wednesday, october 24

4th Annual “Health Kwest” 2014 Contest
Official Contest Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE
YOUR CHANCESOF WINNING.
Definitions: “Contest” means the “Health Kwest” Contest. “Entrant” means the individual submitting the photo and
participating in the Contest. “Sponsor” means Genghis Grill-The Mongolian Stir Fry, its successors, assigns, agents,
representatives, and affiliated entities, and their respective officers, directors, employees, contractors, and agents.
Participation constitutes Entrant's full and unconditional agreement to and acceptance of these Official Rules. The
Contest will begin at 12:00 a.m. Eastern Standard Time (EST) on January 1, 2014, and end at 11:59 p.m. PST on April
10, 2014. The Contest Sponsor is Genghis Grill- The Mongolian Stir Fry, 18900 Dallas Parkway Ste. 125, Dallas, TX
75287, who is solely responsible for all aspects of this Contest.
Eligibility: The Contest is open and offered only to legal residents of Alabama, Arizona, Arkansas, Colorado, Florida,
Georgia, Iowa, Illinois, Kansas, Kentucky Louisiana, Maryland, Minnesota, California, North Carolina, New Mexico,
Nevada, Oklahoma, South Carolina, Tennessee, Texas and Virginia (“U.S.”) only and shall only be construed and
evaluated according to U.S. law. Do not enter the Contest if you are not (i) a legal U.S. resident located in the U.S.,
and (ii) a legal residents of the 50 United States, D.C who has the age of majority in his or her state of residence at
the time of entry. Employees and their immediate families (parent, child, sibling or spouse) and/or household
members of each of Genghis Grill-The Mongolian Stir Fry (“Sponsor”), its respective parents, subsidiaries, affiliates,
distributors, sales representatives, advertising and promotional agencies and any other persons or entities
associated with this promotion are ineligible to enter or win. By participating, you agree to abide by and be bound
by these Official Rules. Void where prohibited by law. All federal, state and local laws and regulations apply.
Contest Timing:
Application Period: The Application Period (“Application Period”):
•
12:00:01 p.m. ET on January 1, 2014 through 11:59:59 a.m. ET on January 25, 2014.
Selection Period: The Selection Period (“Selection Period”);
•
12:00:01 p.m. ET on January 27, 2014 through 11:59:59 a.m. ET on February 3, 2014
•
Official documents sent to Finalist on February 4, 2014.
Contest Period: The Contest period (“Contest Period”):
•
First weigh in for finalist February 2, 2014 through February 10, 2014
•
12:00:01 p.m. ET on February 10, 2014 through 11:59:59 p.m. ET on April 11, 2014.
•
Second weigh in March 9, 2014 through March 12, 2014.
•
Third and final weigh in April 11, 2014 through April 13, 2014.
•
Mini Prize winners announce on or about February 20, March 20, and April 9, 2014.
•
Grand Prize & Second Prize winners will be announced on April 16, 2014.
Qualifications: Each photo entry must be an original work and sole property of the Entrant. Photos must not
have been altered, must not have been previously published for any commercial purpose, must not have won
previous awards or prizes, and must not infringe upon the copyrights, trademarks, rights of privacy ,rights of
publicity or other intellectual property or other rights of any person or entity. If the photo contains any material or
elements that are not owned by the Entrant and/or are subject to the rights of third parties, Entrant represents and
DALLAS
PARK WEST
- 1590
B JOHNSON
FREEWAY,
DALLAS,
TX -necessary
972.869.4300
warrants thatOMNI
Entrant
has obtained
any
andLYNDON
all releases
and consents
of third
parties
to permit the use
and exhibition of the photo by Sponsor in the manner set forth in these Official Rules, including, without limitation,
name and likeness releases for any person who appears in or is identifiable in the photo. The submitted picture must
be of the Entrant.
How to Participate: Entrants can enter the Contest by submitting a photo and completing the Contest entry form
at www.healthkwest.genghisgrill.com or you can fill out the Contest entry form at a Genghis Grill location near you.
The photo must be of digital quality, non-returnable and current (must be taken less than 30 calendar days from
submission). The photo must show the entire body, a before shot, of the Entrant (for males- without shirts or with proper
attire; for females-with proper attire). Photos must conform to the formats specified and accepted by the Sponsor site
as a jpg or .gif format. To complete the Contest entry form, the Entrant needs to provide first name, last name, mailing
address, (including city, state & zip code), daytime phone number, store number/location, and a valid email address.
The Entrant is responsible for all costs associated with the uploading the action photo. The Entrant is responsible for
validating each photo entry via email.
WEDNESDAY, OCTOBER 24
All entries must be received by 11:59 p.m. ET on January 25, 2014. Incomplete entries, or those containing incorrect
information, will be voided. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor.
Sponsor reserves the right to disqualify any Entrant for any purpose. By participating in this Contest, Entrant agrees
to be bound by these Official Rules and the decisions of the Sponsor which are final and binding in all matters relating
to the Contest. Limit one (1) entry per person, per valid e-mail address and per household.
Additional entries received from any person, e-mail address or household thereafter will be void. If the original digital
photograph was saved at a lower resolution and attached to the Official Online entry Form, save the original high
resolution for potential future use by Sponsor and its designees. All required information must be completed to enter
and to be eligible to win. Incomplete entries will be disqualified. Sponsor reserves the right, in its sole discretion, to void
any and all entries of an entrant that submits more than the stated maximum limit of entries by using multiple/different
addresses, identities, or any other methods, or who Sponsor believes has attempted to tamper with, influence or impair
the administration, security, fairness, or proper play of this Contest. Proof of entering information is not considered proof
of delivery to or receipt by Sponsor of an entry. Released Parties are not responsible for: lost, late, incomplete, illegible,
incorrect, damaged, delayed, garbled, undelivered, misdirected photographs. All entries become the exclusive property
of Sponsor and will not be acknowledged or returned. Your submission of an entry constitutes your representation of
eligibility, consent to participate in Contest and consent for Sponsor to obtain, use, and transfer your name, address and
other information for the purpose of Contest administration.
Photo entries may not contain any image or depiction of the following: (i) materials which include or constitute
trademarks, trade names or copyrighted works created or owned by any person or entity other than Entrant or for which
the Entrant has not obtained owner’s permission to use; (ii) materials bearing profanities, or bearing the name or likeness
of any celebrity, living or dead; (iii) materials which contain visible identifiable or potentially identifiable information
including but not limited to phone numbers, website links, street addresses, email addresses or license plate numbers;
(iv) inappropriate behavior for a general audience; (v) nudity or any depiction of real or simulated sexual acts; (vi) violence
in any form; (vi) materials which violate anyone’s reasonable privacy expectations, violate any known agreement, or which
are defamatory in nature; (viii) materials which are derogatory to Sponsor, or any affiliated entity or person; (ix) materials
which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or
preference; (x) materials in which any person identifiably appears where no appropriate written release has been obtained
from such person granting all rights required herein; and, (xi) materials which do not comply with all other requirements in
these Official Rules. Entries which do not conform to these guidelines will be disqualified. Sponsor reserves the right to
reject or disqualify any entry which Sponsor, in its sole and absolute discretion, determines to be inconsistent with the
letter or spirit of the Official Rules or potentially damaging to its, the Contest’s, or another’s image or reputation. Waiver;
Indemnification; Limitation of Liability: Entrant hereby waives, releases, and agrees to indemnify Sponsor, from any and all
claims that Entrant may now or hereafter have in any jurisdiction arising from or in any way associated with Entrant’s
participation in the Contest, including but not limited to, claims, injuries, or damages relating to violations of rights of
publicity, personality rights, loss of privacy, moral rights, negligent infliction of emotional distress, or unfair competition with
respect to Sponsor’s exploitation of the photo without further compensation to Entrant of any kind. Sponsor is not
responsible for any incorrect or inaccurate information, whether caused by Entrants, or by any equipment or programming
associated with the Contest, or by any technical or human error which may occur in the operation of the Contest, including
but not limited to, misprints or typographical errors. If the Contest is not capable of running as planned for any reason,
including but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical
failures, or any other causes beyond the control of the Sponsor, the Sponsor reserves the right, at its sole discretion, to
disqualify any individual who tampers with the entry process (if applicable), and to cancel, terminate, modify or suspend the
Contest in whole or in part, at any time, without notice. Sponsor shall have sole discretion to award the prize using all
non-suspect eligible entries received as of the termination/suspension date. Sponsor 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, or alteration of, entries. The Sponsor also is not responsible for any problems or
technical malfunction of any telephone network or telephone lines, computer on- line systems, servers, or providers,
computer equipment, software, failure or delay of any email or entry to be received by Sponsor on account of technical
problems, human error or traffic congestion on the Internet or at any website, or any combination thereof. Sponsor is not
responsible for any damage to an Entrant’s system which is occasioned by participating in this Contest or by downloading
or viewing any information necessary to participate in the Contest. Sponsor also is not responsible for incorrect or inaccurate
entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized
in the Contest or by any technical or human error which may occur in the processing of the entries in the Contest. All claims
or disputes relating to the Contest shall be governed by the laws of the State of New York without respect to conflict of law
principles. If any provisions of the Official Rules are determined by a court of competent jurisdiction to be invalid or
unenforceable, such determination shall not affect the validity or enforceability of any other provision. CAUTION: ANY
ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A
VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT
TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST
EXTENT PERMITTED BY LAW. In the event of a dispute regarding the identity of an individual who actually submitted an
online entry, the entry will be deemed submitted by the authorized account holder of the email account. "Authorized
account holder" is defined as the natural person who is assigned to an email account 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 submitted email address.
Winner Determination: The Grand Prize Winner will be determined in two (2) phases:
1)
Finalist Selection: Based on the eligible Photo/Registration entries received between January 1, 2014 and ends
11:59 p.m. ET on January 25, 2014, up to one hundred ten (110) finalists will be selected (one per Genghis Grill location
from all of the submitted entries) will be selected by the judge (or panel of judges) based on the following criteria:
completion of application (50%), social media presence (50%). If there are entrants that applied for a particular location
or if the panel of judges feels there is no finalist that best represents that location for the contest, there will be no chosen
finalist.
2)
Finalist Notification: All Contest finalists will be notified by the Sponsor between January 29, 2014 and February
10, 2014. Finalist notifications additional instructions will be sent via email, phone, and/or USPS mail.
3)
Earning points: Each finalist will have the opportunity to earn (1,000) points via
percentage of weight loss and (1,000) points completing daily social media tasks. A
list of available points will be made available at: www.healthkwest.genghisgrill.com.
The final winner with the most accumulated points at the end of the Contest Period will be
considered the Grand Prize Winner, subject to the Sponsor’s sole discretion.
Prizes: There will be one (1) Grand Prize, one (1) Second Prize, and three (3) Mini Prize winners awarded.
•
Grand Prize will be awarded upon confirmation of eligibility; will receive a $10,000 cash award on or about
April 16, 2014.
•
Second Prize winner will be awarded upon confirmation of eligibility; will receive a $1,500 cash award on or
about April 16, 2014. Second Prize winner will be determined based solely on the second half of the Contest using the
percent weight lost and social media task points from March 12, 2014 (after the second weigh in) until April 11, 2014
(after the final weigh in).
•
Mini Prize winners will receive a prize valued between $300-500. The prizes winners will be announced on or about
February 20, March 20, and April 9, 2014.
Each Contest finalist will receive 60 Genghis Grill bowls (available for redemption for 60 days). Each bowl will be made up
of ingredients of the winner’s choice. Each Genghis Grill bowl has an Approximate Retail Value of $599. The prizes are not
exchangeable or transferable. There are no substitutions unless specified by the Sponsor. The Sponsor reserves the right
at its sole discretion to substitute any prize package with another prize of equal or greater value.
Contest Prize Conditions: The Grand Prize Winner is solely responsible for all applicable federal, state, and local taxes
associated with the receipt of any prize. The Grand Prize winner will be required to sign an Affidavit of Eligibility and
Liability/Publicity Release, and return it within 10 days of written notification. If a prize or prize notification is returned
as unclaimed or undeliverable to a potential winner, if potential winner cannot be reached within three (3) calendar days
from the first notification attempt, or if potential winner fails to return requisite document within the specified time period,
or if a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s
sole discretion, an alternate winner may be selected for the prize at issue. The winner’s entry into the Contest constitutes
permission (except where prohibited) for the Sponsor to use said winner’s name, photograph, likeness, statements, and
biographical information, in all forms of media, in perpetuity, without notice or further compensation.
Miscellaneous: By entering, each participant warrants and represents that his/her entry submitted does not violate any
federal, state or local laws or ordinances. Participant further warrant and represent that (1) that Sponsor shall own the
entries (and all material embodied therein) and will not be acknowledged or returned; and (2) that by entering, the
Participant irrevocably assigns to Sponsor and its designees any and all rights, title and interest in the entry including
but not limited to all intellectual property rights; and (3) that Sponsor and its designees shall have, without limitation,
the perpetual right worldwide to edit, adapt, modify, publish, exploit and use the Entries in any way and in any and all media
for trade, advertising, promotional, public relations and/or other purposes as Sponsor and/or its designees may determine
without further permission from, or notification or consideration to the Participant. The Participant further agrees (1) to
abide by these Official Rules and the decisions of the Sponsor and judges which shall be final and binding; (2) that Sponsor
and its designees shall have the right and permission to use (unless prohibited by law) Participant name, voice, appearance,
image, city and state of residence, photograph and/or likeness for advertising and/or promotional and/or public relations
and/or trade and/or any other purpose in any and all media now or hereafter known throughout the world in perpetuity
without further compensation, permission or notification to the Participant; and (3) that the Released Parties shall have no
liability and will be held harmless by the Participant for any liability, loss, injury or damage to Entrants or any other person
or entity, including personal injury or death to Entrants or any other person or damage to personal or real property, due in
whole or in part, directly or indirectly. Sponsor reserves the right, in its sole discretion, to modify, terminate or suspend
Contest should any non-authorized intervention or causes (including but not limited to threats of terrorist activity, inability
to secure any prize component, labor strikes, and/or acts of God) corrupt or impair the administration, security, fairness,
judging, or proper play of Contest and, if Contest is terminated, award prize from among all non-suspect, eligible Entries
received prior to suspect event requiring such termination using the judging procedure specified above.
Use of Data: Genghis Grill respects your privacy. All information is kept by Genghis Grill and used for Limited Loyalty purposes
or Franchise Sales purposes only. Information is not sold, traded or given to any other entities. We will provide you with notice
if our privacy policy changes. An opportunity to reject such changes will be provided. We use safe, secure technology and
other privacy protection program to keep your personal information. Please direct any other comments, suggestion, and
questions to [email protected].
Winner’s Name: To request a copy of list of the winner, please send a self-addressed, stamped business size envelope, by
June 30, 2014, to: ASC/ “Health Kwest” Contest, Winner List, 300 State Street, Suite 402, Rochester, NY 14614.
Official Rules: To request a copy of the name of winner, please send a self-addressed, stamped business size envelope, by
April 15, 2014, to:ASC/ “Health Kwest” Contest, Official Rules request, 300 State Street, Suite 402, Rochester, NY 14614.
Sponsor: Genghis Grill-The Mongolian 18900 Dallas Parkway Ste. 125 Dallas, TX 75287