MOOYAH Burgers, Fries & Shakes: Best Burger of the United States (BOTUS) Contest Official Rules

By participating in this contest (this “Promotion”), entrants acknowledge and agree to abide by these “Official Rules.” Any violation of these rules may result in disqualification at the Sponsor’s discretion. The Sponsor’s decisions regarding this Promotion are final and binding in all respects. 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. COMPLETION OF THE SURVEY IS REQUIRED. 

1. SPONSORSHIP AND ADMINISTRATION. This Promotion is sponsored and administered by MOOYAH Burgers, Fries & Shakes, located at 5412 W Plano Parkway
   Suite 100, Plano, TX 75093 (the “Sponsor”). 
2. ELIGIBILITY: The contest is open to legal residents of the United States who are 18 years of age or older at the time of entry. Employees, officers, directors, agents, and representatives of the Sponsor, its parent companies, subsidiaries, affiliates, and advertising and promotion agencies (collectively, the "Promotion Entities"), as well as the immediate family members and household members of each such person, are not eligible to enter.
3. CONTEST PERIOD:
   1. Nomination Phase: September 2, 2024, at 12:00 AM (CST) to September 30, 2024, at 11:59 PM (CST).
   2. Voting Phase: October 3, 2024, at 12:00 AM (CST) to October 17, 2024, at 11:59 PM (CST).
4. HOW TO ENTER: To enter, visit MOOYAH’s Best BOTUS contest page and complete the online form by submitting your Best BOTUS burger creation using only ingredients available at MOOYAH and giving your creation a unique name. No purchase is required to participate. All entries must be received during the Nomination Phase. Only one (1) entry per person is permitted.
5. SELECTION OF FINALISTS: At the end of the Nomination Phase, the Sponsor will review all eligible entries and select two (2) finalists based on creativity and customization. The finalists will be contacted during the week of October 1, 2024.
6. VOTING PHASE AND WINNER SELECTION: On October 3, 2024, the two finalists' burger creations will be announced, and the public voting phase will begin. Voters will have until October 17, 2024, to vote for their favorite recipe. The finalist with the most votes at the end of the Voting Phase will be declared the winner.
7. PRIZES: Prizes are non-transferable and cannot be substituted for cash.
   1. Grand Prize: Free MOOYAH for a year (awarded as 52 gift cards, each valued at $10) and the winning burger will be featured on the MOOYAH Hall of Dang secret menu until January 2025.
   2. Second Place: $100 MOOYAH gift card.
   3. Third Place: Free MOOYAH swag.
8. DISQUALIFICATION: Entries that do not adhere to these Official Rules or contain inappropriate content, as determined by the Sponsor in its sole discretion, will be disqualified.
9. GENERAL CONDITIONS: By participating, entrants agree to abide by these Official Rules and decisions of the Sponsor, which are final and binding in all respects. Sponsor reserves the right to cancel, suspend, or modify the contest if fraud, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity of the contest.
10. LIMITATION OF LIABILITY: Sponsor is not responsible for technical failures or issues outside of its control. By participating, entrants agree to release, discharge, and hold harmless the Sponsor, its affiliates, and other Promotion Entities from any liability or damages arising from participation.
11. PRIVACY: Information collected from entrants, including the entrant’s name, the content of entry form responses, and contact information, will be used to administer the contest, award prizes, and for editorial, advertising, marketing, publicity, and administrative purposes by Sponsor and/or others authorized by Sponsor. Collected information will not be sold or shared with third parties, except as required by law.
12. WINNER’S LIST: For a list containing the names of the winners, send a self-addressed stamped envelope, within three (3) months of end of the Nomination phase: MOOYAH Burgers, Fries & Shakes, 5412 W Plano Parkway, Suite 100, Plano, TX, 75093, Attn: Winner List – BOTUS Campaign
13. TAXES. All federal, state and/or local income and other taxes, if any, are the winner’s sole responsibility.
14. ODDS OF WINNING. The odds of winning this Promotion depend on the number of eligible entries received. Winning submissions will be selected based on creativity and customization.
15. NO PRIZE TRANSFER OR SUBMISSION. No Prize or any portion thereof is transferable or redeemable for cash. Any portion of the Prize that is not used is forfeited. No substitutions for a Prize will be made except by the Sponsor, in which case, a prize of equal or greater value will be substituted. 
16. CONSENT AND RELEASE. By entering this Promotion, each entrant releases and discharges the Sponsor and any other party associated with the development or administration of this Promotion, their parents, subsidiaries, affiliates, franchisees, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “Sponsor Entities”), from any and all liability whatsoever in connection with this Promotion, including, without limitation, legal claims, costs, injuries, losses or damages, demands or actions of any kind (including, without limitation, personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”). Except where prohibited: (a) entry into this Promotion constitutes the consent of each entrant, without further compensation, to use the entrant’s name, content of survey responses, and contact information for editorial, advertising, marketing, publicity, and administrative purposes by Sponsor and/or others authorized by Sponsor; (b) acceptance of a prize constitutes a release by any winner of the Sponsor Entities of any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of any prize; and (c) any potential winner may be required to sign an affidavit of eligibility and a liability/publicity release. If required, fully executed affidavits and releases must be received by the Sponsor within thirty (30) days from the date that the Sponsor first tries to notify the potential winner.
17. DISCLAIMERS. (a) The Sponsor is not responsible for entries that are lost, late, misdirected, incorrect, garbled, illegible, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at the Sponsor’s servers or elsewhere. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. (b) The Sponsor, in its sole discretion, reserves the right to disqualify any entrant tampering with the entry process or otherwise attempting to undermine the legitimate operation of the Promotion. Use of bots or other automated processes to enter is prohibited and may result in disqualification at the sole discretion of the Sponsor. (c) The Sponsor further reserves the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. (d) Sponsor Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel this Promotion based upon such error at its sole discretion without liability. In no event will the Sponsor be responsible for awarding more than the number of prizes specified in these rules. © In the event this Promotion is canceled or terminated, pursuant to subparagraph (c) or (d), the Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. (f) SPONSOR ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. No substitution or compensation will be given for any portion of the prize that is not used. 
18. APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Official Rules is invalid or unenforceable, then that provision will be removed from the Official Rules without affecting the rest of the Terms. The remaining provisions of these Official Rules will continue to be valid and enforceable. Issues concerning the construction, validity, interpretation, and enforceability of these Official Rules shall be governed by the laws of the State of Texas, without regard to any principles of conflict of laws. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.