Detail of a formal table setting at a private event

 

Truluck’s Holiday Moments Gift Card Facebook Contest/Giveaway

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

These Official Rules govern Truluck’s Holiday Moments Gift Card Giveaway (the “Giveaway”) sponsored by Truluck’s (the “Sponsor”) and administered by The Motion Agency Inc. (the “Administrator”).

This Giveaway is in no way sponsored, endorsed or administered by, or associated with Facebook Inc. nor Instagram. Information is being provided to the Sponsor (defined above), not to Facebook Inc. nor Instagram. Any questions, comments or complaints regarding the Giveaway must be directed to the Sponsor and not to Facebook Inc. nor Instagram. Your participation in this Giveaway must always comply with all applicable Facebook and Instagram terms of service. By entering this Giveaway, entrant agrees to release Facebook and Instagram from any and all claims related to this Giveaway. In the event of any violation of such terms of service, the Sponsor may, in its sole and absolute discretion, disqualify you from the Giveaway.

  1. Giveaway Period: Giveaway begins at 12 p.m. CST December 6, 2019 and ends January 3, 2020 at 12 p.m. CST (the “Giveaway Period”). Administrator’s computer is the official timekeeping device for the Giveaway.
  2. Eligibility: Giveaway open only to legal residents of the forty-eight (48) contiguous United States and the District of Columbia, not including Alaska, Hawaii or Puerto Rico, who are 18 years of age or older at time of entry. Employees of Truluck’s, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the contest. Giveaway is subject to all applicable federal, state and local laws and regulations and is void where prohibited by law. By entering, winners certify that they meet all eligibility requirements.
  3. Agreement to Official Rules: Participation in this Giveaway constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to this Giveaway. By entering, winners certify that they meet all eligibility requirements. Sponsor reserves the right to disqualify entrants for failure to comply with these Official Rules.
  4. To Enter: NO PURCHASE NECESSARY. This Giveaway takes place on the social media application Facebook (“Facebook” or “Application”) and requires you to have a valid user account with the Application(s) to enter. Registration is free: download the Application(s) onto your computer, smartphone or tablet device and follow the onscreen instructions to register.
  5. Log on to Facebook and either sign in if you are already a registered user or create an account. Then visit a Truluck’s location page and follow terms outlined via the Giveaway post for each Truluck’s location page. Comment on the corresponding Giveaway post with your own submission to the Truluck’s Holiday Moments Gift Card contest, sharing a memory, funny moment or recollection around past holiday experiences in your submission/comment. You will be automatically entered into the Giveaway if the above requirements are met. Only one entry/comment per Facebook account is permitted during the Giveaway Period. Sponsor does not guarantee the public posting of any entry and reserves the right, in its sole discretion, to hide or delete your submission for any reason, including, but not limited to, if it contains any content that infringes upon the intellectual property rights of any third parties or contains obscene, lewd or offensive language.
  6. Multiple comments are not valid. Anyone found using fake or multiple accounts to enter the Giveaway will be ineligible to participate in the Giveaway. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and will be disqualified. In the event of a dispute, the potential winner may be required to provide proof that he or she is the authorized holder of the identified Facebook account. Sponsor is not responsible for entries that are lost, late, illegible or otherwise deficient or incompletely received for any reason. Sponsor is not responsible for technical, hardware or software failures or errors of any kind; lost or unavailable network connections; or incomplete, garbled or delayed computer transmissions. Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or otherwise in violation of these Rules. Sponsor further reserves the right to cancel, terminate or modify any promotion not capable of completion as planned, including by tampering, unauthorized intervention or force majeure.
  7. Prizes: There will be 3 Winners of the contest. Winner(s) of the contest (the “Winner”) will receive a $500 Truluck’s Gift Card. The specifics of the prize shall be solely determined by Truluck’s. No cash or other prize substitution shall be permitted except at Truluck’s discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, wait staff tip for service, etc. shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Truluck’s to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
  8. Odds: The odds of winning depend on the number of eligible entries received.
  9. Winner Selection and Notification: Winner will be selected by the General Manager of each location under the supervision of Truluck’s National Director of Marketing. Winners will be publicly announced on Wednesday, January 8, 2020.

Truluck’s shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 5 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited, and an alternate Winner selected. Receipt by Winner of the prize offered in this contest is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT TRULUCK’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

  1. Rights Granted by You: By entering this content (e.g., photo, video, text, comment, etc.), you understand and agree that Truluck’s, anyone acting on behalf of Truluck’s, and Truluck’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the contest, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent.
  2. Terms & Conditions:Truluck’s reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the contest should virus, bug, non-authorized human intervention, fraud, or other cause beyond Truluck’s control corrupt or affect the administration, security, fairness, or proper conduct of the contest. In such case, Truluck’s may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Truluck’s. Truluck’s reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the contest or website or violates these Terms & Conditions. Truluck’s has the right, in its sole discretion, to maintain the integrity of the contest, to void entrees for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by contest rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the contest may be a violation of criminal and civil laws. Should such attempt be made, Truluck’s reserves the right to seek damages to the fullest extent permitted by law.
  3. Limitation of Liability: By entering, You agree to release and hold harmless Truluck’s and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
  4. Disputes: THIS contest IS GOVERNED BY THE LAWS OF the United States AND Texas, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this contest, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Texas having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this contest). Participant further waives all rights to have damages multiplied or increased.
  5. Release: By entering the Giveaway, entrants agree to release and hold harmless, Sponsor, Administrator and its related companies, and each of their respective officers, directors, employees and agents from and against any claim or cause of action arising out of participation in the Giveaway or receipt or use of any prize. By accepting the Prize, winners consent to the use of their name, voice, picture or other likeness without further compensation, notification, permission or other consideration for all promotional purposes in any and all media now known or hereafter devised, including the Internet, except where prohibited by law.
12. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Giveaway, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Giveaway, as determined by Sponsor in its sole discretion. If terminated Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible entries received up to time of such action. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated entries. Any attempt by any person to deliberately undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

TERMS & CONDITIONS

ACCEPTANCE OF TERMS OF USE

By use of this web site, you accept and agree to all terms, conditions and notices contained or referenced on the web site (“Terms of Use”). Please read the following terms carefully. If you do not agree to the Terms of Use, do not use this site. Truluck’s Restaurant Group, Inc., and its affiliates, subsidiaries and/or assigns (collectively referred to hereafter as “Truluck’s”) reserves the right to update or revise the Terms of Use at anytime, and you should therefore check the Terms of Use periodically for changes. Use of the web site following changes to the Terms of Use constitutes your acceptance of those changes.

 

WEB SITE OWNERSHIP

 

The web site www.trulucks.com is owned and operated by Truluck’s Restaurant Group, Inc. Copyright © 2019, Truluck’s Restaurant Group, Inc. All rights reserved.

PROPRIETARY RIGHTS

You acknowledge and agree that all content and materials on this web site, or made available to you through this web site, are protected by applicable intellectual property and other laws, and that you do not own or otherwise have a proprietary interest in or right to use such content and materials. Unless authorized in writing by Truluck’s, you agree not to sell, license, modify, rent, lease, loan, distribute, copy, reproduce, transmit, publicly display, publish, adapt, or edit, in whole or part, such content and materials, or create derivative works thereof, including, without limitation, fonts, icons, link buttons, wall paper, desktop themes, on-line postcards, greeting cards or unlicensed merchandise. Requests to reproduce or distribute the content or materials found on this web site can be made by writing Truluck’s Restaurant Group, Inc. at Truluck’s Restaurant Group, Ltd. 9601 Katy Freeway #210
Houston, TX 77024

DISCLAIMER

Your use of the web site is at your sole risk. All content, materials, information, software, products and services included in or available though this web site (collectively, the “Content”) are provided on an “as is” and “as available” basis. Truluck’s expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Truluck’s makes no warranty that the Content (a) will meet your needs or requirements, or is of a certain quality, (b) is accurate, reliable or correct, (c) will be available on the web site at any specific time or location, (d) will be available on the web site uninterrupted, secure or error-free, or (e) is free of viruses or other harmful components. No advice or information available on the web site shall create any warranty not stated in the Terms of Use. Any material which you download or obtain via other means from the web site is done at your own risk. In the event a jurisdiction does not allow the exclusion of certain warranties, Truluck’s warranties in such jurisdiction shall be limited to the extent permitted by law.

LIMITATION OF LIABILITY

Under no circumstances shall Truluck’s Restaurant Group, Inc., or any of its subsidiaries, parents, affiliates, franchisees, agents, employees, licensees, subcontractors, or any third party providers be liable to you for any direct, indirect, incidental, special, circumstantial or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Truluck’s Restaurant Group, has been advised of the possibility of such damages), that result from the use or inability to use this web site. The foregoing limitation applies regardless of the nature or theory of law upon which such any alleged liability is based. In the event a jurisdiction does not allow the exclusion or limitation of certain damages, Truluck’s Restaurant Group’s liability in such jurisdiction shall be limited to the extent permitted by law.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Truluck’s Restaurant Group, Inc., its parents, subsidiaries, affiliates, franchisees, and/or assigns together with their respective employees, agents, directors, officers and shareholders, from and against all liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this web site, your failure to use the site, your breach or alleged breach of the Terms of Use or your breach of the copyright, trademark, proprietary or other rights of third parties.

THIRD-PARTY WEB SITES

To the extent this site may link you to, or provide a link to, other sites on the Internet, Truluck’s Restaurant Group is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of those web sites. Links to third-party web sites does not imply any endorsement of, or association with such web sites by Truluck’s Restaurant Group.

CHOICE OF LAW AND FORUM

These Terms of Use will be governed by and construed in accordance with the laws of the state of Texas, without regard to its conflicts of laws provisions. You and Truluck’s Restaurant Group expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the web site shall be in the state or federal courts of the state of Texas, Harris County, and you agree and submit to the exercise of personal jurisdiction of such courts over you for the purpose of litigating any such claim or action.

LINKING

Truluck’s Restaurant Group does not represent that the content on this web site is appropriate or available for use in locations outside the United States, and therefore, accessing the web site from locations where the contents are illegal is prohibited. To the extent you access the web site from such locations, you do so at your own risk and are solely responsible for compliance with local laws.

WAIVER AND SEVERABILITY

The failure of Truluck’s Restaurant Group to exercise or enforce any right arising from the Terms of Use, a violation of the Terms of Use, or your use of the web site shall not constitute a waiver of such right or provisions. In the event any part of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, you and Truluck’s Restaurant Group agree that the court should construe that part in a manner consistent with applicable law to reflect as nearly as possible, the original intention of the parties, and the other provisions of the Terms of Use shall remain in full force and effect.

TERMINATION

Truluck’s Restaurant Group reserves the right, in its sole discretion, to terminate or block your access to all or part of this web site, with or without notice.

CALIFORNIA ONLINE PRIVACY PROTECTION ACT

As required by the California Online Privacy Protection Act (“California Act”) and the California Business and Professions Code, this Privacy Policy identifies the categories of personally identifiable information that we collect through our website about individual consumers who use or visit our website and the categories of third-party persons or entities with whom such personally identifiable information may be shared.

Depending on the visitor’s activity at our website, certain “personally identifiable information” (as that term is defined in the California Act) may be collected, in addition to information set forth in other sections of this document. For purposes of the California Act, the term “personally identifiable information” means individually identifiable information about an individual consumer collected online by us from an individual and maintained by us in an accessible form, and may include any of the following: (1) a first and last name; (2) a home or other physical address, including street name and name of a city or town; (3) an email address; (4) a telephone number; (5) any other identifier that permits the physical or online contacting of a specific individual; and (6) information concerning a user that the web site collects online from the use, and maintains in personally identifiable form, in combination with an identifier described within this Privacy Policy.