Update Your Profile Sweepstakes at Steak ’n Shake®
NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT IMPROVE CHANCES OF WINNING. A VALID EMAIL ADDRESS IS REQUIRED TO PARTICIPATE.
EACH POTENTIAL WINNER MAY BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND SIGN DOCUMENTATION, SUCH AS A RELEASE, AS MORE FULLY DETAILED BELOW, AS A CONDITION OF BEING AWARDED A PRIZE.
BY PARTICIPATING, YOU (AND ANY MINOR PARTICIPANT’S PARENT OR LEGAL GUARDIAN FOR HIMSELF OR HERSELF AND ON BEHALF OF THE MINOR) AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. AS MORE FULLY DETAILED BELOW, YOU AGREE THAT ALL DISPUTES ASSOCIATED WITH THIS SWEEPSTAKES WILL BE DECIDED BY BINDING ARBITRATION (SEE RULE 12).
- SWEEPSTAKES DESCRIPTION. Any existing eClub member who updates their current profile by December 1st will be entered into a random drawing to win one (1) of three (3) Steak ’n Shake gift cards.
- WHO IS ELIGIBLE TO ENTER/WIN.The Sweepstakes is open only to individuals who are residents of the Territory and who are thirteen (13) years of age or older on the Day of participation. (Any eligible individual who is thirteen or older, but younger than the age of majority in his or her jurisdiction of residence, is referred to in these Official Rules as a “Minor”.) Any Minor must only participate with the permission of his/her parent/legal guardian. Persons in any of the following categories are NOT eligible to participate in the Sweepstakes: any person who on or after November 13, 2018 , was or is (a) a Steak ’n Shake restaurant franchise owner or a director, officer, employee, agent or independent contractor of a Steak ’n Shake franchise restaurant; (b) a director, officer, employee, agent of Steak ’n Shake its parent company or their respective subsidiaries, affiliated companies or service agencies; (c) a director, officer, employee, agent or independent contractor of any entity engaged in the development, production or distribution of Sweepstakes materials or of any entities retained by Sponsor or its agencies to assist in any way with the administration or advertisement of the Sweepstakes; (d) an immediate family member (defined as spouse, IRS dependent, or biological, foster, in-law, adoptive or step- mother, father, sister, brother, daughter or son) of, or anyone who resides in the same household as, any person in any of the preceding categories. An eligible individual who enters the Sweepstakes is hereafter referred to as a “Participant.” Each Participant, and their parent or legal guardian if the Participant is an eligible Minor, unconditionally accepts and agrees to comply with and abide by these Official Rules.
- HOW TO ENTER THE SWEEPSTAKES.There is 1 way to enter the Sweepstakes during the Entry Period:
- By updating your eClub profile within the sweepstakes period.
- Limits:There is a limit of one (1) “Entry” per Participant and a limit of one (1) prize per Participant. Participants may not share an email address with any other participant for purposes of entering the Sweepstakes.
- DRAWINGS/ODDS OF WINNING.Winners will be selected from among all eligible entries received for the entire Entry Period, in random prize drawings on or about December 1, 2018 conducted by Steak ’n Shake. The odds of winning a prize will be determined by the number of eligible entries received.
- WINNER NOTIFICATION.Sponsor will notify each potential winner by email within approximately three (3) business days after the random prize drawing. Potential winners will need a valid email address for notification. The potential winner must respond within two (2) business days from when the email notification is sent. Prize claim documents (“Prize Claim Documents”) will then be sent to potential winner via email and/or mail. The Prize Claim Documents will include a declaration of eligibility/release of liability/prize acceptance and publicity release (where permitted by law), and any other documentation reasonably requested by Sponsor, all of which a potential winner must complete and return within three (3) business days of the date the Prize Claim Documents are sent to the potential winner. If a potential winner is an eligible Minor, the prize may be awarded to or in the name of winner’s parent/legal who must execute all Prize Claim Documents and agree to all obligations and undertakings of a winner, both on behalf of himself/herself and the Minor winner, or the prize may be forfeited in its entirety. All Prize Claim Documents received after the deadline shall be deemed VOID and the potential winner may be disqualified. Prize Claim Documents that are complete and duly submitted to the Redemption Center within the required period will be verified within approximately four (4) weeks after the Prize Claim Documents are received or as soon thereafter as reasonably practical, and once verified, the winner (or his/her parent/legal guardian if winner is a Minor) will be contacted to coordinate details of the trip. If any potential prize winner (or such Minor winner’s parent or legal guardian) cannot be reached after Sponsor or its representative has made a reasonable effort to contact him or her, declines a prize for any reason, or fails or refuses to properly sign and return all Prize Claim Documents by the redemption deadline or if the Prize Claim Documents or any portion of a prize is returned as unclaimed or undeliverable to any potential winner, or if it is discovered that a winner made any false statement in any Prize Claim Document, or if the potential prize winner is at any time found to be ineligible or otherwise in violation of these Official Rules (including, without limitation, by using multiple sets of contact information or any other method in an attempt to circumvent the above-stated Entry limitations), that a winner has registered for the Sweepstakes using more than one (1) email address or Digital Device, or if any potential winner declines a prize, or fails to comply with these Official Rules, such potential winner will be disqualified and will forfeit the prize and all rights to the prize they otherwise might have received. The Sponsor will attempt to award any such prize to an alternate winner but will not pursue more than three (3) alternates for any prize, time permitting. The submission of Prize Claim Documents is solely the responsibility of each potential winner or their parent/legal guardian if the potential winner is a Minor. When sending Prize Claim Documents to the Redemption Center, it is strongly recommended that Participants retain a photocopy of all Prize Claim Documents submitted, and send the submission using Registered, Certified or Express Mail with a receipt of mailing (although proof of mailing does not constitute proof of delivery).
- PRIZES/ARV.Three (3) prizes are available to be won. Each winner will receive a Steak ’n Shake gift card with a total value of up to $50. Total maximum ARV of all prizes available in this Sweepstakes: $150.
- PRIZE/ENTRY CONDITIONS/RESTRICTIONS.All details and other restrictions of prizes not set forth in these Official Rules will be determined by Sponsor in its sole discretion. There is no substitution or cash equivalent for any prize, except that Sponsor in its sole discretion can substitute a prize for a prize of equal or greater value if a prize is not available for any reason. All income taxes (including, without limitation, federal, state and/or local income taxes) on or connected with any prize, and the reporting consequences thereof, are solely the responsibility of respective winners.
Entry Conditions: Each Participant acknowledges and agrees that the decisions of Sponsor shall be final, binding and conclusive in all matters relating to the Sweepstakes. Any person attempting to forge Prize Claim Documents or defraud Sponsor or any of the Sweepstakes Entities in any way in connection with this Sweepstakes may be prosecuted to the fullest extent permitted under the law. In the event of a dispute concerning the identity of a Participant, the Participant will be declared to be the registered account holder of the email address associated with the disputed Entry, but only if that person meets all other eligibility criteria. Otherwise, the Entry may be disqualified and any potential prize won will be forfeited in Sponsor’s sole discretion. A registered account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the applicable email address. Winner may be required to show proof of being the registered account holder.
- GENERAL RELEASE AND CONDITIONS OF PARTICIPATION. Participants assume all risk of loss, damage, destruction, delay and misdirection of Prize Claim Documents and are advised to obtain insurance where appropriate. Sponsor and its respective parent companies, subsidiaries, affiliates, franchisees, local advertising cooperatives, digital/advertising/promotion agencies and all of their respective shareholders, officers, directors, agents, representatives and employees (individually and collectively “Sweepstakes Entities”) are not responsible for: (a) incomplete, misdirected, late, lost, garbled, unintelligible, damaged, stolen, non-delivered or postage-due submissions of Prize Documents or other Sweepstakes-related materials whether caused by Participants, wireless carriers, Internet Service Providers (“ISP”) or unauthorized human intervention; (b) any damage to a Participant’s or other person’s computer system or Digital Device which is caused or occasioned by accessing the Steak ’n Shake systems, participating in the Sweepstakes or claiming a Sweepstakes prize; (c) technical difficulties or failures of any kind including, but not limited to, lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet, Digital Device or wireless carriers, websites or other connection, availability or accessibility problems arising in connection with or over the course of the Sweepstakes; (d) miscommunications, failed, jumbled, scrambled, delayed, dropped, interrupted, lost, non-delivered or misdirected computer, telephone, Digital Device, email, mobile or cable transmissions or hardware, software, program or programming malfunctions, failures or difficulties of any kind including, but not limited to: malfunctions, interruptions or disconnections in transmissions or connections, phone lines, network hardware or software, computers, equipment, programming errors, cable, satellite, cellular tower, or ISP or wireless carriers; (e) any technical malfunctions, failures or difficulties (including failures to place order using MOP), printing errors, clerical, typographical or other errors in any Sweepstakes advertisement or other materials or any Prize Documents; (f) any errors or failures of any kind, whether human, mechanical, clerical, electronic, interruption of power, digital, mobile or technical in nature, or unauthorized human intervention; (g) any incorrect or inaccurate information, whether caused by the Steak ’n Shake systems or tampering, hacking, or by any equipment or programming associated with, or utilized in the Sweepstakes, including, without limitation, Entries that are submitted by automated computer programs or other illegitimate means; or (h) the incorrect or inaccurate capture of information or the failure to capture or loss of any information. Prize Documents submitted become the sole property of Sponsor and will not be returned. Sponsor shall not be responsible to correspond with Participants. By participating in the Sweepstakes, each Participant hereby releases and agrees to hold the Sweepstakes Entities harmless from and against any and all costs, injuries, losses or damages of any kind, including, without limitation, property damage, death and bodily injury (whether due to negligence or otherwise), due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity or the receipt, use or misuse of any prize.Participants waive the right to assert as a cost of winning any prize, any and all costs of verification and redemption or travel to claim said prize and any liability and publicity which might arise from claiming or seeking to claim said prize. By participating in the Sweepstakes each verified winner hereby agrees and grants Sponsor the right, but not the obligation, to the use of his or her name, voice and likeness, along with his or her address (city and state) and any statements made by or attributed to such winner in any and all media, now known or hereafter devised, without notice, review or approval, in perpetuity and throughout the world for advertising, commercial and promotional purposes in connection with the Sweepstakes and other promotions without further compensation (except where prohibited by law), and releases the Sweepstakes Entities from any liability with respect thereto.
- DIGITAL DEVICE REQUIREMENTS.
Using a Digital Device and/or Operating System not supported by the Steak ’n Shake systems may prevent participation in the Sweepstakes. Your Digital Device also must support the Operating System that the Steak ’n Shake system requires for your specific device. While all efforts are made to support current Operating Systems and Digital Devices based on the Steak ’n Shake system requirements, new Operating Systems and/or Digital Devices may not be supported if brought to market after the development of this Sweepstakes. Sponsor is not responsible for any browser or device supporting issues.
- DISCLAIMER OF WARRANTIES.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SPONSOR MAKES NO WARRANTIES, AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING ANY PRIZE IN CONNECTION WITH THE SWEEPSTAKES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SWEEPSTAKES ENTITIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
- Disqualification:It is the Participant’s sole responsibility to ensure that they have complied in full with all conditions and requirements contained in these Official Rules. If any potential winner is found to be ineligible, or if they have not complied with these Official Rules, or declines a prize for any reason prior to award, such potential winner will be disqualified and the prize forfeited. No mechanically reproduced, illegible, incomplete, forged, software-generated, third party or other automated or robotic entries, in whole or in part, will be accepted. Entries made by any individual or any entity other than the Participant and/or originating by any other mechanism, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified from this Sweepstakes. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the Entry process or the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person. The Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law.
- Force Majeure/Printing and Production Errors:Sponsor reserves the right, without prior notice and at any time, to terminate the Sweepstakes, in whole or in part, or modify, suspend or extend the Sweepstakes or Sweepstakes materials in any way, if it determines in its sole discretion, any Sweepstakes materials and/or Prize Claim Documents reflect printing, production or other errors, or if it determines, in its sole discretion, that the Sweepstakes is impaired or corrupted or that fraud or technical problems, failures, malfunctions or errors (including, without limitation, viruses or other deleterious programs or materials, glitches or printing or production errors) have destroyed or severely undermined the proper Entry, integrity and/or feasibility of the Sweepstakes. In the event Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made health epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order or regulation, public health crisis, order of any court or jurisdiction or other cause not reasonably within Sponsor’s control, then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend or terminate the Sweepstakes. Only the type and quantity of prizes described in these Official Rules will be awarded.
- Invalidity:The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Headings and captions are used in these Official Rules solely for ease of reference and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof. These Official Rules cannot be modified or amended in any way except in writing by a duly authorized representative of Sponsor. Steak ’n Shake restaurant employees or franchisees are not authorized to modify or amend these Official Rules.
- Governing Law:All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between Participant and the Sweepstakes Entities in connection with the Sweepstakes shall be governed by and construed in accordance with the internal laws of the State of Indiana including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws.
- Language Discrepancy:In the event there is a discrepancy or inconsistency between the English language version and the Spanish language version of these Official Rules or any Sweepstakes materials and/or Prize Documents, the English version shall prevail, govern and control.
- ARBITRATION.By participating in this Sweepstakes, each Participant agrees that: (1) any claim, dispute or controversy (whether in contract, tort or otherwise) Participant may have against any of the Sweepstakes Entities arising out of, relating to or connected in any way with the Sweepstakes, the awarding or redemption of Prizes, or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator pursuant to JAMS’s Comprehensive Arbitration Rules and Procedures (“Rules and Procedures”) in Indianapolis, Indiana.
- OFFICIAL RULES.These Official Rules will be available at www.SteaknShake.com
- SPONSOR.Steak ’n Shake Inc., 107 South Pennsylvania Street Suite 400,
Indianapolis, Indiana 46204.
©2018 Steak ’n Shake®