Our Guest cards during the Contest Entry Period.  During the Contest Entry Period, the corresponding Zinburger social media page will announce the requirements for you to have the chance to win Zinburger gift cards and/or Be Our Guests cards (as determined by Zinburger’s marketing team). For example, the requirement for the chance to win two (2) Be Our Guest cards might be the first two (2) Twitter users to correctly or most creatively respond to @ZinburgerEast’s question of the day.  Please see the corresponding Zinburger social media page for the current requirements.  Winners will be announced on the appropriate social media page.

Participants can enter as many times as many times as they want. However, contestants can only win if they have not won a prize from Zinburger in the past 90 days. Winners will be identified within a 24-hour period. Winners will be notified and winners must send their full mailing address via a direct message (DM) to receive their prize. If information is not received within 48-hours, or if any prize notification or prize is returned as non‐deliverable, or if winner is found to be ineligible or not in compliance with these Official Rules, such prize will be forfeited.

4. ENTRY REQUIREMENTS. By submitting an Entry in the Contest, you hereby warrant and represent that your entry conforms to the requirements set forth herein. Entries must be in English. Entries must meet the following requirements: Entry cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity; Entry cannot promote alcohol, 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 be obscene or offensive, endorse any form of hate or hate group; Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies; Entry cannot contain trademarks, logos or trade dress owned by others or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; Entry cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media or musical “samples”) without permission; Entry cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than entrant, without permission; Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and Entry cannot depict, and cannot itself, be in violation of any law. BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE, IN SPONSOR’S DISCRETION. Sponsor reserves the right to, and may or may not, monitor/screen entries prior to posting them to the Website. By entering, you acknowledge that Sponsor has no obligation to use or post any Entry you submit. Submission of an Entry grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform the Entry in any way, in any and all media, without limitation, and without consideration to the Entrant. ENTRIES ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants.

5. PRIZE DETAILS/ODDS: Prize cannot be assigned, transferred, or substituted except by Sponsor who may, at its sole discretion, substitute any prize with one of comparable value if the advertised prize becomes unavailable for any reason. Odds of winning will vary based on the number of valid Entries received.

6. CONDITIONS OF PARTICIPATION: Participant agrees (a) to these Official Rules and the decisions of Sponsor which are final and binding, (b) that Sponsor, its franchisor, parent, subsidiary and affiliated companies, advertising and promotion agencies, and all of their officers, directors, franchisees, employees, representatives and agents will have no liability whatsoever for, are released and shall be held harmless by participants against any liability for any injuries, losses or damages of any kind to persons, including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Contest and (c) except where legally prohibited, winner grants (and agree to  confirm that grant in writing) permission to Sponsor and those acting under Sponsor’s authority the right to the use of his/her name, photograph, likeness, voice, image and biographical information and statements for advertising, trade, publicity, promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide and on the Internet/World Wide Web, without notice, review or approval.

7. GENERAL PROVISIONS: Neither Sponsor nor its agencies are responsible for not receiving entries, no matter what the reason even if known in advance, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of entry or the failure to capture any such informati Persons who tamper with any aspect of the Contest, as solely determined by the Sponsor, will be disqualified. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest. In case of dispute, the authorized subscriber of the Twitter account used to enter the Contest at the actual time of entry will be deemed to be the Participant, and must comply with these Official Rules.

8. ARBITRATION: By participating in this Contest each Participant agrees that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) Participant may have against the Sponsor and/or any other entity or person arising out of, relating to, or connected in any way with the Contest, the awarding , redemption or use of prizes, or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1‐16; (3) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for Participant), or at such other location as may be mutually agreed by the Participant and Sponsor; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable Participant may have entered into in connection with the Contest; (5) the arbitrator shall apply Massachusetts law consistent withthe FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only the Participant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the Participant and Sponsor both agree to waive any right against any entity or person to recover indirect, punitive, incidental and/or consequential damages; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD for claims less than $10,000 or $375 for claims greater than $10,000 but less than $75,000, and the Participant is unable (or not required under the applicable Rules and Procedures) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on the Participant’s behalf, subject to ultimate allocation by the arbitrator. In addition, if the Participant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the Participant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost‐prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, 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, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither Sponsor nor Participant shall be entitled to arbitrate their dispute. For more information on AAA and/or AAA Rules and Procedures, Participants may visit the AAA Website at http://www.adr.org, or contact AAA AT 1633 Broadway, 10th Flr, New York, New York 10019; OR BY EMAIL AT websitemail@adr.org. If for any reason a claim proceeds in court rather than through arbitration, the Participant and Sponsor agree that there will be no jury trial.

9. WINNER’S LIST: For the names of the winners, write your name and address on a 3”x5” card, and mail in first‐class, stamped envelope to: Zinburger’s Giveaway Winners List, c/o Cronin, 50 Nye Road, Glastonbury, CT 06033 for receipt by December 31, 2019.

10. SPONSOR: Zinburger USA, LLC.

The Great Zinburger Battle

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.

SPONSOR: The contest is sponsored by Zin Management Services, LLC (“Sponsor”). This contest is governed by these official rules (“Official Rules”). By participating in the contest, each entrant agrees to abide by these Official Rules, including all eligibility requirements, and understands that the results of the contest, as determined by Sponsor and its agents, are final in all respects. The contest is subject to all federal, state and local laws and regulations and is void where prohibited by law. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram, Facebook or Twitter. Any questions, comments or complaints regarding the promotion will be directed to Sponsor, not Instagram, Facebook or Twitter.

CONTEST: The contest will determine the best original burger based on the rules contained herein.

ELIGIBILITY: The Contest is open to legal residents of their respective counties where not prohibited by law, who are eighteen (18) years of age or older at the time of entry who have Internet access and a valid e-mail account prior to the beginning of the Contest Period. Sponsor has the right to verify the eligibility of each entrant. Employees of Sponsor or any of its affiliates, or Fox Restaurant Concepts, LLC, do not qualify to participate. The Contest will not occur in Arizona nor will any stores in Arizona participate in the contest. Residents of Arizona may enter but finalist burgers will not be offered for sale in Arizona.

CONTEST PERIOD: The Contest timelines are defined on the marketing POP (“Contest Period”). All entries (submissions) must be received on or before July 12, 2019. Sponsor reserves the right to extend or shorten the contest at its sole discretion. Finalists will be announced on or about July 29, 2019. A winner will be announced on or about September 3, 2019.

HOW TO ENTER: You may submit your entry at www.zinburger.com/burger-contest. The entry should include all the ingredients and describe how to build the burger as well as a name of the burger and your contact information.

After submitting the required information on the entry form, the entrant will receive one (1) entry into the contest. You may enter as many times as you wish.

Guidelines for the burger include the following:
Each participant will submit a recipe via the online form which meets the following guidelines:

    1. 1. The recipe must contain at least one of the following proteins from Zinburger:

      • Certified Angus Beef
      • Kobe Style Beef
      • Fresh Ground Turkey
      • Chicken Breast
      • Seared Salmon
      • Bacon & CAB Blended Patty
      • CAB/Andouille sausage blend patty
      • Seared Ahi
      • Zinburger Veggie Patty
      • Beyond Burger™ 100% Plant-Based Patty
    1. 2. Must use a Zinburger Bun
    1. 3. Any and all toppings and sauces allowed.
    1. 4. A name for the Zinburger must be included.

FINALISTS AND WINNER SELECTION: Sponsor will choose eight (8) finalists. The finalists will be chosen by the Zinburger chefs, marketing and operations team within ten (10) business days of the contest entry period ending. The eight finalists will then randomly be selected to compete for sales two (2) per week for four (4) weeks by being offered for purchase on the blackboard of each Zinburger restaurant. The competing burgers will be offered at the same price. The winner will be the burger that produces the most sales in the week it is offered.

PRIZES: Announcements and instructions for prizes will be sent to the e-mail address supplied on the potential prize winner’s entry. Each entrant is responsible for monitoring his/her email for prize notification and receipt or other communications related to this Contest. If a potential prize winner cannot be reached by Administrator (or Sponsor) within ten (10) days, using the contact information provided at the time of entry, or if the prize is returned as undeliverable, that potential prize winner will forfeit the prize. Upon the request of the Sponsor, the potential winner may be required to return an Affidavit of Eligibility, Release and Prize Acceptance Form and IRS W-9 form. If a potential winner fails to comply with these official rules, that potential winner will be disqualified. Prizes may not be awarded if an insufficient number of eligible entries are received.

The first place winner will receive: a large Green Egg grill, a $250 gift card to any Zinburger restaurant other than the State of Arizona, and a Zinburger Chef Coat. The second and third place winners will each receive a $50 Zinburger gift card to be used at any ZInburger restaurant other than in the State of Arizona. The fourth thru eighth place winners will each receive a $25 Zinburger gift card to be used at any ZInburger restaurant other than in the State of Arizona.

TERMS AND CONDITIONS: Terms and conditions may apply. Incidental expenses and all other costs and expenses which are not specifically listed as part of a prize in these Official Rules and which may be associated with the award, acceptance, receipt and use of all or any portion of the awarded prize are solely the responsibility of the respective prize winner. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE IS SOLELY THE RESPONSIBILITY OF THE WINNER.

ADDITIONAL LIMITATIONS: Prize is non-transferable. No substitution or cash equivalent of prizes is permitted. Sponsor and its respective parent, affiliate and subsidiary companies, agents, and representatives are not responsible for any

typographical or other errors in the offer or administration of the Contest, including, but not limited to, errors in any printing or posting or these Official Rules, the selection and announcement of any winner, or
the distribution of any prize. Any attempt to damage the content or operation of this Contest is unlawful and subject to possible legal action by Sponsor. Sponsor reserves the right to terminate, suspend or amend the Contest, without notice, and for any reason, including, without limitation, if Sponsor determines that the Contest cannot be conducted as planned or should a virus, bug, tampering or unauthorized intervention, technical failure or other cause beyond Sponsor’s control corrupt the administration, security, fairness, integrity or proper play of the Contest. In the event any tampering or unauthorized intervention may have occurred, Sponsor reserves the right to void suspect entries at issue. Sponsor and its respective parent, affiliate and subsidiary companies, agents, and representatives, and any telephone network or service providers, are not responsible for incorrect or inaccurate transcription of entry information, or for any human error, technical malfunction, lost or delayed data transmission, omission, interruption, deletion, line failure or malfunction of any telephone network, computer equipment or software, the inability to access any website or online service or any other error, human or otherwise.

INDEMNIFICATION AND LIMITATION OF LIABILITY: BY ENTERING THE CONTEST, EACH ENTRANT AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSOR AND ITS PARENT, AFFILIATE AND SUBSIDIARY COMPANIES, THE FACEBOOK PLATFORM, ADMINISTRATOR, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY LIABILITY, DAMAGES, LOSSES OR
INJURY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THAT ENTRANT’S PARTICIPATION IN THE CONTEST AND THE ACCEPTANCE, USE OR MISUSE OF ANY PRIZE THAT MAY BE WON. SPONSOR AND ITS PARENT, AFFILIATE AND SUBSIDIARY COMPANIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF THE PRIZE. SPONSOR AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE CONTEST.
PUBLICITY

By participating, each entrant grants Sponsor permission to use his/her name, likeness or comments for publicity purposes without payment of additional consideration, except where prohibited by law.

Each entrant upon submission of its recipe waives and relinquishes all rights to such recipe and any profits in the recipe or the name of the burger. Entrant specifically agrees that it will not use such recipe for any commercial use once submitted.

CONTEST SPONSORS:

This Contest is sponsored by: Zin Management Services, LLC
78 Okner Parkway
Livingston, NJ 07039