Legal
Legal
Official Rules
NO PURCHASE IS NECESSARY TO PARTICIPATE. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF BEING SELECTED TO PARTICIPATE. VOID WHERE PROHIBITED AND OUTSIDE THE DESIGNATED ZIP CODE AREA. Subject to all federal, state and local laws, regulations, and ordinances. In the event of any inconsistency with any advertising or other materials, these Official Rules shall govern.
FOR DETAILS ABOUT THE FIRST 100® 12-HOUR CAMPOUT AT A SPECIFIC NEW CHICK‑FIL‑A RESTAURANT, PLEASE VISIT https://thechickenwire.chick-fil-a.com/News/Future-Openings (THE “PROMOTION WEBSITE”) AND REVIEW THE DETAILS PROVIDED FOR THE PROMOTION BEING CONDUCTED AT THAT PARTICIPATING RESTAURANT. EACH FIRST 100® 12-HOUR CAMPOUT AT A PARTICIPATING RESTAURANT LOCATION IS CONSIDERED A SEPARATE PROMOTION.
Sponsor: The Chick-fil-A® First 100® 12-Hour Campout (“Promotion”) is sponsored by Chick‑fil‑A, Inc. and the Chick‑fil‑A franchised operator identified on the Promotion Website as hosting the grand opening of the new Chick‑fil‑A restaurant (“Participating Restaurant”) (collectively, the “Sponsor”).
Eligibility: Promotion is open only to legal residents of the 50 United States and the District of Columbia, who as of the date of entry: (a) are 18 years of age (or the age of majority[1] in the state of the Promotion) or older and (b) either (i) reside within one of the eligible zip code areas listed for the Participating Restaurant on the Promotion Website (“Eligibility Area”) or (ii) qualify as an Eligible College Student. You may not participate in the Promotion if you were a Participant in a Chick-fil-A® First 100® 12-Hour Campout or First 100® Red Carpet Rollout within the last seven (7) days prior to the Selection Period for this Promotion. You must provide a valid and physical U.S. government-issued photo ID to verify your eligibility to participate. If your U.S government-issued photo ID does not reflect your current residence, you may provide one of the alternative documents listed on the Promotion Website to evidence your eligibility. To qualify as an Eligible College Student, you must be currently enrolled in and attend a fully-accredited non-profit college, institute of technology, or university that has its main campus located within the Eligibility Area (“Qualifying School”). Eligible College Students must provide a current, valid, and physical student photo ID issued by the Qualifying School that includes the current calendar year of the Promotion or a copy of their unofficial transcript indicating their current enrollment.
Employees, owners, officers, directors, and representatives of Sponsor, CFA Properties, Inc., Dwarf House Group, LLC and their respective parents, subsidiaries, affiliates, operators, franchisees, licensees, and all of their respective agencies and partners involved in the promotion, development, or administration of the Promotion (collectively, the “Promotion Entities”), as well as the immediate family (spouse, parents, siblings, children, step-parents, step-siblings, and step-children, regardless of where they live) and household members of each employee, owner, officer, director, or representative (whether or not related) of a Promotion Entity are not eligible. EACH POTENTIAL PARTICIPATING PARTY (AS DEFINED BELOW) IS SUBJECT TO VERIFICATION BY SPONSOR. A PARTICIPATING PARTY IS NOT ELIGIBLE TO PARTICIPATE UNLESS AND UNTIL THAT PARTICIPATING PARTY’S ELIGIBILITY HAS BEEN VERIFIED AND THE PARTICIPATING PARTY IS NOTIFIED THAT VERIFICATION IS COMPLETE.
By participating in the Promotion, each Participating Party (or the parent or legal guardian of a Participating Party who is a minor Guest), fully and unconditionally accepts these Official Rules and the decisions of Sponsor (and Sponsor’s personnel and representatives), which are final and binding in all matters relating to the Promotion, and waives any right to claim ambiguity in these Official Rules.
How to Participate:
Promotion consists of two phases: a Selection Period and the Campout.
PHASE ONE – SELECTION PERIOD RULES:
Check the Promotion Website to confirm the entry period for the Participating Restaurant for the Promotion, as times may vary. Unless otherwise stated, the selection period starts at approximately 6:00 p.m. local time the day before the Participating Restaurant opens to the public (“Selection Period Start Time”). Arrive at the designated entry site identified on the Promotion Website for the Participating Restaurant prior to the Selection Period Start Time, notify a Sponsor representative of your desire to participate, and comply with all instructions provided by Sponsor’s representatives. DO NOT ARRIVE MORE THAN THIRTY (30) MINUTES BEFORE THE SELECTION PERIOD START TIME AS YOU MAY BE DISQUALIFIED OR ASKED TO LEAVE AND RETURN. Arriving at the designated entry site more than thirty (30) minutes before the Selection Period Start Time does not improve your chance of being selected to participate. Sponsor representative will check your ID and documents to confirm eligibility. Do not remove items for the Campout from your vehicle until directed to do so.
Selection Process:
If more than 100 eligible individuals are present at the Selection Period Start Time and prepared to participate, each eligible individual will be given one (1) ticket with a unique code (“Ticket”) and entered in a random drawing, which will take place shortly after the Tickets are distributed (“Drawing”). Individuals who arrive after the Selection Period Start Time may not be eligible to participate in the Drawing. No unofficial sign-up sheets or lists will be honored. Sponsor representative will randomly draw one hundred (100) Tickets. Each eligible individual holding a Ticket that has the same code as one of the 100 Tickets drawn by a Sponsor representative will be required to execute the Promotion release and waiver (“Release and Waiver”) prior to being assigned a Promotion number and identified as a “Participant”.
If there are any eligible individuals still present and prepared to participate after Promotion numbers are assigned to 100 Participants, Sponsor representative will randomly draw up to ten (10) additional Tickets to select individuals as Alternates. Each eligible individual holding a Ticket that has the same code as one of the additional tickets drawn will be required to execute the Release and Waiver prior to being assigned an Alternate Promotion number and identified as an “Alternate”. Each Alternate will be numbered 1-10 (or 101-110) based on the order that his or her Ticket was drawn.
A Ticket holder selected in the Drawing must be physically present at the time of the Drawing and must make his or her presence known to the announcer. No proxies or stand-ins are permitted. If a Ticket holder whose Ticket is drawn is not present or fails to make his or her presence known to the announcer, he or she may be disqualified, and an alternate Ticket may be selected. Limit one (1) Ticket per eligible individual. Submission of multiple Tickets by or on behalf of the same individual will result in ineligibility with respect to all Tickets submitted by or for that individual. Odds of being selected as a Participant or Alternate depend on the number of eligible individuals receiving a Ticket for entry into the Drawing.
If there are 100 or fewer eligible individuals present at the Selection Period Start Time who are prepared to participate in the Promotion, Sponsor representative will select individuals and verify eligibility on a first-come, first-served basis up until 100 Participants and ten (10) Alternates are selected or until approximately one (1) hour before the Campout concludes, whichever occurs first. Each eligible individual will be required to execute the Release and Waiver prior to being identified as a Participant or Alternate and assigned a Promotion number.
Tickets and/or Promotion numbers may not be sold, traded, transferred, assigned, donated or auctioned. Sponsor reserves the right to verify the eligibility of all Participants and Alternates. Participants and Alternates must provide all required information and consents on the Release and Waiver, including, without limitation, first and last name, to be eligible to participate in the Promotion. Only individuals meeting all eligibility requirements set forth in these Official Rules may participate.
Subject to complying with these Official Rules, including, but not limited to, remaining in the Campout Area during the entire Campout, each Participant and Alternate will receive the designated Giveaway Item (as defined below).
PHASE TWO – CAMPOUT RULES:
The Campout begins for each Participant and Alternate as soon as that individual: (a) has been selected as a Participant or Alternate and (b) has completed the registration process (which includes but is not limited to executing the Release and Waiver and being assigned a Promotion number). Unless otherwise stated on the Promotion Website for a Participating Restaurant, the Campout concludes at the time determined by Sponsor or its representative, at or prior to opening of the Participating Restaurant after all Giveaway Items have been distributed (e.g., typically at or before 6:00 a.m. local time the day after the Selection Period began). Participants and Alternates understand and agree that the time and date for conclusion of the Campout may change, and Sponsor (or its representative) reserves the right to modify the duration of the Campout, in its sole discretion. All costs and expenses associated with participation in the Campout not identified in these Official Rules are the responsibility of the Participating Party.
Participant and Alternate Participation: Participants (up to 100) and Alternates (up to ten (10)) must remain on the designated areas of the parking lot, landscape area or other location of the Participating Restaurant as designated by Sponsor and Sponsor’s representatives (the “Campout Area”) during the entire Campout in order to be eligible to receive the Giveaway Item at the conclusion of the Campout. Exceptions are made for bathroom breaks and/or to comply with any applicable legal requirement, or otherwise in the sole discretion of Sponsor. Each Participant and Alternate will be given identifying materials with his or her Promotion number written on it (e.g., Promotion wristbands and/or buttons). Identifying materials must be worn at all times during the Campout. If a Participant or Alternate leaves the Campout Area during the Campout and/or fails to comply with these Official Rules, he or she will be disqualified, at the sole discretion of Sponsor. In the event that a Participant is disqualified for any reason, that Participant will be asked to leave the Campout and an Alternate will take the former Participant’s place in the Campout and become a Participant, starting with Alternate number one (1) and continuing as needed to Alternate number ten (10). In the event that an Alternate is disqualified for any reason, the next Alternate in line will take the former Alternate’s place.
Guest Participation: Unless otherwise stated on the Promotion Website for a Participating Restaurant, each Participant and Alternate may be accompanied by up to five (5) guests (each, a “Guest”). Guests must be present at the time of their associated Participant’s or Alternate’s registration and cannot arrive later. Prior to being permitted to participate in the Campout as a Guest, the person must sign the Promotion release and waiver provided by Sponsor. Guests must comply with Sponsor’s instructions during the Campout and not create a decorum or safety issue, as determined by Sponsor, in Sponsor’s sole discretion. A minor may participate as a Guest provided: (a) the minor is at least five (5) years of age or older as of the start of the Selection Period, (b) is accompanied by a parent or legal guardian at all times (who must be a Participant, Alternate, or Guest), and (c) the minor’s parent or legal guardian signs the Promotion release and waiver on the minor’s behalf. Guests will receive identifying materials (e.g., Promotion wristbands or buttons) bearing the Promotion number of their associated Participant or Alternate, and Guests must wear such identifying material(s) at all times during the Campout. Any Guest who leaves the Campout Area (other than for the permitted exceptions in these Official Rules) will not be permitted to return to the Campout. Once a person has been issued identifying material(s) bearing the Promotion number of their associated Participant or Alternate, the identifying material(s) cannot be shared with, or assigned to, any other person. A Participant or Alternate cannot substitute another person once a Guest has been verified and issued identifying material(s).
Additional Rules: Pets and animals (except service animals) are not permitted at the Participating Restaurant during the Promotion. No illegal drugs or alcohol are permitted at the Participating Restaurant at any time. Anyone under the influence of alcohol or illegal drugs will be disqualified from participation in the Promotion and will be required to leave the Participating Restaurant immediately. No propane or open flames are permitted. No skateboards, shopping carts, bikes, scooters, or similar items are permitted. Sponsor may restrict or prohibit the possession of certain other items at any Participating Restaurant, in its sole discretion. Please see the Promotion Website for a list of restricted and prohibited items (which is not exclusive and subject to change or modification at any time in Sponsor’s sole discretion) and other applicable rules and guidelines related to the Promotion.
The purpose of this Promotion is to publicize and promote participation in pre-Grand Opening events at Participating Restaurants. Participants, Alternates, and Guests (collectively, “Participating Parties”, and each, a “Participating Party”) are solely responsible for providing their own shelter, clothing, food, drink, and other items for the Promotion, at their own cost and expense. Sponsor has no obligation to provide any of foregoing items to Participating Parties during the Promotion. Wi-fi and electricity are not guaranteed, so Participating Parties should plan accordingly. Participating Parties should dress appropriately for changing weather conditions. Sponsor, or its representatives, may conduct random checks of Participating Parties during the Promotion to confirm compliance with these Official Rules. If Sponsor determines, in its sole discretion, that a Participating Party has violated these Official Rules, that Participating Party (or, if such Participating Party is a Guest, the Participant or Alternate who invited the Guest) may, in Sponsor’s sole discretion, be disqualified from the Promotion and from receiving the Giveaway Item. Participating Parties agree to abide by all requirements, including safety and decorum conditions, established by Sponsor and may be immediately removed from the Campout Area, at the Sponsor’s sole discretion, for failure to comply with any requirements and/or these Official Rules, or any other reason.
GENERAL RULES AND INFORMATION:
Disclosure Requirements: Participants and Alternates acknowledge and agree that in any of their online social sharing interaction related to the Promotion, including all social media communications sent or posted that reference the Promotion, they will clearly and conspicuously disclose their participation in this Promotion and, as available, tag the Participating Restaurant location. This disclosure should include, at a minimum and in a prominent manner, the hashtag “#ChickfilAFirst100”.
Giveaway Items: Subject to complying with these Official Rules, including, but not limited to, remaining in the Campout Area during the entire Campout, each Participant and Alternate will receive a giveaway item (as identified below) (each a “Winner”). Unless otherwise stated on the Promotion Website for a Participating Restaurant, Giveaway Items are distributed at or shortly after the conclusion of the Campout. Winner must be present at the Campout Area at the time Giveaway Items are provided to receive the Giveaway Item. Limit one (1) Giveaway Item per Participant/Alternate. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of the Giveaway Item not specifically stated herein are the responsibility solely of Winner.
Participant Giveaway Items: Up to one hundred (100) Participant Giveaway Items will be provided, with the final amount depending on the number of Participants remaining at the end of the Campout. Each Participant Giveaway Item consists of: free Chick-fil-A® #1 meals for one (1) year, awarded as a digital offer card pre-loaded with fifty-two (52) Original Chick-fil‑A® Chicken Sandwich meals redeemable at participating Chick-fil-A® restaurants. Each meal includes one (1) Original Chick‑fil‑A® Chicken Sandwich, one (1) medium Waffle Potato FriesTM and one (1) medium drink. Approximate Retail Value (“ARV”) of each Participant Giveaway Item is $325 and may vary depending on the location of the Participating Restaurant. Maximum total ARV of all Participant Giveaway Items is $32,500 and may vary depending on the location of the Participating Restaurant and total number provided.
Alternate Giveaway Items: Up to ten (10) Alternate Giveaway Items will be provided to Alternates, with the final number depending on the number of Alternates remaining at the end of the Campout. Alternate Giveaway Items consist of a gift package as determined by Sponsor, that may include digital offer cards redeemable at participating Chick-fil-A restaurants and Chick-fil-A branded merchandise, as determined by Sponsor. ARV of each Alternate Giveaway Item is $25 and may vary depending on the prize package awarded and the location of the Participating Restaurant. Maximum total ARV of all Participant Giveaway Items is $250 and may vary depending on the location of the Participating Restaurant and total number provided.
Digital offer cards expire if not used within a year after being awarded. Giveaway Items may not be sold, offered for sale, assigned, transferred, offered for transfer, photocopied, duplicated, traded, donated, auctioned, or redeemed or exchanged for cash, merchandise or services, except as determined by Sponsor, in its sole discretion. Digital offer card is not a credit card or debit card and carries no warranties, expressed or implied. Additional terms, restrictions, and exclusions may apply to digital offer cards; see front and back of digital offer card for additional terms and exclusions. Digital offer cards are subject to verification and are void and will be rejected if not obtained through authorized, legitimate channels, or if any part of a digital offer card is determined by any Chick-fil-A personnel to be illegible, forged, reproduced, manipulated, mutilated, counterfeited, or tampered with in any way or if the digital offer card contains printing, typographical, mechanical, or other errors. Sponsor reserves the right to substitute Giveaway Items with an item of comparable or greater value, including, but not limited to, if underlying food products become unavailable for any reason. In the event that the Promotion is cancelled or preempted for any reason, including weather, no rain checks, exchanges, substitution or cash replacement value of a Giveaway Item will be provided, except at the sole discretion of Sponsor.
Sponsor, in its sole discretion, may award de minimis value gift items during the Promotion to Participating Parties. These gift items do not affect the award of any Giveaway Items to Participants or Alternates who comply with the Official Rules. Guests are not entitled to receive and may not be provided any Giveaway Items. gifts AND GIVEAWAY ITEMS are PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED, TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Sponsor reserves the right to, in its sole and absolute discretion, not award a Giveaway Item to any Participant or Alternate. Sponsor is not responsible for and will not replace any lost or stolen Giveaway Item or components of any Giveaway Item. It is the responsibility of Participants and Alternates to be present at the Campout to claim the Giveaway Item. No more than the stated number of Giveaway Items will be awarded. In the event that production, technical, mechanical, typographical, or any other reasons cause more than stated number of Giveaway Items as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right, in its sole and absolute discretion, to award only the stated number of Giveaway Items (previously not awarded) by a fair and reasonable means determined by Sponsor.
Publicity: Except where and as may be prohibited by law, participation in the Promotion constitutes express permission by a Participating Party for Sponsor, and those acting pursuant to the authority of Sponsor, to use such Participating Party’s name, photograph, image, likeness, voice, opinions, hometown, and/or state (“Image”) for advertising, trade, promotion, and publicity purposes in all forms of media now known or hereafter developed (“Promotional Materials”), worldwide in perpetuity, without further notice, review or approval, permission, or compensation. If you do not agree to these terms, you should not participate in the Promotion as a Participating Party.
General Conditions: Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend, or suspend the Promotion should non-authorized intervention, fraud, weather, acts of war, natural disasters, terrorism events, application of law or regulatory requirements, force majeure events or other causes beyond the control of Sponsor corrupt or affect the administration, security, fairness, or proper conduct of the Promotion. Sponsor reserves the right to disqualify any individual it determines, in its sole discretion, is or is attempting or intending to: (a) tamper with any aspect of the operation of the Promotion, (b) defraud Sponsor, (c) undermine the legitimate operation of the Promotion, (d) annoy, abuse, threaten, or harass any other Participating Party, Promotion Entities, or representatives of the Promotion Entities, or (e) act in violation of these Official Rules. In such event(s), Sponsor reserves the right (in addition to disqualification of such individual) to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision. No groups, clubs, newsletters, or organizations may reproduce or distribute any portion of these Official Rules to their members. Anyone who participates in the Promotion through means not permitted by these Official Rules is subject to disqualification.
RELEASE: By participating in this Promotion, each Participating Party, or parent or legal guardian if Participating Party is a minor Guest, agrees to forever release, discharge, indemnify, and hold harmless, the Promotion Entities and Facebook, Inc., Instagram, Inc., Twitter, Inc. and each of their respective officers, directors, owners, employees, agents, affiliates and owner-operators (collectively, the “Released Parties”), from any and all injuries, claims, demands, loss, harm, damage, cost or expense, or liabilities of any kind to any person(s), regardless of the cause (including those arising from the partial or sole negligence of, or any act or omission of, any Released Party), whether known or unknown, including, without limitation, property damage, personal injury, and/or death, arising in whole or in part, directly or indirectly, from (a) acceptance, possession, use, and/or misuse of a Giveaway Item or gift items, (b) participation in this Promotion or any Promotion-related activity, or (c) use or non-use of Participating Party’s Image or any Promotional Materials (including claims based on rights of publicity or privacy, defamation, or for injunctive or other relief). The Released Parties are not responsible for cancellations or delays, or if any Giveaway Item or gift items cannot be provided, or if the Promotion cannot be conducted as planned for any reason due to non-authorized intervention, fraud, weather, acts of war, natural disasters, terrorism events, application of law or regulatory requirements, force majeure events, or other causes beyond their control.
Limitation of Liability: Except where prohibited by law, each Participating Party, or parent or legal guardian if Participating Party is a minor Guest, agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or any Giveaway Item awarded, or the determination of the Winners, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys’ fees and in no event more than $100; and (c) under no circumstances will any Participating Party, or parent or legal guardian if the Participating Party is a minor Guest, be permitted to obtain awards for, and Participating Party hereby waives all rights to claim, punitive, incidental, consequential, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
Choice of Law: All issues and questions concerning the Promotion, including, the construction, validity, interpretation, and enforceability of these Official Rules, the rights and obligations of Participating Parties, or their parents or legal guardians if they are minor Guests, and/or Sponsor in connection with the Promotion, are governed by the laws of the State where the Participating Restaurant is located, without regard to applicable conflicts of law/choice of law doctrine. The exclusive jurisdiction and venue for all proceedings or disputes regarding the Promotion is the state or federal court of the state of the Participating Restaurant, in the major city closest to the Participating Restaurant. Each Participating Party, or his or her parent or legal guardian if a minor Guest, agrees to the jurisdiction of such courts and waives any right to change of venue.
Official Rules: Official Rules for this Promotion are available (a) by visiting the Promotion Website and accessing the details for the Promotion being conducted by the Participating Restaurant, or (b) at the Participating Restaurant during the Promotion.
List of Participants and Alternates: For a list of Participants and Alternates for the Promotion, mail the request which identifies the Participating Restaurant along with a self-addressed stamped envelope for receipt within three (3) months after the end of the Promotion to: Chick‑fil‑A, Inc., Chick-fil-A First 100 Campout Winners, ATTN: Marketing-Public Relations Department, 5200 Buffington Road, Atlanta, Georgia 30349.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, INC., TWITTER, INC., OR INSTAGRAM, INC.
© 2019 CFA Properties, Inc. All trademarks shown are the property of their respective owners. All rights reserved.
Last Updated: 7/19/19
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