The Houston Dog Promotion
The James Coney Island/JCI Grill "Houston Dog" promotion is a FREE contest to enter. No purchase or entry fee is necessary to enter or win.
James Coney Island will serve as the Administrator of the Houston Dog Promotion and will be responsible for resolving any disputes that arise regarding the winner and contest, violations of the rules, as well as the time of submission of an entry. This promotion is in no way sponsored, endorsed, or administered by, or associated with Facebook. You are providing your information to James Coney Island and not to Facebook.
To be eligible to participate in the Contest, you must be a legal resident of the State of Texas and be over the age of 18.
Employees of James Coney Island and JCI Grill, (collectively, the "Contest Entities") and each of their parent companies, affiliates, subsidiaries, advertising , promotion and fulfillment agencies including Freed Advertising and Kaplan Public Relations and their digital advertising agency and members of the immediate family or household of each are not eligible to win. Immediate family member is defined as a parent, sibling or any person residing in the same household as an employee of the Contest Entities. Void where prohibited by law.
James Coney Island fans can submit promotional contest Entries (defined as recipes or suggestions of recipe ingredients) any time before midnight on August 14, 2017 by visiting Facebook.com/JamesConeylsland. Entrants will be required to 1) Like and follow the JCI Facebook Page through entire contest period AND 2) Entrants will be required to use the promotional hashtag (#JCIHOUSTONDOG) in their entry post in order to enter and become eligible to win the prize. Hereafter referred to as Entrants.
The prizes will be awarded when James Coney Island's Facebook Page is updated and notifies entrant as winner. NOTE: "Liking" James Coney Island on Facebook, by itself, IS NOT a valid entry for the Contest. To qualify for the Contest you MUST complete the “Houston Dog" contest entry process on Facebook.
To be eligible all entries must be received by midnight, Central Standard Time, on August 14, 2017
One (1) Grand prize will be awarded to one Entrant who submits the winning Houston Dog Recipe. Winner is responsible for all internet connection charges. The Grand prize consists of a JCI Gift card valued at $250 and redeemable at all JCI locations and JCI merchandise chosen by JCI.
Two (2) finalist prizes will be awarded to two entrants who submit recipes that make it as a finalist in the Houston Dog promotion. The finalist prize consists of a JCI Gift card valued at $50 and JCI merchandise chosen by JCI.
PRIZE DETAILS AND RESTRICTIONS
The prize is non-transferable; no substitutions or cash awards are allowed. All prize details are at the sole discretion of the Administrators. Each participant agrees to and hereby does, release, discharge, indemnify and hold harmless the Contest Entities, their parent companies and their affiliates, subsidiaries, advertising and promotion agencies, including Freed Advertising, Kaplan Public Relations, their digital advertising agency, and all of their respective employees, directors, officers, shareholders & agents (collectively "Releasees") from any and all claims or liability in connection with participation in this promotion or acceptance or use of the Prize. Entry into the Contest constitutes permission for Administrator and its designees to use the name, city and state, and likeness of the Prize Winner for advertising and promotional purposes without additional compensation unless prohibited by law.
The prize(s) will be awarded by August 31, 2017. Prize winner(s) will be notified by Facebook private message, posted on the JCI Facebook page and/or email/phone, if necessary, assuming participant provides an accurate email and/or working phone number as part of the registration process. If the prize is not claimed by the winner by September 15, 2017, the prize may be cancelled or awarded to another participant.
Odds of winning depend on the number of eligible participants and selection of qualified Houston dog recipes. James Coney Island reserves the right, at its sole discretion, to choose a recipe that was not submitted by a participant and not award a prize.
All participants agree to abide by the terms of these Official Rules and the Legal Disclaimers below, and by the decisions of James Coney Island/JCI Grill, which are final and binding on all matters pertaining to the Contest.
If the winning entry is submitted by more than one participant, the Administrator may, in its sole and absolute discretion, (a) award the prize and give credit to the first entry that was properly submitted, or (b) award prizes and give credit as it deems appropriate to one or more of the participants that submitted the winning entry. At its sole discretion, the Administrator may also choose to include the name of each participant that submitted a winning entry into a raffle and the name drawn will be awarded the prize.
The potential winner will be required to sign and return, within five (5) days of issuance, the Affidavit of Eligibility and Publicity/Liability Release. Failure to return such documents within the specified time period, noncompliance with these Official Rules, potential winners return of the prize or notification from the potential prize winner declining the prize for any reason , shall allow James Coney Island to award the prize to an alternate participant.
Except where prohibited by law, the prize winner's acceptance of the prize constitutes permission for the Contest Entities to use prize winner's name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation. Participants agree to Contest Entries use of their names and likeness for advertising and publicity purposes, without additional compensation, unless prohibited by law. By submitting an entry, each participant assigns to JCI his/her entire right, title and interest in and to the recipe and the name of the hot dog sandwich for any and all uses, including, without limitation, the commercial marketing and sale of the same by James Coney Island/ JCI Grill, its successors and assigns without further compensation. By submitting an entry, each participant assigns any rights, including intellectual property rights, which such participants may have in the entry to James Coney Island.
Further, each participant relinquishes any intellectual property right such participant may have to the entry, as well as any claim to compensation or other right. James Coney Island will be entitled to unrestricted use of each entry without owning the participant entry consideration. Participant agrees to and hereby does agree to release and hold harmless Facebook from any and all claims, liabilities, losses, damages, causes of action, costs and expenses, including but not limited to attorneys' fees, in connection with or related to the Contest or its use of Facebook.
All federal, state, local, and provincial laws and regulations apply.
James Coney Island is not responsible for lost, late or misdirected on-line entries or transactions, for incorrect, inaccurate or incomplete entry information whether caused by a contestant, equipment, or technical malfunction or for any human error, technical error or malfunctions. James Coney Island reserves the right to halt or modify the Contest at any time during the Contest period if events beyond their control compromise the Contest’s fairness or integrity.
James Coney Island is not responsible for typographical or other human or technical errors in the offer or administration of this Contest, including but not limited to errors in advertising, the Official Rules, the selection and announcement of the prize Winner or the distribution of the prize.
James Coney Island, in its sole discretion, may disqualify any participant from participating in the Contest, refuse to award the prize, and require the return of any part of the prize, if participant engages in any conduct James Coney Island deems to be improper, unfair or otherwise adverse to the operation of the Contest or detrimental to other participants. Such improper conduct includes, but is not limited to, plagiarized recipes from other restaurants or institutions, falsifying personal information required during Contest registration or prize claim, violating any term or condition stated herein, accumulating entries, or prizes through methods such as automated computer scripts or other programming techniques, allowing others to use the participant's personal information for the purpose of accumulating entries, tampering with James Coney Island's administration of this promotion, or intentionally trying to defraud, reverse engineer, disassemble, decompile or otherwise tamper with the computer programs on this Web site. Participant further acknowledges that the forfeiture of the prize and/or return of any part of the prize shall in no way prevent James Coney Island from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct.
James Coney Island reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Contest.
This Contest may not be used for any form of gambling. Each participant acknowledges that this Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook.
For winner information or an additional copy of the Official Rules, send a self-addressed, stamped envelope to: 1750 Stebbins Drive, Houston, TX, 77043. Specify "Rules" or "Winner".
If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention , fraud, technical failures, or any other causes beyond the control of a Contest entry, which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, James Coney Island reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest. In such event, James Coney Island further reserves the right to award the prize to another eligible participant in accordance with these Official Rules.
The Contest Entities, assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries or transactions. The Contest Entities are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail entry or transaction to be received on account of technical problems or traffic congestion on the internet or at any web site, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Contest.
LOST OR CORRUPTED ENTRIES
The Contest Entities, assume no liability and are not responsible for, and each participant hereby forever waives any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage due entries or mail if applicable; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Contest Entities are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Contest, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Contest.
Contest Entities are not responsible for, and each participant hereby forever waives any rights to any claim in connection with, injury or damage to any participants or to any other person's computer or property related to or resulting from participating in this Contest or downloading materials from related to this Contest.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, JAMES CONRY ISLAND RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of a dispute, entries made by Internet will be declared made by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Any entry that is incomplete or late will be disqualified.
In the event that the Contest is challenged by any legal or regulatory authority, James Coney Island reserves the right to discontinue or modify the Contest or to disqualify participants residing in the affected geographic areas. In such event, James Coney Island shall have no liability to any participants who are disqualified due to such an action.
The Contest Entities, assume no liability and are not responsible for, and each participant hereby forever waives any rights to any claim in connection with, errors and/or ambiguity: (a) in the Contest; (b) in any related advertising or promotions of this Contest; and/or (c) in these Official Rules including but not limited to errors in advertising, the Official Rules, the selection and announcement of the winner or the distribution of the prize. In the event of any ambiguity(s) or error(s) in these Official Rules, Administrator reserve the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Contest.
PRIZE WINNER AND PRIZE
The Contest Entities , assume no liability and are not responsible for, and each participant hereby forever waives any rights to any claim in connection with, the selection and announcement of the Prize Winner, the distribution of the Prize. the acceptance/possession and/or use/misuse of any part of the Prize and/or any injury or damage to any participant's or third person's property related to or resulting from any part of the Prize or any part of this Contest.
RELEASE AND INDEMNITY
Each participant in the Contest, including, without limitation, the prize winner, hereby releases and agrees to hold harmless the Contest Entities from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the prize, participation in this Contest and participation in any activity related to this Contest. Each participant also agrees to and hereby does agree to release and hold harmless to Facebook from any and all claims.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
IN NO EVENT WILL THE CONTEST, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED OR FROM THE SERVICE AND/OR THE CONTEST. IN NO EVENT SHALL JAMES CONEY ISLAND'S TOTAL LIABILITY TO ANY PARTICIPANT OR OTHER PERSON FOR ALL DAMAGES, LOSSES, LIABILITIES, CLAIMS, CAUSES OF ACTION, COSTS OR EXPENSES , INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, EXCEED $100. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE CONTEST AND THE SERVICE INCLUDING THE PRIZE ARE 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. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted at a location selected by JAMES CONEY ISLAND. Arbitration shall not apply in an action by James Coney Island to specifically enforce these Official Rules or otherwise seek an equitable remedy, unless James Coney Island determines otherwise.
Governing Law and Jurisdiction
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES.
For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the Texas state and federal courts located in the City of Houston, County of Harris, and State of Texas. The parties agree not to raise the defense of forum non conveniens.
Administrator/Prize Provider Mailing Address
James Coney Island, 1750 Stebbins Drive, Houston, Texas, 77043