DAVE & BUSTER'S 2018 ”SUPER SHOT CHALLENGE“ CONTEST
OFFICIAL CONTEST RULES
Participating Dave & Buster’s Locations, excluding California, Colorado, Idaho, Kansas, Nevada and Oregon — For the Official Rules of one of these states, CLICK HERE › Dates: March 15 - March 25, 2018
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH INSTAGRAM, TWITTER OR FACEBOOK.
1. SPONSOR & ADMINISTRATOR
Dave & Buster’s, Inc. on behalf of participating Dave & Buster’s Locations (“Participating Locations”) will serve as the sponsor (“Sponsor”) and the administrator (“Administrator”) of the Dave & Buster’s 2018 “Super Shot Challenge” Contest.
The Dave & Buster’s 2018 “Super Shot Challenge” Contest (this “Contest”) is open only to legal residents of the United States or the District of Columbia (excluding Puerto Rico and all United States territories and possessions), who are 18 years of age or older at the time of entry (“Eligible Participants”). You need not be present to win. Employees (and their immediate families or those living in the same household) of Sponsor and its respective affiliates, subsidiaries, divisions, parent and related companies, suppliers, printers and advertisers, promotional and judging agencies (collectively, “Ineligible Participants”) are not eligible to participate or win.
3. CONTEST PERIOD
The “Contest Period” will commence on March 15, 2018 at 12:01 a.m. Eastern Time (“EDT”) and end on March 25, 2018 at 11:59 p.m. EDT.
4. HOW TO ENTER
Eligible Participants may enter this Contest by visiting a participating Dave & Buster’s Location during the first weekend (March 15, 2018; March 16, 2018; March 17, 2018; March 18, 2018) or the second weekend (March 22, 2018; March 23, 2018; March 24, 2018; March 25, 2018) of the Men’s 2018 NCAA March Madness Tournament (each such day, an “Eligible Day”), and individually playing the “Designated Super Shot Game” (or, if decided by a Participating Location in its sole discretion, the “Designated NBA Hoops Game”) located at the front of each Participating Location. In the Sponsor’s sole discretion, Sponsor’s authorized representative may require Eligible Participants that will be placed on the Power Rank Leaderboard as described below to provide their full name, phone number and email address.
Eligible Participants may only enter one (1) time per Participating Location per Eligible Day (“Playing Limit”). Prior to playing the game, Eligible Participants must provide Sponsor’s designated representative with photo identification and be cleared as not having exceeded the Playing Limit, in the Sponsor’s sole and absolute discretion. In the event of a dispute involving attempted entries by multiple individuals using the same identification, or attempted entries by the same individual using multiple identifications, the dispute shall be decided in the Sponsor’s sole and absolute discretion. Any person, who is found to have entered more than the Playing Limit, in the sole discretion of Sponsor, may be disqualified and all entries received by such person will be void and disqualified. Any participation in a game that is not the Designated Super Shot Game or the Designated NBA Hoops Game, or as otherwise do not conform with or satisfy any or all of the conditions set out in these Official Rules or is in any way irregular, in the Sponsor’s sole and absolute discretion, will be disqualified and ineligible to win a prize. Any participation in a game not on an Eligible Day during store hours will not constitute entry in this Contest and will be ineligible to win a prize. Sponsor reserves the right to confirm all entries and to accept or reject any such entry for any reason, at Sponsor’s sole discretion. All entries become the sole and exclusive property of the Sponsor. All entries must be received by 12:59 p.m. EDT of the last date of this Contest, i.e. March 25, 2018. By entering this Contest, Eligible Participants fully and unconditionally agree to be bound by these Official Rules and the decisions of the Sponsor, which will be final and binding in all matters relating to this Contest. By entering this Contest, Eligible Participant automatically grants to Sponsor and Participating Locations a worldwide, exclusive, royalty-free, irrevocable license to use, copy, publicly display, distribute, alter, and create derivative works from the entry in all forms of media now known or not currently known, in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation, specifically including but not limited to the use on Facebook or Instagram with the hashtag: #supershot2018.
There will be one (1) prize awarded during the Contest Period per Participating Location. The prize consists solely of (i) a reserved table in the “Sports Area” of the applicable Participating Location on Monday, April 2, 2018 from 6:00 p.m. EDT to 11:00 p.m. EDT for up to six (6) people at least 18 years of age or older, and (ii) up to a $300 credit to spend at the applicable Participating Location on Monday, April 2, 2018 from 6:00 p.m. EDT to 11:00 p.m. EDT on Dave & Buster’s Power Cards, food and non-alcoholic beverages. The approximate retail value of the prize is $300.
6. SELECTION & NOTICE OF WINNERS
Each Eligible Participant that enters this Contest in accordance with these Official Rules will be given a score by the Designated Super Shot Game or Designated NBA Hoops Game, as applicable, upon completion of the game. The score is based upon the total number of shots made during the game’s time clock, and the score electronically conveyed by the game shall be the final and conclusive score for the Eligible Participant’s entry on that Eligible Day. This is expressly a game of skill and is not a game of chance. Sponsor’s designated representative at each Participating Location will observe all total scores electronically conveyed by the Designated Super Shot Game or Designated NBA Hoops Game on Eligible Days and maintain a Power Rank Leaderboard of the ten (10) highest total scores for such Participating Location. At the end of the Contest Period, the Eligible Participant with the highest score on the Power Rank Leaderboard for each Participating Location, in the Sponsor’s sole and complete discretion, will be selected as winners and will receive the prize. In the event of a tie, the Eligible Participants with the tied scores on the Power Rank Leaderboard for each Participating Location will be invited to the applicable Participating Location on March 26, 2018 at 7:00 p.m. (local time) to participate in a tiebreaker of one (1) game of the Designated Super Shot Game. The Eligible Participant with the highest total score for such game will be the sole winner of the prize. If a tie still exists, the process will be repeated until a sole winner is determined. If an Eligible Participant with one of the tied scores is unable to attend the tiebreaker at the date and time specified herein, such Eligible Participant shall be disqualified from winning the prize. All decisions of Sponsor shall be final and binding on all matters relating to this Contest. The winners will be notified by telephone or e-mail on or about March 26, 2018 using the information provided at the time of entry.
The following include some of the important conditions to winning a prize:
a. If an entrant is determined by Sponsor in its sole and absolute discretion to not be an Eligible Participant, the Eligible Participant with the next highest winning score as defined above will be awarded the applicable prize, and so forth if such entrant is not able to accept the prize.
b. No transfer, substitution or division of prizes are allowed. If necessary, due to unavailability of a prize, a prize of equal or greater value will be awarded at the discretion of the Sponsor.
c. Acceptance of a prize constitutes permission by Eligible Participants to the Sponsor and their agencies to use Eligible Participant’s names and/or likenesses for purposes of advertising and trade without further compensation, in perpetuity and in any and all media now known or hereafter discovered, unless prohibited by law.
d. An Eligible Participant may be disqualified from participating in this Contest and/or winning a prize for cheating or other bad faith acts in the sole discretion of the Sponsor.
e. The winners may be required to execute and return an Affidavit of Eligibility and Publicity/Liability Release within six (6) days of issuance, and such other documents as Sponsor may require. Failure to return all required documents in this time period or inability of the Sponsor to contact a potential winner after three (3) separate attempts, may result in the winner being disqualified and an alternate winner being selected.
f. If a prize notification is returned to Sponsor as undeliverable or if an entrant is found to be ineligible or declines acceptance of the prize for any reason, an alternate winner will be selected.
g. Prizes are not transferable, assignable or redeemable for cash.
h. All federal, state, and local tax liabilities are the sole responsibility of the winners. Winners may be required to complete and return an IRS W-9 form (i.e. Request for Taxpayer Identification Number and Certification).
8. CONDUCT OF PARTICIPATION
By entering this Contest, Eligible Participant affirms that he or she has read and agrees to abide by these Official Rules and the decisions of Sponsor and that he or she are at least eighteen (18) years of age. Sponsor reserves the right to disqualify any entrant acting in violation of the Official Rules or found tampering with the entry process or with the operation of this Contest. The Contest is governed by the laws of the United States and, by entering, all winners and entrants hereby submit to the jurisdiction and venue of the federal, state and local courts located in Dallas, Texas. ANY ATTEMPT BY AN ENTRANT AND NOMINEE OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE RELATED TO SPONSOR OR THE CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
9. LIMITATIONS OF LIABILITY
Sponsor and each of its respective affiliated entities, affiliates, subsidiaries, parent corporations, and their respective officers, directors, shareholders, employees and agents, are not responsible for any incorrect or inaccurate entry information, theft, tampering, destruction, or unauthorized access to, or alteration of entries; electronic or any other form of malfunctions of any games; printing or other errors; or any entries which are late, lost, delayed, incomplete, misdirected, stolen, mutilated, illegible, or any combination thereof. Sponsor reserves the right to modify, suspend or terminate this Contest in the event that it becomes necessary due to circumstances beyond Sponsor’s control. In the event this Contest is terminated early, a winner may be selected from all complete entries received by Eligible Participants at the time of termination.
10. RELEASE OF LIABILITY
By participating, winning Eligible Participants agree to release, discharge, indemnify and hold harmless Sponsor and each of its respective affiliated entities, affiliates, subsidiaries, parent corporations, and their officers, directors, employees, representatives and agents from and against any claims made by the winners, Eligible Participants or any other third parties related in any way to the operation of this Contest, as well as any other claims, damages or liability due to any injuries, damages or losses (whether alleged, threatened, or actual) to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest.
11. WINNERS LIST AND COPY OF OFFICIAL RULES
For an Official Winners List or a copy of these Official Rules, send a self-addressed, stamped envelope to: Dave & Buster’s 2018 “Super Shot Challenge” Contest - WINNERS - or - OFFICIAL RULES (please specify), c/o Dave & Buster’s, Attn: Marketing, 2481 Mañana Drive, Dallas, Texas 75220. All requests must be received by June 25, 2018.
The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor's failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Winners agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.
13. PRIVACY/USE OF PERSONAL INFORMATION
By entering this Contest, each Eligible Participant agrees to the publication, reproduction and/or other use of his/her name, address, voice, image, statements about this Contest, photograph and/or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of Sponsor, solely regarding the Contest, including, but limited to: print, broadcast, the internet (specifically including but not limited to on Facebook or Instagram with the hashtag: #supershot2018), and on this Contest’s winners list.