NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
The Sweepstakes (as defined below) is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
Entry into the Sweepstakes constitutes complete agreement and acceptance of (i) these Official Rules, and (ii) the decisions of inKind Cards Inc. (the "Sponsor") by the Entrant (as defined below).
- Service Providers, Contractors, Advertisers, & Suppliers of Sponsor or Restaurants (collectively, "Sponsor Service Providers"); &
- Persons in the immediate family (defined as spouses, registered partners, IRS dependents, biological, adoptive, or step- children or parents, and each of their respective spouses or registered partners) or those persons residing at the same address as Sponsor Personnel or Sponsor Service Providers.
- Sponsor – The Sweepstakes is sponsored by inKind Cards Inc., located at 600 Congress Avenue, 17th Floor, Austin, Texas 78701.
- Agreement to Rules: By entering the Sweepstakes, Entrants agree to be fully and unconditionally bound by these Official Rules, and Entrants represent and warrant that they meet the eligibility requirements set forth herein. In addition, Entrants agree to accept the decisions of Sponsor as final and binding as it relates to the content.
- Entry Period: Entries will be accepted online starting on November 1, 2022, at 12:00pm Central Time and ending November 16, 2022, at 11:59pm Central Time. Entries received before or after this period will be discarded.
- Five (5) Winners (as defined below) will be selected to dine with one (1) guest of each Winner's choosing at an Applicable Restaurant (as defined below) at inKind's expense, up to a food and beverage credit ("F&B Credit") limit of Five Hundred Dollars ($500), such F&B Credit to be deposited directly into the Entrant's inKind account (the "Prize"). THE PRIZE MUST BE REDEEMED BY FEBRUARY 28, 2023. Any unused F&B Credit will be forfeited after meal payment. The F&B Credit may only be redeemed at the Applicable Restaurant, and does not have value at any other merchant. THE PRIZE CANNOT BE REDEEMED WITHOUT A WORKING SMARTPHONE CAPABLE OF RUNNING THE INKIND MOBILE APPLICATION.
- Prize dinners may take place at any of the following restaurants (the "Applicable Restaurants"):
- Ariete, located at 3540 Main Hwy., Coconut Grove, FL 33133;
- Bazaar Meats, located at 120 N Upper Wacker Dr, Chicago, IL 60606;
- elcielo, located at 1280 4th St. NE, Washington, D.C., 20002;
- Ember, located at 800 W. Cesar Chavez St., Austin, TX 78704;
- Providence, located at 5955 Melrose Ave, Los Angeles, CA 90038;
- The Musket Room, located at 265 Elizabeth St., New York, NY 10012;
- Omakase, located at 665 Townsend St., San Francisco, CA 94103; and
- Wakuda, located at 3355 S. Las Vegas Blvd., Las Vegas, NV 89109.
- The specifics of the Prize shall be solely determined by the Sponsor. No cash or other prize substitution is permitted except at Sponsor's discretion. The Prize is non-transferable. Any and all Prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the Winner. No substitution of the Prize or request for the cash equivalent by Winner is permitted. Acceptance of the Prize constitutes permission for Sponsor to use Winner's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law. Winner is solely responsible for any tips and/or gratuities.
- The Prize does not include any tips, gratuities, travel expense, or lodging accommodation.
- How to Enter: During the Entry Period, Entrants may enter two ways:
- Entries in Connection with a Purchase: The Sweepstakes may be entered by registering on the Sweepstakes site, located at (inkindvip.com/finedininggiveaway), and then redeeming One Hundred Dollars ($100) of F&B Credit from Entrant's inKind account at a restaurant within the inKind network through the inKind mobile application. Upon the completion of the transaction, the Entrant will automatically receive one (1) entry and be entered for a chance to win the Prize. Entrants may spend F&B Credit as often and as much as they desire. However, each Entrant is limited to the maximum applicable Entry Limit (as defined below).
- Free Entries: The Sweepstakes may be entered by following the instructions on the Sweepstakes site, located at (inkindvip.com/finedininggiveaway), clicking on the "Enter for Free" link, and completing the Alternative Method of Entry form which allows for creation of a non-funded inKind mobile account. Upon submission of the form, Entrants will automatically receive one (1) free entry to win the Prize. Entrants may submit the Alternative Method of Entry form as many times as desired, but Entrants are limited to the applicable Entry Limit (as defined below).
- Entry Limit: The Entry Limit for the Prize is One (1) Entry. The Entry Limit applies to all entries, regardless of the method of entry. If an Entrant exceeds the Entry Limit, all entries over the Entry Limit (in order of receipt) will be void and ineligible to win.
- Entry Limitations: Entrants that do not adhere to the eligibility requirements or Official Rules may be disqualified at the sole discretion of Sponsor. You must fill in the information requested. Incomplete, corrupted, or untimely entries are void and ineligible to win. Proof of submission will not be deemed to be proof of receipt by Sponsor. You may not enter more times than indicated by using multiple email addresses, identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules, your entries may be removed from eligibility at the sole discretion of Sponsor.
- Odds: The odds of winning depend on the number of eligible entries received.
- Winner Selection & Notification: Random drawings held under the supervision of the Sponsor will take place by November 18, 2022, to select an entry for each Applicable Restaurant (the "Winner" or "Winners"). The Winner will be notified via email to the email address they used to enter the Sweepstakes within five (5) business days following the Winner selection. Sponsor shall have no liability for a Winner's failure to receive notices due to Winners' spam, junk e-mail or other security settings or for Winners' provision of incorrect, inactive, or otherwise non-functioning contact information. Sponsor reserves the right to modify the Winner notification if the Prize is forfeited and an alternate Winner is selected.
- Winner Disqualification: If the selected Winner cannot be contacted, is ineligible, fails to claim the Prize within ten (10) business days from the time the award notification was sent, refuses to accept the Prize, or fails to timely return Sponsor's Affidavit of Eligibility, Release of Liability, and Publicity Release (if legally permissible), the Prize will be forfeited, and an alternate Winner selected.
ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED AND AN ALTERNATE WINNER SHALL BE SELECTED.
- Compliance with the Law: The receipt by Winner of the Prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations.
- Rights Granted by Entrants: By entering the Sweepstakes and where permitted by law, Entrants understand, acknowledge, and permit Sponsor, anyone acting on behalf of Sponsor, or its respective licensees, successors and assigns to print, publish, broadcast, distribute, and use Winner's name, picture, voice, likeness, image, city and state of residence, biographical information and/or any statements made by Winner about the Sponsor or the Sweepstakes worldwide, in perpetuity, in all media now known or hereafter devised, as news, publicity or information and for trade, advertising, public relations, marketing, and promotional purposes without any further compensation.
- Terms & Conditions: Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes should Sponsor determine a virus, bug, non-authorized human intervention, fraud or other cause beyond its control corrupts or affects the administration, security, fairness or proper conduct of the Sweepstakes, or if changes in the law or misinterpretation of the law prohibit this Sweepstakes. In such case, Sponsor may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes, website, or mobile application or violates these Terms & Conditions.
Sponsor has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void entries 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 sweepstakes rules; or the use of bots, macros or scripts or other technical means for entering.
Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
- Limitation of Liability: Sponsor and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors are not responsible and will have no obligation or liability resulting from 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 sweepstakes and/or his/her acceptance, possession, use, or misuse of the Prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Sweepstakes; (v) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries.
- Governing Law: This sweepstakes is governed by the laws of the United States of America and the states in which a participating restaurant is located and a Prize may be redeemed, without respect to conflict of law doctrines. Void where prohibited.
- ARBITRATION: AS A CONDITION OF PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANT AGREES THAT ANY AND ALL DISPUTES WHICH CANNOT BE RESOLVED BETWEEN THE PARTIES, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, IN BINDING ARBITRATION TO BE HELD IN AUSTIN, TEXAS. ENTRANTS WAIVE ALL RIGHT TO A JURY TRIAL. FURTHER, IN ANY SUCH DISPUTE, UNDER NO CIRCUMSTANCES WILL PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING REASONABLE ATTORNEYS' FEES, OTHER THAN PARTICIPANT'S ACTUAL OUT-OF-POCKET EXPENSES (I.E. COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES), AND PARTICIPANT FURTHER WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.
- Winners List: The Winners' names will be posted for ninety (90) days at (inkindvip.com/giveaway/winnerslist)
- Severability: If any portion of these Official Rules is held to be invalid or unenforceable, such invalid or unenforceable portions will be interpreted to affect the intent of the original portion, or, if such construction is not possible, the invalid or unenforceable portion will be severed from these Official Rules but the remaining portions of these Official Rules will remain in full force and effect.