OFFICIAL RULES FOR BJ’S 2012 HOLIDAY SURPRISE PROMOTIONAL CARD
NO PURCHASE OR PAYMENT OF MONEY NECESSARY TO RECEIVE OR DETERMINE THE VALUE OF YOUR BJ’S HOLIDAY SURPRISE PROMOTIONAL CARD.
A PURCHASE OR PAYMENT WILL NOT INCREASE THE ODDS OF YOUR RECEIPT OF A MORE VALUABLE HOLIDAY SURPRISE PROMOTIONAL CARD.
OPEN TO ELIGIBLE LEGAL RESIDENTS OF AZ, CA, CO, FL, IN, KS, KY, LA, NM, NV, OH, OK, OR, TX OR WA WHO ARE 18 YEARS AND OLDER AS OF DATE OF ENTRY.
1. HOW TO PARTICIPATE IN BJ’S “HOLIDAY SURPRISE PROMOTIONAL CARD PROMOTION” (the “Promotion”): The Promotion starts on 11/13/12 at 12:00 AM PT and ends at 11:59:59 PM PT on 12/24/12 (“Promotion Period”). There are two ways to receive a BJ's Holiday Surprise Promotional Card (“Promotional Card"):
A. You will receive a Promotional Card when you purchase a BJ’s Gift Card during the Promotion Period worth at least Seventy Five ($75); or,
B. You can receive a Promotional Card without making a purchase by printing your name, complete address (no P.O. Boxes allowed), phone number and date of birth on a 3” x 5” card and mailing it, along with a self-addressed stamped envelope, in a properly stamped outer envelope, to BJ’s Holiday Surprise Promotional Card Request, 35610 Mound Road, Dept. 2080, Sterling Heights, MI 48310 postmarked by 12/26/12, and received by 1/7/13. No mechanical reproductions are allowed. Each request must be mailed in a separate, properly stamped outer envelope. Sponsor is not responsible for late, lost, non-delivered, illegible or postage due mail. Requests and other Promotion materials become the property of Sponsor and will not be returned.
2. HOW TO DETERMINE THE VALUE OF YOUR PROMOTIONAL CARD REWARD:To determine the reward (“Reward”) that you will be eligible to receive for your Promotional Card, visit a BJ’s Restaurant between 1/1/13 and 2/28/13, and prior to being seated, present your Promotional Card to the BJ's Restaurant Manager and request that he/she swipe your Promotional Card. You are not required to dine at the BJ’s Restaurant in order to determine the Reward that you will be eligible to receive for your Promotional Card. For your Promotional Card to be valid, it must be swiped by a BJ’s Restaurant manager.
Each Promotional Card will be associated with one of the Rewards described below. If your Promotional Card is associated with the “NYC Trip” or the $1,000 BJ’s Gift Card, you will receive documentation memorializing that Reward. If your Promotional Card is associated with one of the other BJ’s Gift Cards, the Promotional Card itself will contain the value of that BJ’s Gift Card. Except for the $1,000 and $500 BJ’s Gift Cards which expire on 2/28/14, all BJ’s Gift Cards may only be used for purchases occurring prior to 2/28/13.
Further details about the available Rewards are as follows:
i. NYCTrip (1): One (1) Promotional Cardholder will receive a trip for two to New York City (“NYC Trip” or “Trip”) consisting of (a) round trip coach airfare for two from the major airport nearest to the Promotional Cardholder’s residence to New York City; 3 day/2 night hotel accommodations at a boutique New York City hotel selected by Sponsor (1 standard room; double occupancy); one (1) night’s dinner at a premier Manhattan restaurant;andtwo (2) tickets to attend the holiday (RED) lighting event in New York City ortwo (2) tickets to a Broadway show (Total ARV: $4,000). If the actual retail value of the Trip is less than the stated Total Approximate Retail Value, the Promotional Cardholder will not receive the difference in value. All expenses not specified above, such as meals other than one (1) night’s dinner, beverages, mini-bar, entertainment, telephones, souvenirs, gratuities, ground transportation, insurance, personal or spa services, etc., are solely the Promotional Cardholder’s responsibility. All accommodations and reservations will be arranged by Sponsor and are subject to advance notice, holiday black-out dates,and availability. TRIP MUST BE COMPLETED ON DATES SPECIFIED BY SPONSOR PRIOR TO 12/31/13. Other restrictions may apply. Promotional Cardholder and guest must possess required travel documents and travel together on same itinerary. Sponsor has no responsibility for lost, stolen, misplaced, or mutilated tickets and/or travel documents, baggage, flight delays, or any other occurrences beyond its control. Sponsor has no responsibility for Promotional Cardholder’s inability or failure to accept or utilize the NYC Trip as described herein. Promotional Cardholder and guest must each be 18 years of age or older. Odds of receiving theNYCTrip: 1:50,000. Upon presentment of Promotional Card to BJ’s Restaurant manager, the Promotional Gift Cardholder will be given an Affidavit of Compliance/Eligibility & Publicity/Liability Release (“Affidavit & Release”) to read and sign, as allowed by law, and promptly return as instructed. Promotional Cardholder’s guest must also sign and return a Release, as allowed by law. Failure to sign and promptly return the required documents may result in forfeiture of theNYCTrip. In the event of such forfeiture, Sponsor will randomly select the name of an individual who requested a Promotional Card in compliance with Rule 1.B above to be the alternate potential winner of the NYC Trip.Additionally, the Promotional Cardholder must provide his/her Social Security Number and will receive a Form 1099, as required by law, for the value of the Trip. As a special bonus, Sponsor will deduct $25 from the Promotional Cardholder’s check on the occasion that the Promotional Card is scanned. Neither this Promotional Cardholder nor a member of his/her household is eligible to receive another Reward.
ii. $1,000 BJ’s Gift Card (1): One PromotionalCardholder will receive a BJ’s Gift Card worth One Thousand Dollars ($1,000) for food, beverage and merchandise purchases at a BJ’s Restaurant prior to 2/28/14. Odds of receiving the $1,000 BJ’s Gift Card: 1:50,000. Upon presentment of this Promotional Card to the BJ’s Restaurant manager, the Promotional Card holder will be given an Affidavit & Release to read and sign, as allowed by law, and promptly return as instructed before the BJ’s Gift Card will be activated. Failure to sign and promptly return the required documents may result in forfeiture of the BJ’s Gift Card. In the event of such forfeiture, Sponsor will randomly select the name of an individual who requested a Promotional Card in compliance with Rule 1.B above to be the alternate potential winner of the $1,000 BJ’s Gift Card. Additionally, the Promotional Cardholder must provide his/her Social Security Number and will receive a Form 1099, as required by law, in the amount of One Thousand ($1,000) Dollars. Sponsor will deduct $25 from the Promotional Cardholder’s check on the occasion that the Promotional Card is scanned. Neither this Promotional Cardholder nor a member of his/her household is eligible to receive more than one (1) Reward valued in excess of Twenty-Five (25) Dollars.
iii. Other BJ’s Gift Cards: The remaining Rewards will consist of BJ’s Gift Cards pre-loaded with funds in the amounts set forth below, and unless stated otherwise below, redeemable for food, beverages (excluding alcohol), and merchandise purchases at participating BJ’s Restaurants prior to 2/28/13:
1. $500 BJ’s Gift Card (10):Ten (10) Surprise Cardholders will each receive a $500 BJ’s Gift Cardredeemable prior to 2/28/14. Odds of receiving this Reward: 1:5,000.
2. $25 BJ’s Gift Card (1,500): One Thousand Five Hundred (1,500) Promotional Cardholders will each receive a $25 BJ’s Gift Card. Odds of receiving this Reward: 1:33.
3. $10 BJ’s Gift Card (9,000): Nine Thousand (9,000) Promotional Cardholders will each receive a $10 BJ’s Gift Card. Odds of receiving this Reward: 1:5.5.
4. $5 BJ’s Gift Card (39,488): Thirty Nine Thousand Four Hundred Eighty Eight (39,488) Promotional Card holders will each receive a $5 BJ’s Gift Card. Odds of receiving this Reward:1:1.2.
ODDS OF RECEIVING ONE OF THE ABOVE REWARDS: 1:1. All odds are based on an anticipated maximum distribution of 50,000 Cards.
3. ADDITIONAL APPLICABLE TERMS & CONDITIONS: Only one (1) BJ’s GiftCard per person or party may be used. BJ’s GiftCard may not be used for purchases of alcoholic beverages or payment of gratuities or taxes. A BJ’s GiftCard recipient is not obligated to make any purchase with any BJ’s GiftCard s/he receives as a Reward. Resale of any BJ’s GiftCard is strictly prohibited. All Promotional Cards and/or BJ’s Gift Cards (collectively, “Cards”) are for promotional purposes only; they are not transferable or redeemable for cash; and they may not be combined with any other gift card, coupon or promotional offer. Lost or stolen Cards will not be replaced. Any Cards that have been reproduced, tampered with or obtained other than through legitimate and authorized sources are void. All federal, state and local taxes and other expenses are solely the responsibility of the respective Cardholder. The Rewards described above are not transferable or substitutable except by Sponsor with one of equal or greater value. With the exception of the NYC Trip and the $1,000 BJ’s Gift Card, any forfeited, unclaimed or unredeemed BJ’s GiftCards will not be re-awarded.
You are not obligated to make any purchase with any BJ’s Gift Card you receive as a Reward. Any of the BJ’s Gift Cards may not be used for purchases of alcoholic beverages, gratuities or taxes. Resale of any BJ’s Gift Card is strictly prohibited.
4. ELIGIBILITY:The Promotion is open only to individuals who are legal residents of AZ, CA, CO, FL, IN, KS, KY, LA, NM, NV, OH, OK, OR, TX AND WAwho are 21 years and older as of date of entry; however, officers, directors, employees and independent contractors (and the household members and immediate family members, e.g. children, spouse, siblings, parents, grandparents and the “steps” of each of the aforementioned) of Sponsor, Prize Logic, LLC (“PrizeLogic”), their parent companies, subsidiaries, affiliates, and their advertising, promotion and web design agencies (collectively, “Sponsor & Others”), and other individuals/entities associated with this Promotion are not eligible to enter or win.
5. RELEASE: Each participant in the Promotion hereby releases and agrees to indemnify and hold harmless Sponsor & Others on an individual and collective basis from and against any and all costs, claims,damages, or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to participation in the Promotion, or the receipt, use or misuse, of the respective Reward or Reward-related activity described in Section 2 above, or any component thereof, whether hosted by Sponsor or a third party.
6. LIMITATIONS OF LIABILITY/INTERNET: Sponsor & Others are not responsible for any typographical, clerical or other errors in any Promotion related materials. Participantsfound tampering with or abusing any aspect of this Promotion, as solely determined by Sponsor, will be disqualified and may be subject to prosecution in the judgment of Sponsor. Liability for Promotional Cards containing printing or other errors is limited to replacement with other Promotional Cards, while supplies last. In no event will more Rewards described in Section 2 above be awarded than are stated in these Official Rules. In the event of a printing, typing or other error resulting in more Promotional Cards being associated with a particular reward described in Section 2 above than stated in these Official Rules or, if the Promotion is compromised by circumstances that otherwise interfere with or corrupt the intended operation, security or fairness of the Promotion, Sponsor reserves the right, in its sole discretion to discontinue, suspend or terminate the Promotion and to proceed to distribute the rewards described in Section 2 in a manner it determines fair and reasonable.
7. DISPUTES: Except where prohibited by law, by participating in the Promotion, participants agree that any action arising out of or relating to these Official Rules or the rights and obligations of any participant and/or Sponsor arising out of the Promotion shall be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association ( the “Forum”) and conducted before a sole arbitrator, all pursuant to the Forum’s Commercial Arbitration Rules as supplemented by the Forum’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “Forum’s Rules”). The arbitration shall be held at a location in the state in which the participant lives. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements reference herein that the applicable participant may have entered into in connection with the Promotion. The arbitrator shall not have the power to award punitive damages against the participant or Sponsor. There shall be no authority for any claims to be arbitrated (or otherwise disputed) on a class or representative basis; arbitration can decide only the participant’s and/or Sponsor’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. ANY RIGHT TO A TRIAL BY JURY IS HEREBY WAIVED. Participants also agree that (a) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred; (b) under no circumstances will participants be permitted to obtain injunctive or other equitable relief and a participant's sole remedy will be an arbitration as set forth above; and (c) under no circumstances will participants be permitted, and participants hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise); and (ii) have damages multiplied or otherwise increased. Any challenge to this Section 7 shall also be resolved by an arbitrator of the Forum. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant and/or Sponsor arising out of the Promotion, shall be governed by and construed in accordance with the laws of the State of California without giving effect or regard to any principles or doctrines of conflicts of law. If any provision or provisions of these Official Rules shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
8. GENERAL: By participating in the Promotion, entrants agree to these Official Rules and the decisions of Sponsor and PrizeLogic, the independent agency administering this Promotion, that are final and binding in all matters and all respects relating to this Promotion. This Promotion is void in all jurisdictions other than those expressly included above and wherever else prohibited. Acceptance of a reward described in Section 2 above constitutes the participant’s consent to the use of his/her name, biographical information, photograph and/or likeness for advertising and publicity purposes as determined by Sponsor and its designees and representatives without further compensation, except where prohibited by law. All federal, state and local laws and regulations apply. In no event will more Rewards be awarded than are stated in these Official Rules.In the event of a technological, technical, mechanical or other error or occurrence resulting in more Rewards being claimed than are stated in the Official Rules, a random drawing will be held among those claiming such Rewards to award the actual number of Rewards as stated in these Official Rules for that type of Reward.
9. Winners list:To obtain the names of the recipients of Rewards valued at $500 or more, send a self- addressed stamped envelope, by 3/30/13 to: BJ’s Holiday Promotional Card Winners List, 35610 Mound Road, Dept. 900, Sterling Heights, MI 48310.
SPONSOR: BJ’s Restaurants, Inc., 7755 Center Ave., Suite 300, Huntington Beach, CA 92647.
© 2012 BJ’s Restaurants, Inc.