Spire Birmingham Restaurant Week Giveaway Sweepstakes
SPIRE™ BIRMINGHAM RESTAURANT WEEK - WINTER 2023 - GIVEAWAY SWEEPSTAKES
OFFICIAL SWEEPSTAKES RULES – 2023
1. NO PURCHASE NECESSARY TO ENTER OR TO WIN. PURCHASE WILL NOT INCREASE ONE’S CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PARTICIPATION IN THE STATE OF ALABAMA ONLY. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. THIS SWEEPSTAKES IS VOID WHERE PROHIBITED BY LAW. THE ODDS OF WINNING DEPEND ON THE NUMBER OF ENTRIES RECEIVED.
2. Sponsor and Sweepstakes Period: The Spire™ Birmingham Restaurant Week - Winter 2023 - Giveaway Sweepstakes (the “Sweepstakes”) is sponsored by Spire, Inc. at 700 Market Street, Saint Louis, Missouri 63101 (“Sponsor”). The Sweepstakes begins at 12:00pm Central Standard Time (“CST”) on January 26, 2023 and ends on February 4, 2023 at 12:00pm CST (the “Sweepstakes Period”).
Eligibility for entry into the Sweepstakes will cease at the applicable time and date, and all entries received thereafter will be considered disqualified and will be ineligible for participation. If Sponsor does not receive your entry for any reason, or if your entry is not entered correctly, the entry will be invalid and you will be ineligible to participate or win. The Sponsor’s clock will be the official clock of the Sweepstakes.
3. How to Enter:
Vote for your favorite restaurant online at bhamrestaurantweek.com/bestofbrw; enter to win the Spire prize package.
All votes must be complete by the applicable dates and times set forth in Section 5 herein. One entry per person. Automated entries are prohibited, and the use of automated devices will cause disqualification. All entries will be deemed to have been submitted by the voter from which the votes are received. One (1) vote shall count as one (1) entry into the Sweepstakes.
The entry must not contain material that violates or infringes the rights of a third party, including without limitation, privacy, publicity, or intellectual property rights.
The entry must not disparage Sponsor or any other person or party affiliated with the Sweepstakes.
The entry must not contain any brand names, trademarks, or copyrights other than those owned by Sponsor.
The entry must not contain material that is, in the Sponsor’s sole discretion, deemed to be inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous, and/or libelous.
The entry must not contain material that is, in the Sponsor’s sole discretion, deemed to promote bigotry, racism, hatred, or harm against any group or individual, or to promote discrimination based on race, gender, religion, nationality, disability, sexual orientation, and/or age.
The entry must not contain any material that is unlawful, in violation of, or contrary to the laws or regulations in any state where the entry is created.
The entry must not have been submitted or have won in any other promotion, sweepstakes, or contest.
All entries that Sponsor deems in its sole discretion to have been automated, mass-produced, or otherwise mechanically reproduced shall be ineligible and shall not be accepted. All entries become the sole and exclusive property of Sponsor and will not be returned. Receipt of entries may not be acknowledged, and proof of submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, damaged, postage-due, stolen, or misdirected mail entries. Entry forms that are mutilated, tampered with, illegible, invalid, or incomplete are not eligible and will not be accepted.
By participating in this Sweepstakes, each participant acknowledges that the details of its entry may be used in Sponsor’s advertising and marketing materials, both digital and print, and on Sponsor’s website and social media outlets, in Sponsor’s sole discretion. Specifically, by entering the Sweepstakes, the participants agree that the Sponsor and its Representatives may use (or refrain from using) information from the participant’s entry, including the photograph, for any and all advertising and promotional purposes in any and all media now known or hereafter invented (including but not limited to digital and print media) without territorial or time limitations and without further consideration, at the sole discretion of the Sponsor, unless prohibited by law, without notice to the participant. Further, submission of an entry grants the Sponsor and/or its Representatives the exclusive right to use, edit, illustrate, abridge, modify, and publish the entry, including the photograph or video, in any way for any and all purposes in any and all media whether now known or hereafter invented (including but not limited to print and digital media) without territorial or time limitations and without further consideration, at the sole discretion of the Sponsor. The participants will have no right of approval, no claim to any compensation, and no claim arising out of the use, alteration, distortion, or illusionary effect or use in any composite form of the participant’s entry. By submitting an entry, participant agrees that the submission is gratuitous, made without restriction, and will not place the Sponsor under any obligation. Sponsor is free to disclose the ideas contained in the entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to the participant. Participant acknowledges that by acceptance of its entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from the sources other than the participant. Finally, by accepting the Prize (defined herein), the winner agrees that the Sponsor and its Representatives may use (or refrain from using) the winner’s name, biographical information, pictures, video, or other digital representation thereof, whether now in existence or created in the future for any and all advertising and promotional purposes in any and all media now known or hereafter invented (including but not limited to digital and print media) without territorial or time limitations and without further consideration, at the sole discretion of the Sponsor, unless prohibited by law. The winner will have no right of approval, no claim to any compensation, and no claim arising out of the use, alteration, distortion, or illusionary effect or use in any composite form of the winner’s name, biographical information, pictures, video, or any other digital representations thereof.
4. Prize: [One (1) Prize]: One (1) winner will be awarded one (1) prize consisting of $500 (1 winner -- Le Creuset Signature Enameled Cast Iron Oval Dutch Oven or comparable item and a $250 gift card to BRW participating restaurants as part of the Spire® Prize Package.*)
Sponsor will pay for the cost of shipping or delivering the Prizes to the respective winners. The Prizes are awarded AS-IS and WITHOUT ANY WARRANTY OF ANY KIND, expressed or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose. The winner may be required to provide his/her Social Security Number for tax reporting purposes. The winner may be issued an IRS 1099 form for the value of the Prize. Winners may waive their right to receive any Prize. Prizes are non-assignable and nontransferable. No Prize substitutions or cash redemptions will be permitted. Prizes and individual components of the prize packages are subject to availability, and Sponsor reserves the right to substitute prizes of equal or greater value. Winners are solely responsible for title, insurance, and license fees, registration fees, all taxes (including sales tax), insurance, options and upgrades, and all other costs associated with claiming, registered, and/or using the Prizes. All Prizes may not be awarded. Total approximate retail value of all Prizes in the Sweepstakes is: $500.00. The odds of winning each of the Prizes are determined by the number of eligible entries received.
5. Drawing: A random drawing among all eligible entrants submitted properly prior to each of the following date will be held in order to select a potential winner:
Drawing held on: 10:00am CST on Feb. 10, 2023. All eligible entries should be received by 12:00pm CST Feb. 5, 2023.
Only participants who comply with all terms and conditions of these Official Rules will be eligible to win. Winners will be notified of their win within two (2) days of the date of the respective drawing that they won via the email address associated with the winning post. Winners must confirm receipt of the Prize notification within twenty-four (24) hours of the date of the Prize notification. If potential winner cannot be reached via email, if any Prize notification is returned as undeliverable, if any potential winner rejects his/her Prize, or in the event of noncompliance with these Official Rules, the potential winner may be disqualified, his/her interests in the Prize may be forfeited, and Sponsor may choose, in its sole discretion, whether to select a substitute winner from among all the remaining eligible entries may be selected by random drawing. Upon Prize forfeiture, no compensation will be given. All substitute winners are subject to all requirements set forth in these Official Rules. Upon receipt of all required responses, information, and/or executed releases if applicable, Sponsor will deliver the Prize to the winner at the event for which the winner’s tickets are applicable.
6. Eligibility and Conditions: The Sweepstakes is open to all legal residents of the State of Alabama who are eighteen (18) years or older at the time of entry. Sponsor does not warrant that this Sweepstakes is valid in any particular jurisdiction. Participants of jurisdictions where this Sweepstakes is prohibited are ineligible to participate herein. Employees of the Sponsor and its subsidiaries, affiliates, advertising and promotion agencies and their immediate family members and/or those living in the same household are not eligible to enter or win. All winners may be required to complete an affidavit of eligibility and liability and, where legal, a publicity and liability release, within three (3) business days of Prize notification. Failure to execute any requested documents will result in forfeiture of the Prize. Winning is contingent upon fulfilling all requirements. All winners must provide a valid U.S. address to receive their Prize. Participation and/or acceptance of the Prize constitute participant’s full and unconditional agreement to these Official Rules, which are final and binding in all matters related to the Sweepstakes. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISION IS FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. A PARTICIPANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE SWEEPSTAKES SO INDICATES, UNLESS AND UNTIL THE PARTICIPANT’S ELIGIBILITY HAS BEEN VERIFIED. SPONSOR WILL NOT ACCEPT EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. Winning the Prize is contingent upon fulfilling all requirements set forth in these Official Rules.
7. Liability: Participants agree to hold Sponsor and its agents, affiliates, parent companies, subsidiaries, partners, representatives, agents, successors, and assigns, and their respective employees, officers, and directors harmless from all liability, damage, injury, loss, cost, or expense of any kind, without limitation, property damage, personal injury, and/or death, which may occur in connection with preparation for, travel to, or participation in the Sweepstakes, or possession, acceptance, and/or use or misuse of any Prize or participation in any Sweepstakes-related activity, and for any claims based on publicity rights, defamation, or invasion of privacy and merchandise delivery. Sponsor is not responsible if Sweepstakes cannot take place or if any Prize cannot be awarded due to acts of war, natural disasters, weather or acts of terrorism. Participants further agree that Sponsor is not responsible or liable for: 1) any incorrect or inaccurate information, whether caused by entrants, printing errors, or by any of the equipment or programming associated with or utilized in the Sweepstakes; 2) technical malfunctions or failures of any kind, including without limitation, malfunctions, interruptions, or disconnections in the postal service, telephone network, computer online system, computer dating mechanism, computer equipment, software, or any combination thereof; 3) unauthorized human intervention in any part of the Sweepstakes; 4) technical or human error which may occur in the administration of the Promotion or the processing of the entries; or 5) any injury, damage, or loss to persons or property which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Sweepstakes or receipt, possession, acceptance, and/or use or misuse of any Prize.
8. Participation: By participating in the Sweepstakes, participants agree to be bound by these Official Rules and the decisions of the Sponsor which will be final and binding in all matters relating to the Sweepstakes, and except where limited, consent to Sponsor’s use of the content and/or photographs submitted, including their names, pictures, and likeness to be used for advertising, publicity and trade purposes without notice or additional compensation. Sponsor reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of the Sweepstakes as solely determined by the Sponsor. In the event the Sweepstakes is compromised by a virus, nonauthorized human intervention, tampering, fraud, or other causes beyond the control of Sponsor which corrupt or impair the administration, security, fairness, or proper operation of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to suspend, modify, or terminate the Sweepstakes at any time. Should the Sweepstakes be terminated prior to the stated expiration date, Sponsor reserves the right to award Prizes based on the eligible entries received before the termination date. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
9. Right of Non-Participation: Pursuant to federal law, any participant has the right to notify the Sponsor that he/she does not wish to be contacted by the Sponsor regarding any future sweepstakes, contests, or mailings and that Sponsor may not use any information provided to it by such participant for any purposes other than as needed for this Sweepstakes. The Sponsor may be so notified by mail at Spire, Inc., Attn: Social Media Sweepstakes at 700 Market Street, Saint Louis, Missouri 63101.
11. Disputes: Except where prohibited, participant agrees that: 1) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a state of federal court located in Saint Louis, Missouri; 2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, if any; and 3) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the participant and the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Missouri, without giving effect to any choice of law or conflict of law rules (whether of the State of Missouri or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Missouri.
12. Winners List and Rules Request: The decisions of Sponsor regarding the selection of the winners and all other aspects of the Sweepstakes shall be final and binding in all respects. To obtain a copy of a list of winners or the Official Rules, send a self-addressed stamped envelope by March 31, 2023 to Spire Inc., Attn: BHAM Restaurant Week - Winter 2023 - Sweepstakes at 700 Market Street, Saint Louis, Missouri 63101.
13. Third Parties: This Sweepstakes is in no way sponsored, endorsed, affiliated with, or administered by Facebook or any other third party social media outlet. Participant is providing its information to Sponsor and hereby releases and agrees to hold Facebook or any other third party social media outlet harmless from any and all liability, claims, or actions of any kind whatsoever for any injuries, damages, or losses of any kind in connection with this Sweepstakes.