Grand Opening Contest Official Rules
NO PURCHASE NECESSARY:
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
YOU HAVE NOT YET WON OR BEEN SELECTED TO RECEIVE A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW.
1. SPONSOR: 110 Grill MH North Conway, LLC and / or its affiliated companies, 1858 White Mountain Highway, North Conway, NH 03860 (“Sponsor”) is the Sponsor and Administrator/Promoter of the Grand Opening Contest (the “Sweepstakes”). Any questions, comments or complaints regarding the promotion should be directed to the Sponsor at 110 Grill, Marketing Department. 4 Lan Drive, Suite 300, Westford, MA 01886.
2. CONTEST PERIOD: The Contest begins on June 30, 2023, at 9:00 am EDST and ends on July 28, 2023, at 5:00 pm EDST (the "Contest Period"). The computer clock of Sponsor’s webmaster is the official time keeping device of the Sweepstakes. Entries that are submitted before or after the Contest Period will be disqualified.
3. HOW TO ENTER: NO PURCHASE IS NECESSARY AND A PURCHASE DOES NOT IMPROVE YOUR CHANCE OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED. To participate in the Sweepstakes, you may only enter via the following two methods:
- Online Entry. The Sweepstakes may be entered by visiting the contest link provided via social media ads and following the directions provided to fill out the entry information and submitting an entry according to such directions. The entry must fulfill all sweepstakes requirements, as specified in the directions provided and in these Official Rules, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of the Sponsor. You may enter only once and you must fill in the information requested in order to do so. You may not enter more times than indicated by using multiple e-mail addresses, identities, or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of the Sponsor.
- Alternate Entry. Alternatively, entries can be submitted by sending a letter or post card by First Class U.S. Mail to: 110 Grill Grand Opening Contest, 1858 White Mountain Highway, North Conway, NH 03860. Entries are not retroactive and valid for drawings after date of receipt of entry. Entries must be postmarked by midnight, July 21, 2023, to be eligible in the final drawing. Entries must clearly set forth your first name, last name, email address, and optionally, your cell phone number. By providing your cell phone number you are agreeing to opt-in to receive VIP Offers via autodialed messages from 110 Grill to your mobile number. Message and data rates may apply. You can unsubscribe at any time. Reply "STOP" to cancel at any time.
Limit one (1) entry per person, per email address, and per household for the duration of the Contest Period, regardless of method of entry. Entries received from any person, e-mail address, or household in excess of the stated limitation will be void. All entries become the exclusive property of Sponsor, and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, damaged, misdirected or postage-due entries, which will be disqualified.
4. ELIGIBILITY REQUIREMENTS:
The Sweepstakes is open to persons who are legal residents of the State of New Hampshire, Vermont, Maine, Massachusetts, Connecticut, and Rhode Island who are at least 18 years of age or older as of June 30, 2023.
This promotion is subject to applicable federal, state, and local laws and regulations. This promotion is void in Florida and wherever prohibited or restricted by law, including, but not limited to, Puerto Rico, U.S. Virgin Islands, and U.S. military installations located in foreign countries.
The following persons are not eligible to participate or win: Employees, directors and officers of Sponsor and any of its affiliates, parents, subsidiary companies, other related entities and advertising and promotion agencies, and members of the immediate families (spouses, parents, children, and siblings and their respective spouses, regardless of where they reside), and/or those living in the same household, of any of the foregoing.
By participating in the Sweepstakes, or being selected as a potential prize winner, all entrants and potential/confirmed winners hereby consent to the use by Sponsor, including but not limited to Sponsor’s affiliates, parents, franchisees, subsidiaries, and advertising and promotion agencies (“the Sponsor Marketing Group”) of entrant’s personal information including but not limited to, name, likeness, opinions, images, statements and/or other indicia of persona, and personally identifiable information (collectively “Likeness”), for any and all uses and purposes (including, without limitation, for purposes of advertising and trade) in any media now known or hereinafter developed in any manner throughout the world (including, without limitation, the World Wide Web and on-air) in perpetuity without additional consideration (where legal), consent or prior review, and upon request will provide written consent to such use.
5. Acknowledgement: By entering the Sweepstakes you represent that you are eligible to participate in the Sweepstakes and receive any prizes should you be selected as a winner.
6. ODDS OF WINNING: Odds of winning depend upon the number of eligible entries received during the Sweepstakes Period.
7. DESCRIPTION OF PRIZE, NUMBER OF PRIZES, AND APPROXIMATE RETAIL VALUE (“ARV”):
Prizes: The approximate retail value of each prize shall be approximately $50. There will be 5 prizes available per month from the start of the Sweepstakes until the Grand Opening of the 110 Grill located at 1858 White Mountain Highway, North Conway, NH 03860. Potential Prize Winners (the five monthly entrants selected by random draw) (“Potential Prize Winners”) will be notified as outlined below. You are not guaranteed to win a prize and your chance of winning is dependent on the total number of eligible entries received. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor's discretion. The prize is nontransferable. Any and all prize related expenses, including without limitation any and all federal, state, and local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for Sponsor to use winner's name, likeness, location and entry for purposes of advertising and trade without further compensation unless prohibited by law. Prize substitution is at the sole discretion of the Sponsor. Substitutions will be of equal value.
8. WINNER SELECTION AND NOTIFICATION:
Potential Prize Winners will be selected by random drawing.
All Sweepstakes decisions and interpretation of these Official Rules are in Sponsor’s sole discretion and are final.
The random drawings will occur on or about July 7. The Sponsor will select Potential Prize Winners in a random drawing from among all eligible entries received prior to 12 PM EDST on the date of the drawing. Five winners will be drawn with each drawing at the place and time of Sponsor’s choosing. The location of the drawing will be announced on the website no later than 5 PM the day before the drawing.
The Sponsor will attempt to notify Potential Prize Winner(s) via telephone or email, whichever means are available, on or about July 14, and Potential Prize Winner(s) are required to respond to such notice within a forty-eight (48) hour period or be subject to disqualification by Sponsor.
The Potential Prize Winner(s) must respond to email or voicemail notification within forty-eight (48) hours of the third attempted notification or he/she will forfeit the prizes. If Sponsor is unable to contact the Potential Prize Winner, within five (5) days after the date of the first attempt to contact the Potential Prize Winner Sponsor will select an alternate Potential Prize Winner by random draw. Alternate Potential Prize Winners are subject to all requirements set forth in these Official Rules. A Potential Prize Winner becomes a Prize Winner (Potential Prize Winners who have responded to attempts at being contacted and have completed the appropriate paperwork) upon Sponsor determination that the Potential Prize Winner has met all eligibility requirements, additional restrictions and conditions all to Sponsor’s satisfaction.
Each Potential Prize Winner (or parent/legal guardian if Potential Prize Winner is a minor in his/her state of residence) will be required to complete, sign, and submit a Declaration of Compliance within five (5) days of the date notice or attempted notice is first sent in order to claim his/her prize. If a Potential Prize Winner cannot be contacted or if he or she fails to submit the Declaration of Compliance within the required time period (if applicable), or if the prize is returned as undeliverable, the Potential Prize Winner shall forfeit the prize. If a Potential Prize Winner is at least 18 years old but is still considered a minor in his/her jurisdiction of residence, the Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian, and such parent or legal guardian shall be required to sign the Declaration of Compliance on the Potential Prize Winner’s behalf and shall be required to fulfill any and all other requirements imposed on the winner as set forth herein. Potential Prize Winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all such requirements. In the event that a Potential Prize Winner is disqualified for any reason, the Sponsor will award the applicable prizes to an alternate Potential Prize Winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded if none of the alternatives successfully claim the prize.
Sponsor will send the applicable Prize to the Prize Winner, via First Class US Mail or other nationally recognized courier service, within approximately 8-10 weeks after the conclusion of the Sweepstakes. The Winner assumes the risk of its loss. Sponsor is not responsible for the safe arrival of prizes.
All results of the selections are final and binding, subject to these Official Rules. In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning entry fails to comply with these Official Rules prior to delivery of the prizes, the prizes may be forfeited and awarded to an alternate winner. If by reason of a printing, computer or other error, more prizes are claimed than the number set forth in these Official Rules, all persons making purportedly valid claims will be included in a computerized random selection to award the advertised number of prizes available. No more than the advertised number of Prizes will be awarded.
9. ADDITIONAL RESTRICTIONS AND CONDITIONS APPLY:
By submitting a physical or mail-in entry, the entrant accepts all Sweepstakes rules and agrees to be bound by the decisions of Sponsor. Sponsor reserves the right to disqualify an entrant if it has reason to believe an entry is not valid or if the entrant refuses to be bound by the Official Rules.
By participating in the Sweepstakes, where permitted by law, the Winner(s) agree to give Sponsor full rights to use the Winner’s name, voice, likeness and image in any medium for advertising, broadcasting, and publicity relating to this Sweepstakes, without additional financial or other compensation. Participants further agree to sign a publicity release confirming such consent prior to acceptance of the prize, although failure to sign shall revoke participant’s or winner’s consent provided hereunder and by participation in the Sweepstakes.
Prior to awarding any prize or prize certificate, Sponsor may require Winner(s) to sign a liability release, agreeing to hold Sponsor, including but not limited to its related companies and licensees, its parent, subsidiary and affiliated corporations and/or entities, and each of their respective officers, directors, members, managers, shareholders, insurers, lenders, employees, attorneys, representatives, agents and assigns (collectively, the “Sponsor Released Parties”) harmless against any and all claims or liability relating to or arising directly or indirectly from the prize or participation in the Sweepstakes.
The Sponsor Released Parties and their Internet servers or access providers are not responsible for lost, stolen, misdelivered, illegible, mutilated, indecipherable, altered, defective, incomplete, incorrect, inaccurate, postage due or late entries, due to human error or otherwise; entries that are delayed or are not received or not processed due to telephone, network, electronic or computer hardware or software failure, technical malfunctions or problems of any kind; or any injury or damage to entrant's or any other person's computer related to or resulting from participation or downloading of any material in this Sweepstakes. Proof of e-mailing and/or registering does not constitute proof of delivery or receipt of the entry or that Sponsor actually received it by the entry deadline. Additionally, Sponsor has no obligation to advise an entrant of an incomplete or otherwise non-compliant entry.
By participating in this Sweepstakes you agree that the Sponsor Released Parties (a) shall not be responsible or liable for, and hereby release the Sponsor Released Parties from, any claims, losses, damages or injuries of any kind (including death) resulting, in whole or in part, directly or indirectly, from participation in the Sweepstakes or any Sweepstakes-related activity, or from acceptance, receipt, possession and/or use/misuse or inability to use a prize, and (b) have not made any warranty, representation or guarantee, express or implied, in fact or in law, with respect to a prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. You further agree that the Sponsor Released Parties shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (1) by any wrongful, negligent or unauthorized act or omission on the part of any of their agents, servants, employees or independent contractors; (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Sponsor Released Parties; or (3) by any other cause, condition or event whatsoever beyond the control of the Sponsor Released Parties. UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND BY PARTICIPATING IN THE SWEEPSTAKES YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO ANY PARTICIPANT OR PRIZE WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO THE INDIVIDUAL PARTICIPANT IN THIS SWEEPSTAKES.
As a condition of participating in the Sweepstakes, each entrant, including their agents, representatives, servants, trustees, heirs, or permitted assigns, agrees that: (1) all issues and questions concerning these Official Rules and the Sweepstakes shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules; (2) should there be a conflict between the laws of the State of Florida and any other laws, the conflict will be resolved in favor of the laws of the State of Florida; (3) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class or collective action, and exclusively by a court located in the State of Florida; (4) in any cause of action, the Sponsor Released Parties’ liability will be limited to the cost of entering and participating in the promotion, and in no event shall the Sponsor Released Parties be liable for attorney’s fees, punitive, incidental, or consequential damages, or multiple or increased damages.
Sponsor is not responsible for typographical or other errors in the printing, the offering or the administration of the Sweepstakes, or in the announcement of a Prize. Any dispute, claim or controversy arising under or in connection with this Sweepstakes, including but not limited to i) any dispute, claim or controversy arising out of the Sweepstakes, ii) the awarding or redemption of any prize, and/or iii) the determination of the scope or applicability of these Official Rules or their enforcement, arbitrability or interpretation entrant may have against the Sponsor (each, a “Claim”) shall be resolved exclusively by final and binding arbitration, conducted before an arbitrator in Tampa, Florida, in accordance with the rules of the American Arbitration Association (“AAA”) then in effect. The award of the Arbitrator shall be final and binding on all parties and judgment may be entered upon it in any court having jurisdiction thereof, and the prevailing party shall be entitled to costs and reasonable attorney's fees arising out of such Arbitration. This arbitration provision is an agreement to arbitrate made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”). The arbitration shall be conducted under the following terms:
The arbitration shall be held in Massachusetts.
The arbitrator’s decision shall be controlled by the terms and conditions of this Agreement and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Sweepstakes.
The arbitrator shall apply Florida law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized by law.
There shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
The arbitrator shall not have the power to award punitive damages against the entrant or Sponsor.
In the event that administrative fees and deposits that must be paid to initial arbitration against Sponsor exceed $125, and entrant is unable (or not required under the rules of the AAA) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and /or forward them on entrant’s behalf, subject to ultimate allocation by the arbitrator. In addition, if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration provision from being cost prohibitive,
With the exception of subpart iv above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal or otherwise conflicts with the rules of the AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart iv is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither the entrant nor Sponsor shall be entitled to arbitrate their dispute.
It is the entrant’s responsibility to enter in the appropriate manner. Each entrant is responsible for all costs or charges involved in accessing the Web any Web site(s) or any other charges or fees and warrants that the cost of accessing the site or any other charge or fee, if any, is part of a larger agreement with an Internet Service Provider or some other means, and that the cost of this access is not an incremental cost.
Sponsor operates restaurants, and values the safety and the positive experience of its patrons, guests, invitees and employees. Entrants and potential entrants agree that, in connection with the Sweepstakes, they will not damage, disrupt or interfere with the normal operation of any of Sponsor’s restaurants or other business locations of the Sponsor.
Any attempt to deliberately damage, disrupt or interfere with the normal operation of Sponsor Web site, Social Media accounts or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws and Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
An entrant will be disqualified if Sponsor determines in its sole discretion that the entrant has or has attempted to tamper with entries; has or has attempted to damage, disrupt or interfere with the entry process, the operation of the Sweepstakes, Sponsor Web site, Social Media accounts or any Sponsor restaurant; or has violated the Official Rules.
If for any reason any portion of the Sweepstakes is not capable of running as planned, including infection by computer virus, worms, bugs, malicious or injurious code, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor, which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes (or any portion thereof). Should the Sweepstakes (or any portion thereof) be terminated prior to the stated expiration date, notice will be posted as Sponsor sees fit, and any unawarded prizes will be awarded via random drawing from among all non-suspect, eligible entries received up until and or after (if applicable) the time of modification, cancellation or termination or in a manner that is fair and equitable as determined by Sponsor. The Sponsor further reserves for itself the right in its sole discretion to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify, or suspend the Sweepstakes for that or for any other reason. Should any portion of the Sweepstakes be terminated prior to the Opening of 110 Grill located at 80 Storrs Street, Concord, NH 03301, Potential Prize Winners may be drawn from eligible entries received up to the time of termination.
11. Failure of Sponsor to enforce any provision herein shall not be deemed a waiver of such. Sponsor reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. The decisions of the Sponsor are final and binding on all matters relating to this Sweepstakes.
12. COPIES OF RULES AND WINNER LIST: For a list containing the names of the Winners and the actual number of eligible entries received, send a self-addressed stamped envelope, within two (2) years of the end of the Sweepstakes Period to:
Attn: Winner List and / or RULES
4 Lan Drive, Suite 300
Westford, MA 01886