Winning On All Cylinders Leaderboard Competition

Official Rules

 

NO PURCHASE NECESSARY TO ENTER SWEEPSTAKES ONLY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING THE SWEEPSTAKES PRIZE.

 

1. Eligibility: Winning On All Cylinders Leaderboard Competition (the “Promotion”) consists of the following promotional games:

 

A.    Monthly Local Contests (offered at each of the 155 Dave and Buster’s Stores in the 50 United States, the District of Columbia and Puerto Rico, but excluding Iowa, Louisiana, Maryland and Tennessee and open to individuals who are 13 years of age or older). There are 5 independent Contests, each associated with 1 of the 5 participating video games, for each of the 3 Monthly Local Contest Periods offered at each Store;

 

B.    National Contests: there are 5 independent National Contests, each associated with 1 of the 5 participating video games (same eligibility as above); and

 

C.    1 Grand Prize Sweepstakes open to legal residents of the 50 United States, District of Columbia and Puerto Rico, 13 years of age or older.

 

The timing for each of the promotional games is set forth in Section 4 below.

 

If you are a minor in your jurisdiction of residence, you must have the consent of your parent or legal guardian in order to participate.

 

Employees of Sponsor (“Sponsor”), Merkle Inc. (“Administrator”), participating video game manufacturers, and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. The Contests are void in Iowa, Louisiana, Maryland and Tennessee.

 

2. Sponsor: Dave & Buster’s, Inc., 1221 S. Beltline Rd., Suite 500 Coppell, TX 75019. Administrator: Merkle Inc. (previously known as HelloWorld, Inc.), 3000 Town Center, Suite 2100, Southfield, MI 48075.

3. Agreement to Official Rules: Participation constitutes entrant’s full and unconditional agreement to these Official Rules. Sponsor’s and Administrator’s decisions are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.

 

4. Timing: The Promotion begins June 11, 2025 at 10:00 a.m. Eastern Time (“ET”) and ends on September 1, 2025 at 7:00 a.m. ET (the "Promotion Period"). The timing for each of the 3 Monthly Local Contests is set forth below, the National Contests and the Sweepstakes each span the entire Promotion Period (also set forth below).

 

Entry Period

Start Date

End Date (at 7:00 a.m. ET)

Approximate Winner Notification Date

June Local Contest

June 11, 2025 at 10:00 a.m. ET

July 1, 2025

July 8, 2025

July Local Contest

July 1, 2025 at 7:01 a.m. ET

Aug 1, 2025

August 8, 2025

August Local Contest

Aug 1, 2025 at 7:01 a.m. ET

September 1, 2025

September 9, 2025

National Contest

June 11, 2025 at 10:00 a.m. ET

September 1, 2025

September 9, 2025

Sweepstakes

June 11, 2025 at 10:00 a.m. ET

September 1, 2025

September 26, 2025

 

Sponsor’s servers are the official time-keeping devices for the Promotion.

 

5. How to Enter Monthly Local and National Skill Based Contests:

 

Step 1 -- Visit a kiosk at any eligible Dave & Buster’s “Store”, create or log into your Dave & Buster’s Rewards Account (“Rewards Account”) using your telephone number and opt-in to this Promotion by creating a username (“Play ID”) and agreeing to these Official Rules.

 

Please Note:

·         To join Dave & Buster’s Rewards, you must provide the telephone number of your mobile device and agree to receive text messages from Sponsor. Standard data charges from your wireless carrier may apply.

·         You may only have 1 Play ID per Rewards Account. You must also have at least 1 Power Card with an available balance associated with your Rewards Account in order to play the participating video games. All Power Cards purchased using a single Rewards Account will accrue game plays for the single Play ID associated with the registered account holder of the Rewards Account, regardless of the actual player.

 

Step 2 -- During the Promotion Period, use a physical Power Card associated with your Play ID to play any of the following 5 participating video games (each, a “Game”) to participate in the Monthly Local Contest for that Game and the National Contest for that Game. Each of these Games requires hand-eye coordination, precise control and quick reflexes to “Win” the Game. Each time you Win 1 of the 5 Games, as determined by the applicable Game’s technology and described in the table below, your Win will be saved and counted by Sponsor. In addition, your Win will be displayed as one additional point on the Leaderboard made available in-Store, in the App or on daveandbusters.com.

 

Game

How to Win

Hot Wheels Victory Lap

Win the race by being the first of 8 competitors to finish the course. To go faster and finish the course you must avoid sides of track, other cars and scattered road hazards. To maximize your speed, you may jump through hoops to earn speed boosts.

NASCAR Pit Stop

Win by hitting the jackpot by stacking 3 tires in each of 3 tracks. Winning requires precise timing and accuracy when you drop each tire.

Top Gun: Maverick

Win the race by being the first of 4 competitors to complete the mission. To finish you must avoid obstacles, collect boosters and shoot targets to meet the mission objectives.

Cruis’n Blast

Win this race by being the first of 10 competitors to cross the finish line. To maintain top speed avoid sides of track, other cars and scattered road hazards and use your 3 allotted speed boosts strategically.

Super Bikes 3

Win the race by being the first of 10 competitors to finish. Must sit on bike and use body weight to move side to side to turn. To maintain top speed avoid sides of track, other bikes and scattered road hazards and use your 3 allotted nitro boosts strategically.

 

When you play any of the Games that involve playing against other competitors, between 1 and 3 of the other competitors can be real people who are in Store; any spots not filled by real people as well as the remaining spots in the Game will be filled with Game simulated players. Simulated players are programed to operate at the same level as the average live player. Accordingly, the likelihood of prevailing in any given Game is the same for live players as it is for simulated players. Top Gun: Maverick, Cruis’n Blast and Super Bikes 3 allow you to select your difficulty level. For purposes of the Contests, winning at the easiest difficulty level will be counted the same as winning at harder difficulty levels.

 

6. Winner Determination of the Monthly Local and National Skill Based Contests:

 

A.    To Win a Monthly Local Contest: There will be 5 winners per Store for each of the Monthly Local Contests, 1 winner per each individual Game. The entrant with the most Wins on each individual Game during the applicable Monthly Entry Period will be a potential winner of the Monthly Local Contest for the applicable Game (subject to the win limit set forth in Section 11 below).

 

B.    To Win a National Contest: There will be 1 first, 1 second and 1 third place winner on each of the 5 individual Games for the National Contest. The entrant with the most Wins on each individual Game during the Promotion Period will be deemed a potential First Prize winner. The entrants with the second and third most Wins on each individual Game during the Promotion Period will be deemed the potential Second and Third Prize winners, respectively, for that Game (subject to the win limit set forth in Section 11 below).

 

C.    Tiebreaker for All Contests: In the event of a tie, the first entrant to complete the most Wins during the applicable Entry Period for the applicable Game will be deemed the potential winner from amongst tied entrants.

7. How to Enter the Grand Prize Sweepstakes: There are two ways to enter.

 

A.    Enter by Playing Video Games:

 

Step 1 – Fulfill participation requirements and opt-in to the Promotion by taking the steps set forth in Section 5, Step 1 above.

 

Step 2 -- Play any of the 5 Games during the Promotion Period. For each Win you earn you will receive 1 entry into the Grand Prize Sweepstakes.

B.    Enter Without Playing Video Games (Note: this is the only Sweepstakes entry method available to residents of Iowa, Louisiana, Maryland and Tennessee): To enter the Sweepstakes without playing a Video Game, print your name, address, phone number, email address and date of birth on a piece of paper and mail it in an envelope with proper postage to Winning on All Cylinders Leaderboard Competition,” c/o Merkle Inc., P.O. Box 5046, Department 866996, Kalamazoo, MI 49003-5046, U.S.A. You will receive 1 entry into the Sweepstakes. Limit: 1 entry per envelope. All mail-in entries must be postmarked by September 2, 2025 and received by September 16, 2025. All entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified.

8. Promotion Entry Limits and Additional Requirements: You may only receive 2 Sweepstakes entries per day for a total of 25 Sweepstakes entries over the course of the Promotion Period by any combination of Sweepstakes entry methods. Multiple entrants are not permitted to share the same telephone number, Rewards Account or Play ID. Any attempt by any entrant to obtain more than the stated number of Sweepstakes entries by using multiple/different telephone numbers, identities, Rewards Accounts, Play IDs, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and may result in disqualification. In the event of a dispute as to the identity of an entrant, Sponsor and Administrator will rely on the information submitted by the entrant to enroll in the Rewards Account. If any additional information provided by entrant is inconsistent with the information provided when enrolling for a Rewards Account and opting-into this Promotion, Sponsor and/or Administrator may disqualify such entrant and such disqualification may result in the forfeiture of any prizes won. Sponsor, in its discretion, may require additional documentation from entrant to show proof of entrant’s identity.

 

9. Sweepstakes Prize Drawing: Administrator is an independent organization whose decisions as to the selection of the potential Sweepstakes winner is final and binding. Administrator will randomly select the potential Sweepstakes winner from all eligible entries received during the Promotion Period on or around the date set forth in the table in Section 4 above. The odds of winning the Sweepstakes Prize depend on the total number of eligible Sweepstakes entries received during the Promotion Period.

 

10. Winner Requirements: Winners will be notified on or about the dates stated above in Section 4. All potential winners will be notified by text message from Sponsor to the mobile device telephone number in winner’s Rewards Account profile and will be asked to complete an online claim form by providing their first name, last name, email address and home address (P.O. Boxes not permitted). Monthly Local Contest prize winners will have 7 days of the date notice or attempted notice is sent to claim the prize. Potential National Contest winners and the potential Sweepstakes Grand Prize winner will have 3 days of the date notice or attempted notice is sent in order to claim a prize. Each potential National Contest and the Grand Prize Sweepstakes winner (or parent/legal guardian if winner is a minor in their jurisdiction of residence) will be required to sign and return a Declaration of Compliance, Liability Waiver and where not prohibited a Publicity Release ("Declaration") which must be received by Administrator within 3 days of the date notice or attempted notice is sent in order to claim the prize. If the winner of the Sweepstakes Grand Prize is a minor, the minor may not accept the car prize but rather must transfer this prize to their parent or legal guardian who will then accept the prize on their own (and not the minor’s) behalf. The person who accepts the prize will be liable for all resulting taxes and fees. If a potential winner cannot be contacted, fails to sign and return the Declaration or complete the online claim form (as applicable) or provide any other requested information within the required time period, or the prize is returned as undeliverable, the potential winner forfeits the prize. Receiving a prize is contingent upon compliance with these Official Rules. If a potential National Contest winner is disqualified for any reason or forfeits the prize, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion. If the potential Sweepstakes winner is disqualified for any reason or forfeits the prize, Sponsor will award the Sweepstakes prize to an alternate winner by random drawing from among all remaining eligible entries. Only 3 alternate winners per National Contest or Sweepstakes prize may be determined, after which the prize will remain un-awarded. Unclaimed Monthly Local Contest Prizes will not be awarded.

 

11. Prizes and Approximate Retail Value (“ARV”):

 

A.    Monthly Local Contest Prizes:

 

765 June Local Contest Prizes (1 awarded to the entrant with the most Wins on each 1 of the 5 Games at each of the 153 Stores): 1 Dave & Buster’s branded racing duffle bag. ARV: $80.

 

770 July Local Contest Prizes (1 awarded to the entrant with the most Wins on each 1 of the 5 Games at each of the 154 Stores): 1 Dave & Buster’s branded racing jacket, size large. ARV: $100.

 

775 August Local Contest Prizes (1 awarded to the entrant with the most Wins on each 1 of the 5 Games at each of the 155 Stores): 1 Dave & Buster’s branded racing helmet. Helmet meant for display only. ARV: $125.

 

B.    National Contest Prizes:

 

5 National Contest First Prizes (1 awarded to each entrant with the most Wins on each 1 of the 5 Games over the course of the Promotion Period): A 3-day, 2-night trip for winner and 1 guest to 1 of the following 2025 NASCAR Races, including VIP access. The race trip each winner is awarded will be determined by Sponsor in its sole discretion as set forth below.

 

·         For the NASCAR Pit Stop winner: Hollywood Casino 400 at Kansas Speedway in Kansas City, Kansas, to take place Sept 28, 2025. ARV: $6,848.

·         For the Top Gun: Maverick winner: YellaWood 500 at Talladega Super Speedway in Talladega, Alabama on October 19, 2025. ARV: $6,050.

·         For the Cruis’n Blast winner: Xfinity 500 at Martinsville Speedway, Martinsville Virginia on October 26, 2025. ARV: $6,550.

·         For the Hot Wheels Victory Lap and Super Bikes 3 winners: NASCAR Cup Series Championship at Phoenix Raceway in Avondale, Arizona on November 2, 2025. ARV: $5,866.

 

5 National Contest Second Prizes (1 awarded to each entrant with the second highest number of Wins on each 1 of the 5 Games over the course of the Promotion Period): A 3 day, 2 night trip for winner and 1 guest to 1 of the following 2025 NASCAR races. The race trip each winner is awarded will be determined by Sponsor in its sole discretion as set forth below.

 

·         For the NASCAR Pit Stop winner: Hollywood Casino 400 at Kansas Speedway in Kansas City, Kansas, to take place Sept 28, 2025. ARV: $3,140.

·         For the Top Gun: Maverick winner: YellaWood 500 at Talladega SuperSpeedway in Talladega, Alabama on October 19, 2025. ARV: $3,210.

·         For the Cruis’n Blast winner: Xfinity 500 at Martinsville Speedway, Martinsville Virginia on October 26, 2025. ARV: $3,202.

·         For the Hot Wheels Victory Lap and Super Bikes 3 winners: NASCAR Cup Series Championship at Phoenix Raceway in Avondale, Arizona on November 2, 2025. ARV: $3,370.

 

Additional Terms for National Contest First and Second Trip Prizes: Each trip package to include:

·         Round trip, coach-class air transportation for 2 from a major airport near winner’s home (determined by Sponsor in its sole discretion) to a major airport near race venue;

·         Accommodations for 2 at a hotel determined by Sponsor in its sole discretion (single room, double occupancy); and

·         $250 in spending money.

·         Trips to Talladega SuperSpeedway and Martinsville Speedway also include a full-size rental car for 3-day length of stay. If winner does not meet requirements for rental car, that portion of the prize will be forfeited in its entirety.

 

Winners must travel on the dates determined by Sponsor in its sole discretion or prize will be forfeited. Notwithstanding the foregoing, Sponsor will make reasonable efforts to select travel dates acceptable to winner. Winners are obligated to work with Sponsor’s travel agent to book trip immediately upon winner confirmation or prize will be forfeited. Travel and accommodations are subject to availability. Travel must be round trip.  Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in this Promotion, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to ground transportation, meals, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Winner must have proper identification and a valid credit card for hotel check-in and to cover incidental expenditures. Unless child of winner, travel companion must be 18 years of age or older as of the date of departure or a sibling/friend of winner with the appropriate parental permissions and releases and must travel on same itinerary and at the same time as the winner. If winner is a minor in their state of residence, travel companion must be winner’s parent/legal guardian. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Winner and travel companion are solely responsible for having a REAL ID enhanced driver’s license or government identification card necessary for air travel. Sponsor is not responsible for any consequences that may result from a winner or travel companion’s failure to have a REAL ID. Failure to have a REAL ID may result in forfeiture of the prize or the flight element of the prize and no substitution will be provided. Travel restrictions, conditions and limitations may apply. By traveling and attending event, winner and winner’s guests voluntarily assume all risks related to exposure to COVID-19. If in the judgment of Sponsor air travel is not required due to winner’s proximity to prize location, ground transportation will be substituted for round trip air travel at Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates.  Sponsor is not responsible if race event is delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion. Actual value of trip may vary based on airfare fluctuations and distance between departure and destination. Winners will not receive difference between actual and approximate retail value.

 

5 National Contest Third Prizes (1 awarded to each entrant with the third highest number of Wins on each 1 of the 5 Games over the course of the Promotion Period): Winner will receive the arcade Game they achieved their Third Prize Wins on (Hot Wheels Victory Lap, NASCAR Pit Stop, Top Gun: Maverick, Cruisin’ Blast or Super Bikes 3). Winner is solely responsible for determining whether the arcade Game prize will fit within their home; dimensions are set forth in the table below. In lieu of the foregoing arcade Game prize, winner may opt to accept a smaller-sized, game, Pac-Man’s Pixel Bash with beverage cooler (“Pac-Man”). If winner selects the Pac-Man game, their decision is final and binding, and the opportunity to claim the original arcade Game prize is forfeited in its entirety.

 

National Contest Third Prizes

Dimensions

ARV

Hot Wheels Victory Lap

65”w x 101”d x 105”h

$18,000

NASCAR Pit Stop

62”w x 37”d x 96” h

$9,995

Top Gun: Maverick

58”w x 120”d x 121”h

$27,999

Cruis’n Blast

44”w x 85”d x 93” h

$ 12,499

Super Bikes 3

44.5”w x 85”d x 99” h

$ 12,499

Alternate Prize – Pac-Man

 21”w x 33”d x 60”h

$ 3,099

 

C.    Sweepstakes Grand Prize: One 2025 sports car. Sponsor will determine the make and model of vehicle. Sponsor may, in its discretion, select the exact sports car to be awarded, including color of exterior, interior and all other features and details. Winner will be notified as to the approximate retail value of the sports car to be awarded upon winner notification. Winner will also receive a check for the difference between $125,000 and the value of the car, which may be used to assist with any federal state or other income tax obligation related to the Sweepstakes Grand Prize (the “Tax Gross-Up Payment”).

 

If the exact sports car to be awarded is not selected by Sponsor, winner will have up to $125,000 credit to use at the local automobile dealership determined by Sponsor to purchase the make and model of car determined by Sponsor.  In this case, winner may select all features of the car, and may use the funds to pay for title, license, registration, dealer preparation costs, sales tax and other fees associated with purchase up the amount of $125,000; any upgrades or other costs exceeding $125,000 must be paid for by winner. To the extent that winner does not use the entire credit, winner will receive a check for the difference between $125,000 and the amount of the final dealership invoice as a Tax Gross-Up Payment.

 

Note re Tax Gross Up Payment: The Sweepstakes Grand Prize winner’s actual tax liabilities related to the Sweepstakes Grand Prize could exceed the Tax Gross-Up Payment. The Grand Prize winner is solely responsible for all applicable federal, state or other tax obligations related to the Sweepstakes Grand Prize.

 

Winner must be a licensed driver and will be required to provide proof of insurance at time of delivery. As noted in Section 7 above, if winner is a minor in their jurisdiction of residence, the minor must transfer the prize to a parent or legal guardian. Winner understands that hazards exist while operating a motor vehicle. If personal injury, death, or damage occurs as a result of such hazards, winner expressly assumes all associated risk. ARV of Sweepstakes Grand Prize: $125,000.

 

The total ARV of all available prizes in the Sweepstakes is $125,000.

 

Additional Terms For All Prizes: Prizes are non-transferable, and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Winners of a prize equal to or greater than $600 will receive an IRS Form 1099 MISC reporting the actual value of the prize received. ARVs are determined as of the time these Official Rules were published and the value of a prize may fluctuate. A winner is not entitled to any difference between the ARV and the actual value of the prize at the time the prize is awarded. Where applicable, prize style, size and all other details will be determined by Sponsor in its sole discretion. All other costs and expenses associated with acceptance of the prize that are not expressly set forth herein shall be solely the winner’s responsibility. Prizes are provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. The Sweepstakes Prize winner will be contacted regarding the fulfillment of the prize within 8-10 weeks of the conclusion of the Promotion and the prize will be fulfilled by the designated dealership as soon as it becomes available. All other prizes will be fulfilled approximately 8-14 weeks after conclusion of the Promotion and confirmation of all winners. Limit: An entrant may win 1 Monthly Local Contest Prize per each Monthly Local Contest Entry Period, 1 National Prize and 1 Sweepstakes Prize.

 

12. Release: By receipt of any prize, winners agree to release and hold harmless Sponsor, participating video game manufacturers, Administrator and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Promotion and/or acceptance, use, inability to use, misuse or redemption of a prize (including any injury or harm related thereto).

 

13. Publicity: Except where prohibited, participation in the Promotion constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, prize information, likeness, photograph, Username, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. Sponsor is not obligated to use any of the above-mentioned information or publicity materials but may do so and edit such information or materials at its sole discretion, without further obligation or compensation.

 

14. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Promotion, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Promotion, including but not limited to fulfillment of the prize(s), as determined by Sponsor in its sole discretion. If terminated, Sponsor, in its sole discretion, may determine the Contest winners from among all eligible entries received up to time of such action using the Contest Winner Determination procedure outlined above and may elect to hold a random drawing from among all eligible Sweepstakes entries received up to the date of discontinuance. Sponsor may also modify the prizes offered.

 

Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion, including but not limited to submitting fraudulent entries, or to be acting in violation of the Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In no event will more prizes than are stated in these Official Rules be awarded. If, for any reason, more prize notifications are sent (or more claims are received) than the number of prizes offered as set forth in these Official Rules, Sponsor reserves the right to award the intended number of prizes through a random drawing from among all eligible prize claims received. In the event there is a discrepancy or inconsistency between, any other statements contained in any Promotion-related materials and the Official Rules as posted on davenandbusters.com, the Official Rules as posted on daveandbusters.com shall prevail, govern, and control.

 

15. Limitations of Liability: The Released Parties are not responsible for: (a) any incorrect or inaccurate information  either caused by printing errors or by any of the equipment or programming associated with or utilized in the Promotion or provided by entrants; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections to any Game, the Leaderboard, the internet, in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the Promotion, including but not limited to the entry process; (d) technical or human error which may occur in the administration of the Promotion, including but not limited to the processing of entries; (e) late, lost, undeliverable, damaged or stolen mail; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion, or to the receipt, use, inability to use, or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Promotion, if it is possible.

 

16. Disputes: Except where prohibited, entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of Texas or the appropriate Texas State Court located in Dallas County, Texas; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Texas without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.

 

17. Severability: If the application of any provision of these Official Rules to any particular facts or circumstances shall for any reason be held to be invalid, illegal or unenforceable by a court, arbitration panel or other tribunal of competent jurisdiction, then (a) the validity, legality and enforceability of such provision as applied to any other particular facts or circumstances, and the other provisions of these Official Rules, shall not in any way be affected or impaired thereby; and (b) such provision shall be enforced to the maximum extent possible.  In addition, if any provision contained in these Official Rules shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law.

 

18. Entrant's Personal Information: Information collected from entrants is subject to Sponsor’s Privacy Policy.

 

19. Winner List: For a list of winners, please see this winner list, which will be posted after winner confirmation is complete.

 

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