General Sweepstakes or Contest Rules:
Phil’s BBQ of Point Loma, Inc., its affiliated companies and dbas (collectively, the “Phil’s BBQ”), will conduct its contests substantially as described in these general sweepstakes or contesting rules, and by participating, each participant agrees as follows:
Phil’s BBQ may from time to time conduct contests and/or sweepstakes in one or several of its locations, either individually or simultaneously.
1. Prize(s) and Dates. The prize(s) that may be awarded to the eligible winner(s) are not transferable, redeemable for cash or exchangeable for any other prize. Blackout dates apply. Certain prizes are date specific (i.e. Back Yard BBQs and Cook on Site BBQs), and the winner or winners must be present and available on the date specified for the Back Yard BBQ or Cook on Site BBQs. All Back Yard BBQs and Cook on Site BBQs must be redeemed within 1 year of the contest end date and may not be redeemed on and between July 4, 2019 through and including Labor Day, September 2, 2019, as well as holidays or on days Phil’s BBQ is closed. If within 30 days from the end of contest, a winner cannot be contacted or identified, or is disqualified for any reason, Phil’s BBQ reserves the right to determine an alternate winner or not to award that winner’s prize, in its sole discretion.
2. Eligibility and Limitations. No purchase or payment is necessary in order to enter the Sweepstakes or Contest. Participants and winner(s) must be U.S. residents and age 18 or older in order to play. The sweepstakes end date is 2/10/19 (PST). All prizes will be awarded on February 11, 2019. Only one (1) entry form may be submitted per person per day. The deadline for submission of individual entry forms is no more than 2 calendar days after the date stamped on the individual entry form during normal business hours of operation. Employees of Phil’s BBQ, the Contest’s participating sponsors (if any) and their advertising agencies, and members of the immediate family of any such employees or persons are not eligible to participate and win. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.
3. Telephone and Delivery Disclaimer. For all sweepstakes and contests, and when applicable, Phil’s BBQ disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method. Phil’s BBQ is not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries (not applicable to Shutdown Sweepstakes), traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Contest, and any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Contest. Entry forms in a register-to-win sweepstakes or contest must be handwritten, and submitted in person during normal business hours of operation. No photocopies or mechanical reproductions of entry forms is permitted.
4. Publicity; Use of Personal Information. By participating, and where allowed by law, all participants and winner(s) grant Phil’s BBQ exclusive permission to use their names, characters, photographs, voices, videotape, and likenesses in connection with the promotion of this and other contests or sweepstakes, and waive any claims to royalty, right, or remuneration for such use. By participating in the contest or sweepstakes, and where allowed by law, participants agree that Phil’s BBQ may disclose personal information obtained from participants in the contest or sweepstakes to third parties and use such information for marketing and other purposes.
5. Release. By participating in the contest or sweepstakes, each participant and winner waives any and all claims of liability against Phil’s BBQ, its employees and agents, the contest’s sponsors (if any) and their respective employees and agents, for any personal injury or loss which may occur from the conduct of, or participation in, the contest or sweepstakes, or from the use and redemption of any prize. In order to receive a prize, participants must sign an official waiver form provided by Phil’s BBQ.
6. Taxes. Any valuation of the prize(s) stated above is based on available information provided to Phil’s BBQ, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes related to the prize(s). Each winner must provide Phil’s BBQ with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from Phil’s BBQ will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS or any other required taxing authorities.
7. Conduct and Decisions. By participating in the contest and sweepstakes, participants agree to be bound by the decisions of Phil’s BBQ personnel. Persons who violate any rule, gain unfair advantage in participating in the contest, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. Phil’s BBQ will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules of the contest and Phil’s BBQ’s decisions concerning such disputes shall be final. If the conduct or outcome of the contest is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of Phil’s BBQ, Phil’s BBQ reserves the right to terminate this contest or sweepstakes, or make such other decisions regarding the outcome as Phil’s BBQ deems appropriate. All decisions will be made by Phil’s BBQ and are final. Phil’s BBQ may waive any of these rules in its sole discretion. Any attempt by an entrant or any other individual to deliberately circumvent, disrupt, damage or undermine the legitimate operation of this contest or sweepstakes is a violation of criminal and civil laws. Should such an attempt be made, Phil’s BBQ reserves the right to seek civil and/or criminal prosecution and/or damages from any such person to the fullest extent permitted by law.
8. Miscellaneous. Void where prohibited by law. The odds of winning depend upon the number of participants and entries submitted to and received by Phil’s BBQ. A total of 34 entries is required in order to complete the Shutdown Sweepstakes. Each winner must submit proof of eligibility if so requested, and sign Phil’s BBQ’s release form to claim any prize. Phil’s BBQ may substitute prizes, amend the rules or discontinue the contest or sweepstakes at any time. Phil’s BBQ disclaims any responsibility to notify participants of any aspect related to the conduct of the contest. For a copy of the rules, or a list of winners, please visit www.philsbbq.net/sweepstakes. All entries become the property of Phil’s BBQ and will not be returned.
9. Compliance with Law. The conduct of the contest or sweepstakes is governed by the laws of the State of California. Phil’s BBQ shall follow these applicable laws for conducting contests, including notice to the state Attorney General or consumer affairs office, posting of a prize bond if required, furnishing lists of winners, providing specific written information about the contest or sweepstakes, etc. as required by local and state law.