1. These Terms and Conditions and Official Rules govern the Great Gaglione Cheesesteak Giveaway or the G.G.C.G referred herein as "Sweepstakes" sponsored by Gaglione Bros. Famous Steaks & Subs, located in San Diego, California 929110.
2. Eligibility. Open only to persons of which:
- Is a legal resident of the fifty (50) United States, United States territories and Canada; and
- 21 years and older on date of entry; and
- Employees of Gaglione Bros. Famous Steaks & Subs and their affiliates, vendors, contractors, and advertising or promotion agencies (the "Sponsors"), or members of their immediate families or households are ineligible to participate in the sweepstakes.; and
- Is of good moral character, has never been convicted of a crime of any nature (other than a misdemeanor that did not involve personal injury, drugs or alcohol), and has nothing in his/her background that would be an embarrassment to Sponsor should the Entrant be selected as the winner of the Sweepstakes; and
- Is willing to comply in full with these Official Rules and all other terms and conditions of the Sweepstakes; and
- Is not excluded from eligibility by these Official Rules and/or the other terms and conditions of the Sweepstakes; and
- Void where prohibited by law. All Federal, State, and local laws apply.
3. ENTRY REQUIREMENTS/CLEARANCES: All of the below requirements and criteria are collectively referred to herein as the "Requirements & Clearances."
- Automatic Disqualification: In the event any Entry does not effectively meet the Requirements & Clearances, the Sponsor will disqualify and discard the Entry either immediately or at any time during the Sweepstakes. Sponsor reserves the right to remove any Entry that does not meet these Requirements. - Publicity Release: By entering the Sweepstakes, the Entrant (and each member of such Entrant) consents to the use of all information in the Entry, including, without limitation, each member's name, likeness, city of residence and other information, for any and all publicity, or promotional purposes as Sponsor may select in its discretion.
- No Infringement. The content of the Entry must not infringe any person's or entity's rights (including, without limitation, intellectual property rights) in any way, including without limitation, the use, without permission, of any copyrighted material, trademarks, logos, company names, labels, symbols, store or building facades, music, photographs, works of art, or images that have been created, distributed, aired or published in any media.
- No Names and Likeness Without Permission: Unless express prior written permission has been obtained, an Entry must not include any individuals' names (other than those of Entrant or any members of Entrant), in whole or in part, refer to public figures, or contain materials embodying the names, likenesses, photographs, or other identifying elements of any person, living or dead.
- Obtain Third-Party Releases: If the Entry contains any material or elements that are not owned by either member of the Entrant and/or are subject to the rights of third parties, including, without limitation, Entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents in writing necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness releases for any person who appears in or is identifiable in the Entry.
- No Illegal, Offensive or Inappropriate Content: The Entry must not, in the discretion and judgment of the Sponsor, (1) contain words, images or statements considered offensive to individuals of any age, race, ethnicity, national origin, religion, sexual orientation or other protected class, or who are disabled, (2) contain any threats to any person, place, business, group or entity, or contain material that is unlawful, (3) contain materials that promote bigotry, racisms, hatred or harm against any group or individual or promotes discrimination based on age, race, ethnicity, national origin, religion, sexual orientation or other protected class, or disability; (4) contain any materials that depict illegal acts, are sexually explicit, libelous, obscene, violent, hateful, slanderous; (5) contain other inappropriate content which includes, but not limited to, any display of smoking, alcohol, illegal drugs, firearms, harming of animals, nudity, provocative/suggestive outfits or poses, or (6) contain content not in keeping with Sponsor's reputation and image.
4. Entries will be posted at the Website. Sponsor in its discretion reserves the right at any time not to post or to remove any Entry that fails to comply with the standards set forth in Section 3 (and other sections) of these Official Rules.
The Entrant that is drawn randomly will win the prize.
5. SPONSOR'S DISCRETION: Any exercise of discretion by Sponsor shall mean in Sponsor's "sole and unfettered discretion."
7. Term. The promotion begins July 1 at 12AM each year and ends on June 30 at 11:59PM of the following year.
8. How to Enter. No purchase necessary. Go to any Gaglione Bros. Famous Steaks & Subs restaurant and submit a Comment Card with your email address to enter and http://www.gaglionebros.com/ggcgterms.php for full entry details. To enter, you must provide a valid and a valid email address for contact and notice purposes hereinafter. Any purchase made from Sponsors shall not improve the chances of winning this Sweepstakes. Any costs borne by Entrant to submit their entry is the sole responsibility of the Entrant.
9. Prize. Gaglione Bros. Famous Steaks & Subs will choose one winner at random from all eligible Entrants and Entries on the 15th day of each month from all the entries submitted successfully between the first and the last day of the previous month. The winner of the monthly drawings will be one of twelve (12) monthly semi-finalists. The 12 Entrants that have qualified as semi-finalists will each write an essay between 250 and 500 words to express why they should be chosen as the Sweepstakes winner. Of the 12 essay entries, three (3) will be chosen by the Sponsor to present their essay at an on-air appearance on a radio station of the Sponsors choosing. At this on-air appearance, the final winner of the Sweepstakes will be chosen by the Sponsor.
10. Prizes and Approximate Retail Values. Prizes are not transferable. All taxes, licenses, fees, and charges associated with prizes are solely the winner's responsibility. All prize details (including without limitation, method and location of delivery of the prize) are at Sponsor's sole discretion. The approximate retail value of the prizes is $2000.00 USD.
11. Winners. Monthly Winners will be notified by email on or about the 15th of the month following Entry and will be required to sign and return an Affidavit of Eligibility and Publicity/Liability Release form (except where prohibited by law) within thirty (30) days of notification in order to claim the prize. The winner's Affidavit of Eligibility must be complete and include the winner's Social Security number. The winner's Social Security number will be used solely to verify eligibility and for tax reporting purposes. The information in the winner's Affidavit of Eligibility must be correct or the winner will be disqualified. If the winner cannot be contacted, is ineligible, fails to claim the prize, or fails to return the completed and executed Affidavit of Eligibility and Publicity/Liability Release forms as required, or if the Prize Notification is returned as undeliverable, the prize will be forfeited and an alternative winner will be selected.
12. Reservations. By entering this giveaway, each Entrants agrees: (1) to be bound by these rules and Sponsors' decisions; (2) that neither the Sponsors nor any of their officers, directors, employees, agents, or representatives are responsible for claims, injuries, losses, or damages of any kind resulting from giveaway participation or the acceptance, use, misuse, possession, loss of misdirection of any prize; and (3) that the acceptance of a prize constitutes the grant of an unconditional right to use winner's name, address, likeness, photograph, prize information, and/or statements about the promotion for publicity, advertising, and promotional purposes without additional compensation, except where prohibited by law; and (4) that the Sweepstakes may be canceled at any time in Sponsors' sole discretion.
13. DISQUALIFICATION: SPONSOR RESERVES THE RIGHT IN ITS DISCRETION TO DISQUALIFY ANY PERSON WHO TAMPERS OR IS SUSPECTED OF TAMPERING WITH AN ENTRY AND/OR THE LINK BUILDING PROCESS. SPONSOR RESERVES THE RIGHT IN ITS DISCRETION TO DISQUALIFY ALL LINKS FROM LINKS THAT ARE DEEMED TO BE UN-UQUALIFIED. CAUTION: ANY ATTEMPT BY AN ENTRANT, OR ANY MEMBER THEREOF, TO DELIBERATELY DAMAGE ANY WEBSITE, INCLUDING BUT NOT LIMITED TO, THE WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND/OR SEEK DAMAGES AND/OR OTHER RELIEF FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.
14. Conditions of Participation. As a condition of participating, Entrant agrees that: (i) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim punitive, incidental, consequential, or any other damages; (ii) all causes of action arising out of or connected with this Promotion, or any price awarded, shall be resolved individually, without resort to any form of class action; and (iii) any and all claims, judgments, and award shall be limited to actual out of pocket costs incurred, if any, and in no event shall Entrant be entitled to receive attorneys' fees or other legal costs. This Promotion shall be governed by the State of California substantive and procedural law, without giving effect to any choice of law or conflicts of law, rules, or provisions (whether of the State of California or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of California. By participating in this Promotion, Entrant irrevocably consent that California courts shall have personal jurisdiction over any dispute or litigation arising from or relating to this Promotion and the venue shall only be in the Federal and State courts of California.