The “Fan Dave & Buster’s on Facebook” Sweepstakes Official Rules

1.  Sponsor:  The “Fan Dave & Buster’s on Facebook” 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 required to enter or to win the Sweepstakes. A purchase 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 September 21, 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 September 21, 2009 and 11:59 PM CT on November 21, 2009 (the “Entry Period”).

5. To Enter: To enter the Sweepstakes, visit the Sponsor’s official Facebook page at www.facebook.com/daveandbusters (the “Website”) and click the button to “Become a fan” of Dave & Buster’s, fill in your first name, last name, email address, check the box that you have read and agree to these Official Rules, and submit. Entrant must have an active Facebook account and remain a Facebook fan of Dave & Buster’s until the end of the Promotion Period.

Limit: Each entrant may enter one (1) time during the Promotion Period. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than one (1) entry by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. An entrant may be required to show proof of being the authorized account holder. 

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.   Grand Prize:  There is one (1) Grand Prize. Grand Prize winner (the “Winner”) will receive a trip for two (2) to NYC to eat and play in Sponsor’s Times Square location. Grand Prize includes 2-nights double occupancy hotel accommodations, round-trip coach airfare to New York City, transfers to/from airport in New York City, two (2) $100 Power Cards, $200 in Dave & Buster’s Dollars, and $500 cash or gift card. Approximate Retail Value of Grand Prize: $2,500. The respective airport, airline, hotel, ground transportation, and/or other included activities will be selected in the sole discretion of Sponsor. Sponsor may determine in its sole discretion that a flight is unnecessary, and the prize will not include air transportation from Grand prizewinner's residence to New York City and substitution or compensation will be provided in lieu thereof at the sole discretion of the Sponsor. All meals, gratuities, taxes and other expenses associated with the Grand Prize not specifically identified in these Official Rules as being provided by Sponsor to the Winner are the Winner’s sole responsibility. All travel must be taken by January 31, 2010, or the prize will be forfeited and an alternate winner will be selected, if practicable. Winner and his or her travel companion must travel on the same itinerary. Sponsor reserves the right, in its sole discretion, to substitute any prize or portion of prize for cash and/or prizes of equal or greater value.

Winner 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 prize not expressly described herein. Grand Prize is non-transferable and is not assignable. Except where prohibited by law, by entering the Sweepstakes, the Winner consents without limitation and without receiving additional compensation, to the use of his or her and his or her travel companion’s name, voice, photograph, and/or likeness by Sponsor and its affiliates for advertising and promotional purposes into perpetuity.

7. Winner Selection and Notification:  Administrator will randomly select one (1) Winner, from among all eligible entries received during the Promotion Period, on or about 11/23/09. Selected Winner will be notified at the email address provided by the selected Winner during the Sweepstakes registration. Selected Winner must respond to the initial notification within five (5) days of the date of notification. Winner will be required to complete and return an Affidavit of Eligibility and Liability Release (the “Affidavit”) and, except where prohibited by law, a Publicity Release within five (5) days of receipt. Failure to respond to any notification or to return these documents within the required time period may result in disqualification and selection of an alternate Winner. Winner may also be required to complete IRS tax forms as requested by Sponsor and to provide proper photo identification to be returned with the Affidavit or the prize may be forfeited. It will be the responsibility of the Winner and Travel Companion to obtain valid passports and any other travel documents required for any domestic and/or international travel. Winner’s travel companion must meet the above-stated Sweepstake’s age and legal qualifications. Winner and his or her travel companion must be over the age of twenty-one (21) as of September 21, 2009. Winner and his or her travel companion will execute such consent and release documentation as required by Sponsor.

8. Odds of winning:  The odds of winning depend on the number of eligible entries received during the Entry Period.
 
9. 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.

10. 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.

11. 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.

12. Winner’s List/Official Rules Request: For the Winner’s name, send a self-addressed, stamped envelope (to be received no later than 12/25/09) to: Dave & Buster’s “Fan Dave & Buster’s on Facebook” Sweepstakes Winner’s List Request. To receive a copy of these Official Rules, send a self-addressed, stamped envelope (to be received no later than 11/21/09) to: Dave & Buster’s “Fan Dave & Buster’s on Facebook” Sweepstakes Official Rules Request, PO Box 25497, Rochester, NY 14625.

13. Independent Sweepstakes Administrator: The US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Bldg. #2 Suite 100, Rochester, NY 14625.