KANSAS CITY STEAK COMPANY
2020 FILET MIGNON MONTH SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE.
THE PURCHASE OF ANY GOOD OR SERVICE WILL NOT INCREASE YOUR CHANCES OF WINNING.
THE KANSAS CITY STEAK COMPANY 2020 FILET MIGNON MONTH SWEEPSTAKES (THE “SWEEPSTAKES”) IS VOID WHERE PROHIBITED BY LAW.
THESE OFFICIAL RULES (“RULES”) ARE A LEGALLY BINDING AGREEMENT BY AND BETWEEN YOU AND SPONSOR (AS DEFINED BELOW) AND GOVERN YOUR ENTRY IN THE SWEEPSTAKES
YOU AGREE TO ABIDE BY THESE RULES AND THE RULES, POLICIES AND PROCEDURES LOCATED ON FACEBOOK AND INSTAGRAM. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH FACEBOOK OR INSTAGRAM.
You understand that you are providing your information to Sponsor and not to Facebook or Instagram.
1. Sponsor. This Sweepstakes is sponsored by the Kansas City Steak Company, 12200 N. Ambassador Drive, Suite 500, Kansas City, Missouri 64163 (“Sponsor”).
2. Entry Period. The Sweepstakes begins at approximately 6:00 PM (Central Daylight Time) on August 17, 2020 when Sponsor posts the Sweepstakes announcement on Sponsor's Facebook page and ends at 11:59 PM (Central Daylight Time) on August 31, 2020 (the “Entry Period”). Sponsor's computer is the official time keeping device for entry into the Sweepstakes. No entries into the Sweepstakes will be accepted before or after the Entry Period.
3. Sweepstakes Description. To participate in the Sweepstakes, you must post an original photo depicting a Filet Mignon along with a brief description of the experience in response to the Sweepstakes announcement (“Sweepstakes Announcement”) on Sponsor's Facebook or Instagram page. One (1) entry will be randomly selected from all eligible entries received to receive a prize as outlined below.
4. Eligibility. The Sweepstakes is open to legal residents of the United States of America and the District of Columbia. You must be the age of majority or older in your state or district of residence at the beginning of the Entry Period to be eligible to participate in the Sweepstakes. Employees of Sponsor, its affiliates, subsidiaries, parent company, advertising agencies, promotional and marketing agencies, any of their respective agents (“Sponsor Entities”) and the immediate family members of each or persons with whom such employees are domiciled are not eligible to enter or win the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws.
5. How to Enter. There are three ways to enter this Sweepstakes — via Facebook, Mail or Instagram.
(a) Facebook - You may enter this Sweepstakes via Facebook by visiting https://www.facebook.com/kansascitysteaks (the “Site”), find the Sweepstakes Announcement on the site, click “Comment” under that post, and “Post” an original photo and short description in response to the Sweepstakes Announcement as outlined below in the given box during the Entry Period. You may set up a Facebook account by visiting www.facebook.com. A Facebook account is free of charge, but Sponsor does not control whether or not Facebook will grant you an account. The date and time your entry is uploaded to the Site as registered by the Site constitutes the official time of your entry for purposes of the Sweepstakes.
(b) Instagram — To enter via Instagram, follow Sponsor's Instagram feed https://www.instagram.com/kansascitysteaks/ on Instagram (b) follow the online instructions to upload and submit an original photo as outlined below, along with the hashtag “#FiletADay” and “#Sweeps” during the Entry Period. You may set up an Instagram account by visiting www.instagram.com. An Instagram account is free of charge, but Sponsor does not control whether or not Instagram will grant you an account. The date and time your entry is uploaded to Instagram constitutes the official time of your entry for purposes of the Sweepstakes.
(c) Mail - You may also enter the Sweepstakes via mail by mailing an envelope to Sponsor containing a piece of paper with your name, address, email address, the phrase “2020 Filet Month Sweepstakes”, and an acknowledgment that you will comply with the Rules. Mail-in entries can be sent to Kansas City Steak Company, P.O. Box 20566, Kansas City, Missouri 64195, Attn: Customer Service/2020 Filet Mignon Sweepstakes and must be received on or before the last day of the Entry Period.
(d) Content of Post - The original photo and description posted to Instagram or Facebook as outlined above must depict and describe a Filet Mignon you've had. Your entry must not contain any inappropriate or offensive materials, as determined by Sponsor in its sole discretion. Any entry, which in the sole opinion of Sponsor, is deemed inappropriate in any way (e.g., defamation, nudity, pornography, gratuitous violence, inappropriate language, obscene, illegal, racially or morally offensive, intended to annoy or harass, or likely to transmit or contain a virus, corrupted file or any similar element), is inconsistent with the theme or image of the Sweepstakes, contains personally identifiable information, or otherwise violates the terms or the spirit of these Rules in any way, may be rejected and result in disqualification. Entries must comply with all laws, rules, and regulations including, but not limited to, those concerning copyright, plagiarism, trademark, defamation and invasion of publicity/privacy and any terms specific to the applicable social media site. Sponsor has the right, but not the duty, to disqualify and takedown any entry submitted in connection with this Promotion that violates any terms herein in Sponsor's sole discretion. If any individual besides you is featured in the photo, you agree that you have his/her consent to be featured in the photo and posted to Sponsor's social media sites.
All entries regardless of entry method will be treated in the same manner as an online entry received through the Site. Only fully completed entries are eligible. Limit 1 entry per person. Additional entries submitted by the same person, whether by mail or online, are void and shall be disqualified from entry in the Sweepstakes. Submissions from online automated Sweepstakes entry systems are not permitted and will be void. Upon submission, all entries including the photo (subject to your rights to any Personal Data) shall become the exclusive property of Sponsor and will not be acknowledged or returned. Sponsor acquires and retains all rights, title and interest therein, including the ownership and copyright of any entry. You will take all further acts necessary to effectuate the intent of these Rules, including, without limitation, executing and delivering to Sponsor, all such agreements, contracts and any other documents to confirm Sponsor's ownership of the entries and photos. Sponsor reserves the right to, and at its sole discretion may, reject any entry for failure to comply with these entry requirements. In the event of a dispute regarding entries received from multiple users having the same email account, the authorized account subscriber of the email account used to enter will be deemed to be the entrant. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses.
7. Warranties and Consents. By completing and submitting an entry, you: (a) represent and warrant that (i) you have read, and agree to be bound by, these Rules and the Facebook Statement of Rights and Responsibilities and any other applicable rules of Facebook and Instagram, (ii) based on the Rules, you are eligible to participate in the Sweepstakes, and (iii) all of the information provided as part of your entry is accurate, does not violate any third party's legal rights (including without limitation rights of privacy and publicity), and otherwise does not violate applicable law; and (b) agree to be bound by the interpretations of these Rules by Sponsor, which are final in all matters relating to the Sweepstakes.
8. Selection of the Winner. On or about September 1, 2020, Sponsor or Sponsor's representatives will randomly draw the potential winners of the Sweepstakes from all eligible entries received.
9. Winner Notification; Odds. Sponsor will notify the potential Winner via Facebook or Instagram direct message. In order to be declared an official Winner, a potential Winner may be required to provide proof of age, verification of identity, a liability and publicity release and any other information requested by Sponsor within three (3) days of the date of Sponsor's notification that the potential Winner has won a prize. The odds of winning a Prize are dependent upon the number of eligible entries received by Sponsor.
10. Prizes. One (1) Grand Prize Winner will receive 1 (one) USDA Prime Filet Mignon Meal in the form of 4 USDA Prime Filet Mignon, 8 oz each, 1 Tray Creamed Spinach, 30 oz, 4 Twice Baked Potatoes with Cheddar and Bacon, 8 oz each and 4 Chocolate Truffle Lava Cakes, 4” each from Sponsor (“Prize”) (Average Retail Value (ARV): $229.80 per prize). **Subject to availability. The Prize cannot be transferred, substituted or redeemed for cash, except as required by law or as determined by Sponsor in its sole discretion. Sponsor may substitute a prize of equal or greater value in its sole discretion. Sponsor shall have no responsibility or obligation to the Winners or a potential Winner who is unable to accept or utilize the Prize described herein. In the case of a Winner's forfeiture of a Prize, Sponsor may select another Winner according to these Rules. Winner is responsible for the reporting and payment of all applicable federal, state and local taxes (including income taxes) associated with his/her respective Prize and will and hereby does hold Sponsor harmless from liability for failure to timely report and/or pay such taxes.
11. General Terms. Your noncompliance with any of these Rules, the Facebook Statement of Rules and Responsibilities and any other terms governing Facebook or Instagram may result in your disqualification. Sponsor is not responsible for anything outside of its reasonable control. Sponsor assumes no responsibility for incorrect or inaccurate entry information whether caused by any of the equipment or programming associated with or utilized in this Sweepstakes or by any human error which may occur in the processing of the entries in this Sweepstakes. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or servers on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, or any incomplete, lost, late, delayed, misdirected or garbled entries or failure to receive entries, including, without limitation, any injury or damage to your or any other person's computer related to or resulting from participation or downloading any materials or software or attempts to participate in or download materials or software related to this Sweepstakes. Sponsor is not responsible for any typographical or other error in the printing of the Sweepstakes, administration of the Sweepstakes, or in the announcement of the Prizes and the Winners. If, for any reason, the Sweepstakes is not capable of running as planned, or is disrupted or corrupted, including, without limitation, by strikes, acts of war or terrorism, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical or system failures, or any other causes beyond the control of Sponsor which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes or for any reason Sponsor deems it necessary, Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Publicity; Press Releases. You may not issue press releases or other publicity in connection with your participation in the Sweepstakes. Except where prohibited, entry in the Sweepstakes and/or acceptance of a Prize constitutes entrant's and Winner's consent that their photo, post, name, likeness, voice and/or biographical data may be used in any medium in perpetuity for advertising and promotional purposes without limitation and without additional notice, compensation or consent.
13. Indemnification. By entering the Sweepstakes, you agree to indemnify, defend (at Sponsor's, the respective Sponsor Entity's, Facebook's or Instagram's option, as applicable), and hold harmless Sponsor, each of Sponsor Entities, Facebook, Instagram and their respective officers, directors, partners, members, shareholders, executors, family members, heirs and assigns from and against any and all liability, damages or causes of action (however named or described), with respect to or arising out of either (i) your participation in the Sweepstakes including without limitation, the breach of violation of your representations and warranties; and/or (ii) the receipt, redemption or use of the Prizes awarded in the Sweepstakes. You shall release all rights to bring any claim, action or proceeding against Sponsor, any of the other Sponsor Entities, Facebook or Instagram and further covenant not to sue Sponsor, Facebook, Instagram or any of the other Sponsor Entities and hereby acknowledge that none of Sponsor, any Sponsor Entity, Facebook or Instagram has made or is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Sweepstakes or the Prizes.
14. DISCLAIMER OF WARRANTIES. SPONSOR IS PROVIDING THE SWEEPSTAKES ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPONSOR DOES NOT REPRESENT OR WARRANT THAT THE SWEEPSTAKES OR THE TECHNOLOGY USED TO PROVIDE IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, OR (III) WILL MEET YOUR REQUIREMENTS OR ENABLE YOU TO PARTICIPATE IN IT. SPONSOR MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE RULES, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY. SPONSOR, SPONSOR ENTITIES, FACEBOOK, AND INSTAGRAM WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF, RELATING TO OR CONNECTED WITH THE SWEEPSTAKES, INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES WHETHER OR NOT SUCH DAMAGES ARE RELATED TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL, AND WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
16. LEGAL RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS PROVIDED ABOVE OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
17. Request for the Winner's Name and a Copy of the Rules. For the name of the Winner and/or a copy of these Rules, send a self-addressed stamped envelope to the below address before December 31, 2020:
The Kansas City Steak Company
PO Box 20566
Kansas City, MO 64195
Attn: Customer Service/2020 Filet Mignon Month Sweepstakes
18. Waiver. No failure or delay by a party in exercising any right, power, or privilege under these Rules will operate as a waiver thereof. No waiver of any provision of these Rules, or any rights or obligations of either party under these Rules, shall be effective, except pursuant to a written instrument signed by the party waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.
19. Severability. Any provision of these Rules that is found invalid or unenforceable pursuant to judicial decree or decision shall be ineffective to the extent of such invalidity or unenforceability, and the remainder of these Rules shall remain valid and enforceable according to their terms. If any provision of these Rules is so broad as to be unenforceable, the provision shall be interpreted to be only so broad as is enforceable.
20. Dispute Resolution/Choice of Law. Issues concerning the construction, validity, interpretation and enforceability of these Rules shall be governed by the laws of the State of Missouri. All disputes arising out of or connected with this Sweepstakes will be resolved individually, and without resort to class action, exclusively by the appropriate federal or Missouri State Court. Should there be a conflict between the laws of the State of Missouri and any other laws, the conflict will be resolved in favor of the laws of the State of Missouri. All judgments or awards shall be limited to actual incurred out-of-pocket expenses (excluding attorneys' fees) associated with participation in this Sweepstakes and shall not include any indirect, punitive, incidental and/or consequential damages.