Explore & Create: Join in on our #FreestyleFlavorContest and WIN!
Using the hashtag #FreestyleFlavorContest, share a picture of your custom flavored creation. Make sure to tell us what flavors you mixed together in the caption. Five lucky winners will receive an official Coca-Cola stuffed Polar Bear and a $50 gift card to bd’s! Contest runs November 1 – December 31, 2017.
Plus: For a limited time, all Coca-Cola Freestyle beverages, adult and kids size, are worth 3 times the points on My bd’s Rewards!
“#FreestyleFlavorContest” Photo Contest
Important: Please read these rules before entering this contest (the “Contest”).
By participating in this Contest, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
1. ELIGIBILITY: The “#FreestyleFlavorContest photo contest (the “Contest”) is open only to legal U.S. residents of Colorado, Illinois, Kentucky, Michigan, Ohio, Pennsylvania and Wisconsin, who are 13 years or older (as of date of entry), have their parents’/legal guardian’s permission to participate. bd’s Mongolian Grill, Facebook, Inc., any participating sponsors (including Coca-Cola), and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies (collectively, the “Released Parties”) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Contest disruptions, injuries, losses or damages caused by events beyond the control of BD’S MONGOLAIN GRILL or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Contest.
2. CONTEST PERIOD: The Contest starts November 1, 2017 at 12:01 AM Eastern Standard Time (EST) and ends on December 31, 2017 at 11:59 AM EST (the “Contest Period”). All entries must be received during the Contest Period to be eligible to win a prize. bd’s Mongolian Grill’s computer is the official time-keeping device for the Contest.
3. HOW TO ENTER: During the Contest Period post a photo with a description of your favorite Coca-Cola Freestyle beverage using the hashtag #FreestyleFlavorContest. bd’s may display all Submissions on the bd’s Mongolian Grill verified Facebook page, Twitter account or Instagram account. By uploading your Submission, you agree that your Submission conforms to the Submission Guidelines and Content Restrictions listed below (collectively, the “Guidelines and Restrictions”) and that bd’s, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions. By uploading your Submission, in addition to rights granted below, you: (a) grant to bd’s all rights necessary to display your Submission on bd’s Facebook page; (b) hereby waive any so-called moral (e.g., creative rights) in your Submission; (c) represent and warrant that you have the right to grant the rights granted in these Official Rules; and (d) represent and warrant that your Submission and its use as contemplated in these Official Rules does not and will not violate, misappropriate, or infringe upon any law or regulation or the rights of any third party, including any copyright, trademark, or any rights of publicity or privacy, or any other intellectual property or proprietary rights.
▪ The Submission must be a digital photo;
▪ The Submission must be entrant’s original creation and owned one hundred percent (100%) by the entrant;
▪ The Submission cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means; and
▪ The Submission must demonstrate one of the following contest themes (“Contest Themes”):
1) You creating your own unique Coca-Cola Freestyle beverage, along with a description, or
2) You showing the finished beverage along with a description.
▪ The Submission must not contain material that violates, misappropriates, or infringes upon any law or regulation or the rights of any third party, including any copyright, trademark, or any rights of publicity or privacy, or any other intellectual property or proprietary rights;
▪ The Submission must not disparage any person or entity;
▪ The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, and/or defamatory;
▪ The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and ▪ The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created.
For All Posting: You may submit no more than a total of one Post daily during the Contest Period. Submissions received from any person or email address in excess of the stated limit, whether through multiple or different Facebook accounts or other applicable accounts or means, will be void. Entrant must have signed permission from all individuals (parents/legal guardian of children, if featured and if not your own) that appear in the Submission to use their name and image in the Submission and to grant the rights set forth herein. If requested by bd’s Mongolian Grill entrant must be able to provide such permissions in a form acceptable to bd’s Mongolian Grill. By uploading a Submission, entrant grants to bd’s Mongolian Grill (and bd’s Mongolian Grill’s licensees and assigns) a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, and otherwise exploit the Submission in all media now known or hereafter devised, throughout the universe, in any way bd’s Mongolian Grill sees fit including, but not limited to, entertainment, instruction/education, promotional, advertising and/or marketing purposes. In connection with all rights granted herein, bd’s Mongolian Grill shall also have the irrevocable right to incorporate Submissions, in whole or in part, into other works, in any form, media or technology now known or hereafter developed. If necessary, entrant will sign any necessary documentation that may be required for bd’s Mongolian Grill or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Proof of submission will not be deemed proof of receipt by bd’s Mongolian Grill.
4. SELECTION AND NOTIFICATION OF WINNER. Five winners will be randomly selected at the end of contest period. If the sponsor finds fraudulent voting occurring, the entry will be void. The winners will be notified by social media account, phone or email, as well as posted on bd’s Mongolian Grill Facebook page no later than January 7, 2018. To claim the prize, the winner(s) should follow the instructions contained in his or her notification.
5. IDENTITY OF ENTRANT. If a dispute arises about the identity of the entrant, entries made online will be declared made by the authorized account holder of the email address submitted at time of entry. An authorized 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) that is responsible for assigning email addresses for the domain associated with the submitted email address. The potential winner may be required to provide bd’s Mongolian Grill with proof that the potential winner is the authorized account holder of the email address associated with the winning entry.
6. PRIZE. Each of the five prize packages include one (1) Official 30” Coca-Cola Polar Bear and one (1) $50 bd’s gift card. The approximate retail value is $150. Five (5) Prize winners will be selected. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER. The Prizes will be awarded. If any of the Prizes is returned as undeliverable or otherwise not claimed within thirty (30) days after delivery of notification, the Prize will be awarded to an alternate randomly chosen winner. The Prize is not transferable. No substitutions or exchanges (including for cash) of the Prize will be permitted, except that bd’s Mongolian Grill reserves the right to substitute a Prize of comparable or greater value for the Prize. The Prize is awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). The Prize will be fulfilled approximately four (4) to six (6) weeks after Prize winner accepts said prize. The winner will receive:
7. NO FACEBOOK ENDORSEMENT. This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Inc. Twitter or Instagram. Any information you provide in connection with the Contest is to bd’s Mongolian Grill and/or its sponsors/administrators and not to Facebook. You understand that by using and interacting with www.facebook.com, you are subject to the terms, conditions, and policies that govern the use of www.facebook.com. You should therefore review the applicable terms and policies for www.facebook.com, including privacy and data gathering practices, before using or interacting with Facebook.
8. GENERAL RELEASE. By entering the Contest, you release bd’s Mongolian Grill and all Released Parties from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or delivery, mis-delivery, acceptance, possession, or use of or inability to use any Prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
9. AFFIDAVIT AND RELEASE. As a condition of being awarded any Prize, winner may (in bd’s Mongolian Grill’s sole discretion) be required to execute and deliver to bd’s Mongolian Grill a signed affidavit of eligibility, acceptance of these Official Rules, release of liability, and any other legal, regulatory, or tax-related documents required by bd’s Mongolian Grill I in its sole discretion.
10. TERMS: bd’s Mongolian Grill reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Contest should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control (e.g., natural disaster, riot, strike, government intervention, materials shortage) corrupt or affect the administration, security, fairness or proper conduct of the Contest (in whole or in part). In such case, bd’s Mongolian Grill will conduct the Contest and make the prize available to be won for such affected component(s) of the Contest in a manner determined by bd’s Mongolian Grill in its sole discretion to be fair, appropriate and consistent with these Official Rules. Notice of such action by bd’s Mongolian Grill will be posted at all participating
bd’s Mongolian Grill restaurant locations.
11. LIMITATION OF LIABILITY: By participating, you agree to release and hold harmless bd’s Mongolian Grill and its subsidiaries, affiliates, advertising and promotion agencies, partners; prize suppliers (including Coca-Cola); as well as the representatives, agents, successors, assigns, employees, officers and directors of any of the preceding organizations, from any and all liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from participation in the Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion.
12. DISPUTES: THIS CONTEST IS GOVERNED BY THE LAWS OF MINNESOTA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. To the fullest extent permitted by law, as a condition of participating in this Contest, contestant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Dakota County, Minnesota; and, by participating, contestant expressly agrees to the exclusive personal jurisdiction of such courts and waives any right of change of venue, inconvenient forum or the like. Contestant further agrees to bring any such claim individually and not as part of a class action. Further, in any such dispute, under no circumstances will contestant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Contest) [if any], and contestant further waives all rights to have damages multiplied or increased.
13. WINNER LIST: For the name of the prize winner, send a self-addressed, stamped envelope to: bd’s Mongolian Grill, 200 East Travelers Trail, Suite 235, Burnsville, MN 55337, for receipt by January 17, 2018.
14. SPONSOR: The Sponsor of the Contest is: bd’s Mongolian Grill, 200 East Travelers Trail, Suite 235, Burnsville, MN 55337.