Game Day Sweepstakes (“The More you Play in Midway” Sweepstakes)
Official Rules
1. Sponsor: The “The More you Play in Midway” Sweepstakes (the “Sweepstakes”) is sponsored by Dave & Buster’s, Inc. (the “Sponsor”). Sponsor’s principal office is located at 2481 Manana Drive, Dallas, Texas 75220.
2. No Purchase or Play Necessary: No purchase or play required to enter or to win the Sweepstakes. A purchase or play will not increase your chance of winning.
3. Eligibility: To participate in the Sweepstakes, entrants must be at least 21 years of age as of August 24, 2009 and a legal resident of the continental United States or Hawaii. Void where prohibited by law. The employees, agents, and other representatives of Sponsor and US Sweepstakes & Fulfillment Co. (the “Administrator”), including but not limited to all of their affiliated companies and their respective directors, officers, employees, agents, and/or participating promotional partners, are not eligible to participate in the Sweepstakes. Additionally, members of the immediate families and households of such employees, agents, and representatives described in the preceding sentence are not eligible to participate, or any other person that for whatever reason Sponsor deems in its sole discretion has an apparent unfair advantage. By entering, each entrant acknowledges acceptance of and compliance with these official rules (the “Official Rules”). Any deviation from these Official Rules on the part of any Sweepstakes participant may render that participant ineligible. All decisions of Sponsor and /or Administrator are final.
4. Entry Period: All entries into the Sweepstakes must be received between 11:00 AM CT on August 24, 2009 and 11:59 PM CT on December 29, 2009 (the “Entry Period”).
5. To Enter: Visit www.daveandbusters.com/football (the “Website”), register your Dave & Buster’s Power Card (the “Card”), and opt-in to participate in the Sweepstakes. You will earn one (1) entry into the Sweepstakes for every 48 Regular, Eat & Play Combo, or Time chips (the “Chip”) used in the Midway (the “Entry”). If Rewards Members as of 11:59 PM CT on 08/31/09 opt-in by 11:59 PM CT on 09/30/09, you will earn one (1) additional entry into the Sweepstakes (subject to the entry limitation below). The Power Card on file at the time of the drawing will be used to determine Entries, unless Gold Conversion occurs during the Entry Period and chip balances are transferred to the Gold card associated with the conversion. Game Play on ½ Price Game Days will count towards Sweepstakes Entries at the rate played. When applicable, Gold Members will have their Chip play increased by 10% so that it is equal to Blue Members. Game Play within 72 hours of Sweepstakes opt-in will earn Sweepstakes entries if the Power Card on file at time of the drawing is the Power Card that was used for this game play. Chips played outside the Entry Period will not earn any entries into the Sweepstakes.
To enter without opting-in to the Sweepstakes or spending any chips, click here, follow the instructions to complete and submit the Sweepstakes entry form. Successfully completing the Sweepstakes entry form will earn you one (1) entry into the Sweepstakes.
Limit: Five (5) entries per day per person and/or per email address (i.e., one person cannot enter the Sweepstakes more than five (5) times in a given day, and no more than one person can enter the Sweepstakes in a given day under the same email address) regardless of means of entry. Any additional entries will be void. All entries must have a valid e-mail address. Incomplete or inaccurate entries shall be deemed void. Determination of information to be false or misleading is at the sole discretion of Sponsor and/or Administrator. All entries become the property of Sponsor and its promotional partners and will not be returned.
Sponsor and its respective affiliates, agents, clients, and/or promotional partners are not responsible for lost, stolen, misdirected, incomplete or late entries, for technical hardware or software failures of any kind, lost or unavailable network connections or failed, incomplete or delayed computer transmissions, which may limit a users’ ability to participate in the Sweepstakes.
6. Winner Selection and Notification: Administrator will randomly select fifty-four (54) First Prizes and four-hundred thirty-two (432) Second Prize winners (the “Winner” or “Winners”) from among all eligible entries received between the Promotion start date and the Sweepstakes Entry Date (the “Drawing Period”) on each Sweepstakes Drawing Date listed below.
| Sweepstakes Entry Period |
Drawing Period Start Date |
Drawing Period End Date |
Sweepstakes Drawing Dates |
| 1 |
11:01 AM CT on 8/24/09 |
11:59 PM CT on 9/30/09 |
10/15/09 |
| 2 |
12:00 AM CT on 10/01/09 |
11:59 PM CT on 10/30/09 |
11/15/09 |
| 3 |
12:00 AM CT on 11/01/09 |
11:59 PM CT on 11/30/09 |
12/15/09 |
| 4 |
12:00 AM CT on 12/01/09 |
11:59 PM CT on 12/30/09 |
1/15/10 |
If, for whatever reason, a Winner is disqualified or any prize is returned as undeliverable, an alternate Winner may be randomly selected from the remaining eligible entries. Winners shall be solely responsible for compliance with any and all federal, state, and local taxes associated with acceptance and use of the prize, as well as any and all expenses accrued in connection with any of the prizes not expressly described herein.
7. The Prizes: First Prizes. There are two-hundred sixteen (216) First Prizes. Each First Prize winner will receive one (1) $50 NFLShop.com gift card.
Second Prizes. There are one-thousand seven-hundred twenty-eight (1,728) Second Prizes. Each Second Prize winner will receive one (1) $25 Dave & Buster’s PowerCard.
Sponsor reserves the right, in its sole discretion, to substitute any prize for cash and/or prizes of equal or greater value. Use of any prize is subject to prize provider’s terms of use, rules and regulations. Limit one (1) prize per person.
All federal, state, provincial, and local taxes and incidental fees related to the prize are the sole responsibility of the Winner. All prizes are non-transferable and are not assignable. Except where prohibited by law, by entering the Sweepstakes, the Winners consent without limitation and without receiving additional compensation, to the use of his or her name, voice, photograph, and/or likeness by Sponsor and its affiliates for advertising and promotional purposes into perpetuity.
8. Claiming The Prize: All prizes will be mailed to the winners within forty-five (45) days after the end of the Drawing Date at the address identified on the respective Sweepstakes entry.
9. Odds of winning: The odds of winning depend on the number of eligible entries received during each Drawing Period.
10. General Conditions: Where permitted by law, each winner hereby grants to Sponsor and its affiliates, the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the World Wide Web, at any time or times, the winner's name, portrait, picture, voice, likeness and biographical information as news or information and for advertising and promotional purposes without additional consideration or compensation.
Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or Website; to be in violation of the terms and conditions of use of the Website; to be acting in violation of these Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of non-approved robotic, automatic, macro, programmed or like entry methods are prohibited. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to enter the Sweepstakes at the actual time of entry will be deemed to be the entrant and must comply with these Official Rules. The authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. Sponsor will prosecute any fraudulent activities to the full extent of the law.
Sponsor reserves the right to terminate the Sweepstakes, modify any portion of the Sweepstakes, or disqualify entrants if fraud, misconduct or technical failures destroy the integrity of the Sweepstakes or Sponsor otherwise determines such modification or termination appropriate. Sponsor is hereby authorized to change or update these Official Rules as deemed necessary in the sole discretion of Sponsor. All such changes will be posted on the Website on the day the change takes affect.
11. Limitations of Liability: All Sweepstakes participants agree to, and hereby do, release and hold harmless Sponsor and all of its affiliated companies and all of their respective directors, officers, employees, agents, and/or participating promotional partners from all losses, damages, penalties, claims, actions, suits, costs, and expenses of any kind whatsoever and any property damage, personal injury, or death to any participant or third person caused by or arising out of or in connection with participation in the Sweepstakes or with the use of the prize awarded in connection with the Sweepstakes.
Sponsor is not responsible for any incorrect or inaccurate information, whether caused by Website users, or tampering or hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Website.
Sponsor is not responsible for injury or damage to participants’ or to any other person's computer related to or resulting from participating in the Sweepstakes or downloading materials from or use of the Website. If, for any reason, the Sweepstakes is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Sponsor, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes.
In no event will Sponsor, or its affiliates, subsidiaries and related companies, their advertising or promotion agencies or their respective officers, directors, employees, representatives and agents, be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of access to and use of the Website or participation in the Sweepstakes. Without limiting the foregoing, information on the Website is provided "as is" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
12. Disputes: As a condition to participating in the Sweepstakes, participants agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in Dallas, Dallas County, Texas, having competent jurisdiction, which court shall apply the laws of the State of Texas without regard for the doctrine of conflict of laws. Further, in any such dispute, under no circumstances will participants be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental or consequential damages, or attorney’s fees.
13. Winners List/Official Rules Request: For a list of the Winners’ names, please visit http://www.daveandbusters.com/football. The Winners’ names will be posted on the Website at the close of each Drawing Period and available until 02/15/10. To receive a copy of these Official Rules, send a self-addressed, stamped envelope to: Dave & Buster’s The More you Play in Midway Sweepstakes Official Rules Request, PO Box 25497, Rochester, NY 14625.
14. Independent Sweepstakes Administrator: The US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Bldg. #2 Suite 100, Rochester, NY 14625.