Chicken Club Club Box Sweepstakes

OFFICIAL SWEEPSTAKES RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN OR CLAIM PRIZE.

A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.

THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW.  DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.

Sweepstakes Name:  Chicken Club Club Box Sweepstakes (the “Sweepstakes”)

Sponsor:  The Habit Restaurants, LLC

1. ELIGIBILITY. This Sweepstakes is open only to individuals who: (i) are current CharClub (a.k.a Chicken Club Club) members who have registered for their CharClub (a.k.a. Chicken Club Club) account by June 25, 2024, (ii) are legal residents of California, Arizona, Utah, Nevada, Washington, North Carolina, South Carolina, Florida, Maryland, Massachusetts, New Jersey, Virginia, or Idaho, and (iii) are 18 years of age or older at the time of entry.

The Sweepstakes is subject to all applicable federal, state, and local law and regulations.  Void where prohibited or restricted by law.

Employees, contractors, officers and directors of Sponsor, its affiliates, parent companies, subsidiaries, suppliers, distributors and advertising and promotional agencies (collectively, the “Sweepstakes Entities”), and members of the immediate families (spouse and biological, adoptive or step-parents, grandparents, children, grandchildren and siblings, and each of their respective spouses regardless of where they reside) or households (whether related or not) of any of the above individuals are not eligible to participate in the Sweepstakes or win the prize.

2. TIMING: Sweepstakes begins on April 26, 2024 at 12:00 a.m. PST and ends at 11:59:59 p.m. PST on July 3, 2024 (“Entry Period”).

The Sponsor’s computer is the official time-keeping device for this Sweepstakes.

3. DESCRIPTION OF SWEEPSTAKES/HOW TO ENTER.

During the Entry Period, visit https://order.habitburger.com/register and fill out all the requested fields. Sponsor’s Terms & Conditions apply: https://www.habitburger.com/terms-conditions.

Any Entry posted prior to the start of the Entry Period will not be eligible for entry or accepted. An Entry must contain all information requested and comply with all Content submission requirements set forth herein to be valid.  The Entry will not be judged.

Limit: one (1) Entry per person during the entire Entry Period. 

4. CONSUMER CREATED CONTENT REQUIREMENTS.

As used herein, “Content” includes and refers to all information, content, and material submitted by you in connection with the Sweepstakes.

By submitting your Content, you warrant and represent that such Content: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) has not been copied from other(s), (e) does not infringe upon the rights of any person or entity (including such individual’s and/or entity’s copyrights, trademarks rights, rights of privacy or publicity or any other intellectual property), (f) that you have obtained permission from a person whose name, likeness or name is used in the Content, and (g) and that publication of the Content via various media including Web posting, will not infringe on the rights of any third party rights. Any such entrant will indemnify and hold harmless, Released Parties (as defined herein) from any claims to the contrary. Any entrant whose Content includes names or likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such Content, in a form satisfactory to Sponsor, upon request, prior to award of prize and/or naming of entrant as a winner. The Content submitted shall be 100% owned and controlled by the entrant. The Content shall be free and clear of any claims by any person whose writings, quotes, or ideas are embodied in the Content, or any person rendering services in connection with the Content. The Content shall not contain any materials owned or controlled by a third party for which you have not obtained a license. The Sponsor reserves the right to remove or void any Content that it deems to be in violation of these Official Sweepstakes Rules, in its sole and absolute discretion.

By submitting Content you agree that your Content disclosure is gratuitous, unsolicited, and made without restriction, will not place the Sponsor or Sweepstakes Entities under any fiduciary or other obligation, that the Sponsor is free to use and otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Content, the Sponsor and the Sweepstakes Entities do not waive any rights to use similar or related ideas previously known to Sponsor or Sweepstakes Entities, or developed by their employees, or obtained from sources other than you.

CONTENT MAY BE POSTED ON SPONSOR’S WEBSITE, OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY SPONSOR, IN SPONSOR’S DISCRETION. In consideration for your participation in this Sweepstakes and for the opportunity to win a prize hereunder, you hereby grant the Sponsor, the Sweepstakes Entities, and another authorized on their behalf, an unlimited, perpetual, worldwide, non-exclusive, non-restrictive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, publicly perform, transmit, have distributed, prepare derivative works of, and promote such Content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose and without consideration to the entrant.

All Content submitted must conform to the additional submission requirements set forth as follows to be eligible:

• Content must comply with these Official Sweepstakes Rules and any Terms & Conditions on the Sponsor website;
• Content must be uploaded/submitted in the format specified and must comply with the posting requirements set forth above;
• The Content must be Federal Communications Commission acceptable, including no use of indecent or obscene material or language;
• Content cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
• Content cannot promote alcohol, illegal drugs, tobacco, or firearms/weapons (or the use of any of the foregoing), and cannot promote or portray any activities that may appear unsafe or dangerous, or any particular political agenda or message;
• Content cannot be offensive, endorse any form of hate or hate group;
• Content cannot defame, misrepresent or contain disparaging, libelous, or misleading remarks, comments, or material about the Sponsor, any of their respective products and/or services, or about any other people, products or companies;
• Content cannot infringe on or violate any copyright, patent, trademark, trade secret, right of publicity, or other intellectual property, proprietary, or contractual right of a third party and cannot contain any personal identification such as license plate numbers, personal names, e-mail addresses or street addresses, other than entrant’s;
• Content cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission;
• The Content cannot be abusive or harassing towards any individual or group of individuals regarding race, sex, religion, creed, national origin, age, disability, gender identity or expression, sexual orientation or any legally protected classification (which includes, but is not limited to, epithets or slurs, threats, intimidations, or hostile acts);
• Content cannot communicate any messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
• Content cannot depict, and cannot itself, be in violation of any law; and
• The Content must be socially acceptable and in good taste, as determined by Sponsor in Sponsor’s sole discretion.

ALL DECISIONS REGARDING THE APPROPRIATENESS OF THE MATERIALS CONTAINED IN THE CONTENT SHALL BE AT THE SOLE DISCRETION OF THE SPONSOR. The Sponsor reserves the right to reject any Content, in its sole discretion, based on the terms set forth herein as well as current broadcast standards and other programming and operating practices and policies established by the Sponsor for airing advertising. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Sweepstakes Content requirements set forth herein in its reasonable discretion. CONSUMER CREATED CONTENT POSTED TO THE WEBSITE WAS NOT EDITED BY SPONSOR AND IS THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DOES NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. If you think that any Content infringes your intellectual property rights, contact us by mail at The Habit Restaurants, LLC, c/o Legal Department, 1 Glen Bell Way, Irvine, CA 92618.

By accepting a prize, the winner agrees that his or her Content will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Content, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Content.  Sponsor reserves the right to alter, change or modify the winning Content, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Content and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Sweepstakes Rules. Should Sponsor fail to request the said assignment as stated that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.

5. WINNER SELECTION. By July 8, 2024, the Sponsor will randomly select a total of twenty (20) potential Sweepstakes winner(s) from among all eligible entries collectively received during the Entry Period who submitted an Entry. Odds of winning a prize depend on the number of eligible entries received.

Potential Sweepstakes winners are subject to verification, including verification of eligibility. If an entrant is unable to verify his/her information, the entrant will automatically be disqualified and their prize, if any, will be forfeited. The Sponsor reserves the right to determine an alternate winner in accordance with these Official Sweepstakes Rules in the event that that any winner is disqualified, cannot be contacted, or is deemed ineligible for any reason, or is not available to participate in any applicable Sweepstakes events.

Winner Notification: Winner will be notified by July 9, 2024 via the email address and phone number either (i) provided on the sweepstakes form used to enter or (ii) associated with the CharClub account, if automatically entered into the sweepstakes via redemption of the free Chicken Club promotional offer.  Potential winner may be required to provide identification sufficient to show that he/she is the entrant, in Sponsor’s sole discretion. Notification is deemed to have occurred immediately upon sending the email address or any other form of communication Sponsor may use to contact the potential winner. In the event the winner doesn’t respond to Sponsor’s notification or does not accept the prize within 3 days of notification, the prize will be deemed forfeited and an alternate winner will be selected. In the event that any one or more potential winner(s) fails to respond as stated above or declines the prize, such winner(s) will be deemed to forfeit the prize and Sponsor will select an alternate winner(s) from the remaining eligible entrants. If any alternate(s) similarly fails to respond or declines the prize, Sponsor will use a reasonable number of attempts, in its discretion, to award the prize(s) to another alternate(s) but if it is unable to do so, the prize(s) will be finally forfeited and Sponsor shall have no further liability in connection with this Sweepstakes.

6. PRIZE(S).

A total of twenty (20) winners, will be selected to win a prize package, which includes the following:

• The Chicken Club Club Box, containing:
  • One (1) T-shirt;
  • One (1) Hat;
  • Four (4) buttons; and
  • A $600 The Habit Burger Grill gift card.

The approximate retail value of each prize package is $750.00.

No more than the advertised number of prizes shall be awarded. The prize is subject to certain terms and conditions as specified herein. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, substitutable, or redeemable for cash except in Sponsor’s sole discretion. Prize details and availability are subject to change. Prizing may be fulfilled by a third party fulfillment Sponsor. The prize will only be awarded if properly claimed according to the Rules. All costs and expenses related to the prize acceptance, the prize, and/or prize use not specified herein as being provided are the sole responsibility of the winner(s).

7. TAMPERING AND DELIVERY DISCLAIMER. The Sponsor, in its sole discretion, reserves the right to disqualify and prohibit from participating (and void such person’s entries) any person, who the Sponsor determines (in its sole discretion) is or is attempting to: (i) tamper with any part of the Sweepstakes; (ii) undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices, (iii) or intending to annoy, abuse, threaten or harass any other entrants, the Sponsor, or the Released Parties or exhibits other unsportsmanlike behavior; and/or (iv) otherwise violate these Official Sweepstakes Rules or the Terms & Conditions of the Sponsor’s Website. The use of any automated device, automated launching or entry software or any other mechanical or electronic means that permits the entrant to automatically enter or evaluate repeatedly is prohibited. The Sponsor 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.

Released Parties are not responsible for typos or misprints in these Official Sweepstakes Rules, in any Sweepstakes-related advertisement or other materials, technical or human error which may occur in the administration of the Sweepstakes, or the processing of entries.

The Sponsor further reserves the right to: (i) cancel, terminate, suspend, declare null or void, amend, alter, or modify the Sweepstakes, void any suspicious entries, rescind any prize, and/or determine absolute resolution, and/or an alternate method of conducting the Sweepstakes and/or awarding the prize(s) at any time, for any reason, or if, in the sole discretion of the Sponsor, it is impossible or impractical to complete or conduct the Sweepstakes as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures of any sort, programming associated with or used in the Sweepstakes, by any human error which may occur in the execution of this Sweepstakes, or any other causes which effect the operation of the Sweepstakes or the rules of the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Sweepstakes and/or (ii) stop or conclude the Sweepstakes at any time without prior notice. Material changes to the Official Sweepstakes Rules will be published where practical. In the event of termination of the Sweepstakes by Sponsor, Sponsor reserves the right to award any prize(s) in a manner deemed fair and equitable by Sponsor.

8. PUBLICITY. Except where prohibited, by accepting a prize, winner(s) grant the Sponsor permission to use their names, characters, images, voices, and likenesses worldwide, in perpetuity, in any and all media now known or hereinafter invented in any and all marketing and promotional materials and waive any claims to royalty, right, or remuneration for such use. Each winner’s name may be included in a publicly available winners list.

9. USE OF PERSONAL INFORMATION. The Sponsor will retain the entrant’s personal data for a reasonable period of time to enable it to send that entrant any prize that they have won and to verify that these Official Sweepstakes Rules have been complied with, and for accounting purposes. This data may be passed to a third party to enable such third party to fulfill any necessary requirements relating to the award of a prize. Any other use of personal data will be in accordance with, and subject to, the Sponsor’s Privacy Policy.

10. RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY. By participating in the Sweepstakes, each entrant agrees to release and waive any and all claims of liability against the Sweepstakes Entities and any applicable third party fulfillment service, and each of their respective employees and agents (collectively, the “Released Parties”) from and against from any and all liability, loss or damage (including personal injury or death) incurred with respect to the conduct of or participation in the Sweepstakes, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of any prize, including any travel related thereto. By accepting the prize, winner(s) hereby agrees that: (i) to release each of the Released Parties from any and all claims in connection with the Sweepstakes and the award or use of the prizes; and (ii) where allowed by law, sign a publicity release confirming consent to use the winner’s name/likeness prior to acceptance of the prize. The Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Sweepstakes Entities’ sole control. Upon awarding the prize, the Sponsor will have no further obligation to winner.

11. TAXES. Any valuation of the prize(s) stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a winner may be reported to the IRS as required by law. Each winner is solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related to prize acceptance and use not specified herein.

12. CONDUCT AND DECISIONS. All decisions of the Sponsor will be final and binding on all matters relating to this Sweepstakes. Persons who violate any rule, gain unfair advantage in participating in the Sweepstakes, or obtain winner status using fraudulent means will be disqualified. The Sponsor will interpret these Rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Sweepstakes and the Sponsor’s decisions concerning such disputes shall be final.

13. BINDING ARBITRATION. Any controversy or claim arising out of or relating to the Sponsor Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.  THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.  DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

14. MISCELLANEOUS. Sponsor reserves the right to determine eligibility should special circumstances arise, all decisions are considered final and binding. Sponsor disclaims any responsibility to notify entrants of any aspect related to the conduct of the Sweepstakes. As a condition of participating in the Sweepstakes, entrants agree (and agree to confirm in writing) that: (a) under no circumstances will entrant be permitted to obtain costs, judgments, or awards for, and entrant hereby knowingly and expressly waives all rights to claim or seek punitive, incidental, consequential, special, or any other damages, other than for actual, third-party out-of-pocket expenses, and in such limitation, entrant further waives any rights to have damages multiplied or otherwise increased; (b) any and all disputes, claims, or causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, through binding arbitration as set forth above, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every entrant. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to, and acceptance of these Official Sweepstakes Rules. Winning a prize is contingent upon entrant’s fulfillment of all requirements set forth herein.

15. COMPLIANCE WITH LAW AND GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes’ Official Sweepstakes Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 13 (Binding Arbitration) of these Official Sweepstakes Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, in the County of Orange.

The Habit Burger Grill
Chicken Club Club Contest
Terms And Conditions

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO APPLY OR PARTICIPATE. A PURCHASE WILL NOT INCREASE CHANCES OF SELECTION AS A PRIZE RECIPIENT.

THE FOLLOWING CONTEST IS GOVERNED BY THESE TERMS AND INTENDED FOR PARTICIPATION IN THE UNITED STATES ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. BY APPLYING FOR A PRIZE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS STATED HEREIN. VOID WHERE PROHIBITED.

1. Eligibility to Apply: The Chicken Club Club Contest (the “Contest”) brought to you by The Habit Restaurants, LLC (“Sponsor”) is open only to individuals who, as of the last day of the Contest Period, meet all the following eligibility criteria:

• A legal resident of California, Arizona, Utah, Nevada, Washington, North Carolina, South Carolina, Florida, Maryland, Massachusetts, New Jersey, Virginia, or Idaho;
• Is 18 years of age or older at the time of entry;
• Have not previously received a Chicken Club Club Box prize; and
• Have a public and viewable Instagram profile.

Directors, officers, and employees of Sponsor, and its parent, subsidiaries of its parent, franchisees, licensees, and the advertising and promotion agencies involved with this Contest are not eligible to apply or receive a prize under this Contest. Void where prohibited. Sponsor reserves the right, at any time, to verify eligibility requirements, in any manner it deems appropriate. By applying for a prize, applicants agree to these Terms and Conditions, which are final and binding in all respects.

2. The Contest Period: The Contest begins on May 8, 2024 at 12:00:00 m. Pacific Standard Time (“PST”) and ends on May 15, 2024 at 11:59:00 pm. PST (the “Contest Period”). Prize recipients will be selected on May 17, 2024 (the “Selection Period”).

3. How to Apply: To apply, create an Instagram post, which may be a photograph or a video (a “Post”) that features you enjoying The Habit Burger Grill’s Chicken Club.

During the Contest Period, visit Instagram (www.instagram.com) or access the Instagram mobile application and follow the links and instructions to log in to your Instagram account (“Instagram Account”).  If you do not have an Instagram Account, you may create one at www.instagram.com.  Instagram accounts are free. Instagram’s Terms of Service apply: www.instagram.com.  Then, while logged into your Instagram Account: (1) upload your Post of you enjoying The Habit Burger Grill’s Chicken Club, (2) tag the Post with @HabitBurgerGrill, and (3) include the hashtag #ChickenClubContest in the caption.

Any Post posted prior to the start of the Contest Period will not be eligible for entry or accepted. A Post that does not include The Habit Burger Grill’s Chicken Club, the @HabitBurgerGrill and #ChickenClubContest tags will be void.  An Entry must contain all information requested and comply with all Content submission requirements set forth herein to be valid.  The Entry will not be judged.

In order for your Post to be valid, your respective Instagram profile must be public and thus viewable by the Sponsor and its agents.

This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with Instagram. You understand that you are providing your information to the Sponsor and not to Instagram.

Any form of application other than that described herein is void. Those who do not follow all of the instructions or abide by these Terms and Conditions or other instructions of Sponsor may not be eligible for selection. Should multiple users of the same social media account and/or e-mail account apply, and a dispute thereafter arises regarding the identity of the applicant, the authorized account holder of said social media account and/or e-mail account at the time of application will be considered the applicant. “authorized account holder” is defined as the natural person who is assigned a social media account and/or an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning social media accounts, email addresses, or the domain name associated with the submitted email address. Automated applications are prohibited, and any use of automated devices will cause disqualification. The information you provide will be used as provided in The Habit Burger Grill Privacy Policy, located at https://www.habitburger.com/privacy-policy/. All applicants agree to receive social media and/or e-mail communications from Sponsor, Releasees (as defined herein) and partnering entities and organizations.

BY SUBMITTING AN APPLICATION, APPLICANT ACKNOWLEDGES THAT THEIR APPLICATION, NOTIFICATION (AS DEFINED HEREIN) INCLUDING THEIR POST, MAY BE POSTED ON SPONSOR’S WEBSITE, AT SPONSOR’S DISCRETION. SUBMISSION OF AN APPLICATION GRANTS SPONSOR, ITS AGENTS, THE IRREVOCABLE, PERPETUAL, ROYALTY-FREE LICENSE AND RIGHT TO PUBLISH, USE, ADAPT, EDIT, PUBLICLY PERFORM AND/OR MODIFY SUCH APPLICATION, NOTIFICATION AND POST IN ANY WAY, IN ANY AND ALL MEDIA, WITHOUT LIMITATION, AND WITHOUT PAYMENT OR CONSIDERATION TO THE APPLICANT.

4. Application Guidelines: By submitting an application, you agree that your application is gratuitous and made without restriction, and will not place Sponsor under any obligation, and that Sponsor is free to disclose the ideas contained in the application on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your application, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than Sponsor reserves the right to, and may or may not, monitor/screen applications. By applying, you acknowledge that Sponsor has no obligation to use or post any application you submit.

By submitting an application you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (e) that publication of the application via various media including Web posting, will not infringe on any third party rights. Any such applicant will indemnify and hold harmless, Sponsor and Releasees (defined below) from any claims to the contrary.

As determined by the Sponsor, in its sole discretion, applications must meet the following guidelines:

1. Must comply with these Terms and Conditions and Instagram’s Terms of Service;
2. Cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity or any materially dangerous activity;
3. Cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
4. Cannot be obscene or offensive, or endorse any form of hate or hate group; all as determined by Sponsor in its sole discretion;
5. Cannot promote terrorist acts such as providing instructions on how to assemble bombs, grenades and other such weapons or provide instructional information about illegal activities;
6. Cannot defame, misrepresent or contain disparaging or slanderous remarks about Sponsor, its supporters, or any people, products or companies;
7. Cannot use or otherwise display trademarks or logos owned by others without permission; (except that Sponsor’s name and/or trademarks may be included in the application), or advertise or promote any brand or product of any kind, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
8. Cannot infringe copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission; Sponsor does not permit the infringement of others’ rights and any use of materials not original to the applicant (except copyrighted materials owned by Sponsor) is grounds for disqualification from the Contest. Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself;
9. No background artwork should appear in an application unless it is an original work of the applicant. Any artwork, murals, that can be seen in applications must be created solely by the applicant or the applicant must be the sole owner of all copyright interests therein;
10. Cannot contain materials embodying the likenesses, photographs, or other indicia identifying any person, living or dead;
11. Cannot communicate messages inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
12. Cannot itself be in violation of any law.

If you think that any application infringes your intellectual property rights, please contact or write to The Habit Restaurants, LLC at 1 Glen Bell Way, Irvine CA 92618.

YOU ACKNOWLEDGE THAT APPLICATIONS POSTED ON SOCIAL MEDIA (IF ANY) ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL APPLICANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.

Sponsor reserves the right to accept or reject any application in its sole discretion. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to applicants. Sponsor reserves the right to waive the submission requirements set forth herein in its reasonable discretion.

5. Prize Recipient Selection and Notification:

Sponsor or its designee(s) (to be determined by Sponsor in its sole discretion) will generally consider the following characteristics or attributes when reviewing eligible Posts:

1. Passion: Applicant demonstrates passion in creating the Post and about the featured product.
2. Creativity: Applicant demonstrates novel ideas in their Post.
3. Quality & Presentation: Applicant’s post is recorded and uploaded in a manner that reflects quality in production and in the final content in the Post.
4. Entertainment: Applicant’s post has entertainment value, including, but not limited to, featuring interesting concepts, humor, whimsy, and/or a narrative.

At the end of the Contest Period, a total of five (5) eligible applicants will be selected as recipients of prizes as outlined in Section 6, below. Selected prize recipients will be notified by Instagram Direct Messager, in-person, by mail, by email, by phone or by any other means at the sole discretion of Sponsor on or about May 17, 2024 (“Notification”). Sponsor may notify recipients earlier.

Potential prize recipients are also subject to verification, including verification of age and/or residency, as applicable. At Sponsor’s discretion, each prize recipient may be required to execute and return an affidavit of eligibility and liability release and, where lawful, a publicity release within thirty (30) days of attempted notification. If a potential prize recipient is found not to be eligible or not in compliance with these Terms and Conditions for any reason, declines the opportunity to receive a prize, or if notification is returned as undeliverable, another applicant will be selected as a potential prize recipient, in Sponsor’s sole discretion (even if the prize recipient’s name has already been announced). Sponsor is not responsible for any change of email address or other contact information of applicants.

6. Prizes (5 total): Sponsor will generally evaluate applications and award a prize of the Chicken Club Club Box, with the total approximate retail value of $750.00 per box.

7.  General Prize Conditions & Administration:
Total value of all prizes: Up to $3,750.00. Limit one (1) prize per person.

All prizes will be mailed by Sponsor to the selected recipients. Selected prize recipient agrees that they will promptly provide Sponsor with all information required to administer the prize award.

To avoid forfeiting the funds, recipients must accept the prize award by answering the Notification Sponsor sends informing recipient of the award within five (5) days of receipt of such Notification. Any prizes unclaimed after five (5) days will be forfeited. If recipients are unable to provide and/or verify their information, the recipient will automatically be disqualified and their prize, if any, will be forfeited. Throughout the period in which you are receiving a prize from the Sponsor, you are expected to exhibit personal qualities that reflect the high standards established by the Sponsor and to conduct yourself in a manner befitting a Sponsor prize recipient. If you, in the opinion of the Sponsor, are determined to have acted in a manner (i) inconsistent with the Sponsor’s standards, that (ii) reflects poorly on or may damage the name, reputation, credibility or goodwill of Sponsor, (iii) could result in victimization or harassment, (iv) could lead to criminal or civil liability, or (v) could be reasonably found to be offensive, obscene, threatening, abusive or defamatory, you may lose the prize and immediately forfeit any remaining portion of the prize. You may also lose the right to be recognized as a Sponsor prize recipient or to apply or receive additional Sponsor prizes, and/or access to programming, resources, events, mentoring and other privileges afforded to Sponsor prize recipients.

Sponsor reserves the right to award more or less than five (5) prizes and more or less than $3,750.00 in prize value based on available resources and as determined by Sponsor in its sole discretion. In the event that Sponsor does award additional prizes, those additional prize recipients will be chosen based on substantially similar selection criteria, however Sponsor may, in its sole discretion, (i) modify the award amount for each additional prize, and (ii) limit the selection of recipients to legal residents of certain states, regions, counties or cities. The decisions of Sponsor are final and binding in all matters relating to this Contest. No cash equivalent or substitution of a prize is offered, except at the sole discretion of the Sponsor. Prize recipients are responsible for all taxes and fees associated with prize receipt and/or use, regardless of whether prize is used, in whole or in part. Receipt of a prize is contingent upon fulfilling all requirements set forth herein.

8. General Contest Conditions: By applying, all applicants (or applicants’ parent/legal guardian, as applicable) agree and covenant on behalf of themselves and their family, heirs, personal representatives executors, assigns and insurers, (a) to release, acquit, hold harmless, waive and forever discharge Sponsor, and its parent company, subsidiaries, affiliates, franchisees and licensees and their respective officers, directors, members, managers, employees, contractors and agents (collectively, “Releasees”) from any and all claims, demands, damages, debts, costs, fees, obligations, loss, expenses, compensation, actions or causes of action whatsoever, of every nature, character and description, whether known, unknown, discovered, undiscovered, suspected, or unsuspected, including death, or property damage (collectively, “Claims”), including but not limited to Claims arising on account of, or in any way growing out of, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any items received in connection with acceptance of a prize, participation in this Contest or any prize-related activities, and (b) except where legally prohibited, prize recipient grants (and agrees to confirm that grant in writing) permission to Sponsor and those acting under its authority the right to the use of applicant’s name, picture, likeness, voice, Video, biographical information and statements, at any time or times, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide and on the Internet and World Wide Web, without notice, review or approval.

9. Limitation of Liability: Sponsor is not responsible for incorrect or inaccurate information in connection with this Contest, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of Sponsor is not responsible for computer system, email, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature. Sponsor reserves the right at its sole discretion, to disqualify any individual applicant (and his or her application) who tampers with the application process. If, for any reason, the Contest, in the sole opinion of Sponsor, is not capable of running as planned by reason of fraud, virus, bugs, or any other causes which, in sole opinion of The Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest.

10. Binding Arbitration: Any controversy or claim arising out of or relating to this Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, as provided in the JAMS Rules and Procedures, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE APPLICANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT APPLY IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE TERMS AND BY PARTICIPATING IN THIS CONTEST, EACH APPLICANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY); (3) UNDER NO CIRCUMSTANCES WILL ANY APPLICANT OR PRIZE RECIPIENT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND APPLICANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) APPLICANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND APPLICANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY APPLICANT.

11. Governing Law/Jurisdiction: Where permitted by law, by entering, applicants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, applicant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of State of California, USA, without giving effect to any choice of law or conflict of law rules, and any matters or proceedings that are not subject to arbitration as set forth in these Terms and Conditions and/or for entering any judgment on an arbitration award, shall take place in the State of California, in Orange County, By entering, applicants consent to the jurisdiction and venue of the federal, state and local courts located in Orange County, California, USA and waive any challenge to such venue.
12. Prize Recipient List: Sponsor will make available, upon demand, or by posting to Sponsor’s Instagram profile or https://www.habitburger.com/ccc-legal/, a list of prize recipients following the notification period.
13. Sponsor: The Habit Restaurants, LLC, 1 Glen Bell Way, Irvine, CA

Chicken Club Club Box Instagram Giveaway

OFFICIAL SWEEPSTAKES RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN OR CLAIM PRIZE.
A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.

THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW.  DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.

Sweepstakes Name:  Chicken Club Club Box Instagram Giveaway (the “Sweepstakes”)

Sponsor:  The Habit Restaurants, LLC

1. ELIGIBILITY. This Sweepstakes is open only to individuals who (i) are legal residents of California, Arizona, Utah, Nevada, Washington, North Carolina, South Carolina, Florida, Maryland, Massachusetts, New Jersey, Virginia, or Idaho, (ii) are actively following the @habitburgergrill Instagram account, (iii) have not previously received a Chicken Club Club Box prize, and (iv) are 18 years of age or older at the time of entry.

The Sweepstakes is subject to all applicable federal, state, and local law and regulations.  Void where prohibited or restricted by law.

Employees, contractors, officers and directors of Sponsor, its affiliates, parent companies, subsidiaries, suppliers, distributors and advertising and promotional agencies (collectively, the “Sweepstakes Entities”), and members of the immediate families (spouse and biological, adoptive or step-parents, grandparents, children, grandchildren and siblings, and each of their respective spouses regardless of where they reside) or households (whether related or not) of any of the above individuals are not eligible to participate in the Sweepstakes or win the prize.

2. TIMING: Sweepstakes begins on June 3, 2024 at 10:00 a.m. PST and ends at 11:59:59 p.m. PST on June 7, 2024 (“Entry Period”).

The Sponsor’s computer is the official time-keeping device for this Sweepstakes.

3. DESCRIPTION OF SWEEPSTAKES/HOW TO ENTER.

During the Entry Period, visit Instagram (www.instagram.com) or access the Instagram mobile application and follow the links and instructions to log in to entrant’s Instagram account (“Instagram Account”). If entrant does not have an Instagram Account, entrant may create one at www.instagram.com.  Instagram accounts are free. Instagram’s Terms of Service apply: www.instagram.com.  Then, while logged into entrant’s Instagram Account: (1) follow @habitburgergrill on Instagram, (2) like the Habit’s Sweepstakes post from June 3, 2024, and (3) comment on the Sweepstakes post from June 3, 2024 and tag three (3) other Instagram user accounts in the comment (“Entry”).

Any Entry posted prior to the start of the Entry Period will not be eligible for entry or accepted. Entries that do not include three (3) other tagged Instagram user accounts will be void. An Entry must contain all information requested and comply with all Content submission requirements set forth herein to be valid.  The Entry will not be judged.

Limit: one (1) Entry per person during the entire Entry Period. 

In order for your Entry to be valid, your Instagram profile must be public and thus viewable by the Sponsor and its agents.

This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with Instagram, Twitter, or LinkedIn. You understand that you are providing your information to the Sponsor and not to Instagram.

4. CONSUMER CREATED CONTENT REQUIREMENTS.

As used herein, “Content” includes and refers to all information, content, and material submitted by you in connection with the Sweepstakes.

By submitting your Content, you warrant and represent that such Content: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) has not been copied from other(s), (e) does not infringe upon the rights of any person or entity (including such individual’s and/or entity’s copyrights, trademarks rights, rights of privacy or publicity or any other intellectual property), (f) that you have obtained permission from a person whose name, likeness or name is used in the Content, and (g) and that publication of the Content via various media including Web posting, will not infringe on the rights of any third party rights. Any such entrant will indemnify and hold harmless, Released Parties (as defined herein) from any claims to the contrary. Any entrant whose Content includes names or likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such Content, in a form satisfactory to Sponsor, upon request, prior to award of prize and/or naming of entrant as a winner. The Content submitted shall be 100% owned and controlled by the entrant. The Content shall be free and clear of any claims by any person whose writings, quotes, or ideas are embodied in the Content, or any person rendering services in connection with the Content. The Content shall not contain any materials owned or controlled by a third party for which you have not obtained a license. The Sponsor reserves the right to remove or void any Content that it deems to be in violation of these Official Sweepstakes Rules, in its sole and absolute discretion.

By submitting Content you agree that your Content disclosure is gratuitous, unsolicited, and made without restriction, will not place the Sponsor or Sweepstakes Entities under any fiduciary or other obligation, that the Sponsor is free to use and otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Content, the Sponsor and the Sweepstakes Entities do not waive any rights to use similar or related ideas previously known to Sponsor or Sweepstakes Entities, or developed by their employees, or obtained from sources other than you.

CONTENT MAY BE POSTED ON SPONSOR’S WEBSITE, OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY SPONSOR, IN SPONSOR’S DISCRETION. In consideration for your participation in this Sweepstakes and for the opportunity to win a prize hereunder, you hereby grant the Sponsor, the Sweepstakes Entities, and another authorized on their behalf, an unlimited, perpetual, worldwide, non-exclusive, non-restrictive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, publicly perform, transmit, have distributed, prepare derivative works of, and promote such Content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose and without consideration to the entrant.

All Content submitted must confirm to the additional submission requirements set forth as follows to be eligible:

• Content must comply with these Official Sweepstakes Rules and any Terms & Conditions on the Sponsor website or Instagram;
• Content must be uploaded/submitted in the format specified and must comply with the posting requirements set forth above;
• The Content must be Federal Communications Commission acceptable, including no use of indecent or obscene material or language;
• Content cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
• Content cannot promote alcohol, illegal drugs, tobacco, or firearms/weapons (or the use of any of the foregoing), and cannot promote or portray any activities that may appear unsafe or dangerous, or any particular political agenda or message;
• Content cannot be offensive, endorse any form of hate or hate group;
• Content cannot defame, misrepresent or contain disparaging, libelous, or misleading remarks, comments, or material about the Sponsor, any of their respective products and/or services, or about any other people, products or companies;
• Content cannot infringe on or violate any copyright, patent, trademark, trade secret, right of publicity, or other intellectual property, proprietary, or contractual right of a third party and cannot contain any personal identification such as license plate numbers, personal names, e-mail addresses or street addresses, other than entrant’s;
• Content cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission;
• The Content cannot be abusive or harassing towards any individual or group of individuals regarding race, sex, religion, creed, national origin, age, disability, gender identity or expression, sexual orientation or any legally protected classification (which includes, but is not limited to, epithets or slurs, threats, intimidations, or hostile acts);
• Content cannot communicate any messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
• Content cannot depict, and cannot itself, be in violation of any law; and
• The Content must be socially acceptable and in good taste, as determined by Sponsor in Sponsor’s sole discretion.

ALL DECISIONS REGARDING THE APPROPRIATENESS OF THE MATERIALS CONTAINED IN THE CONTENT SHALL BE AT THE SOLE DISCRETION OF THE SPONSOR. The Sponsor reserves the right to reject any Content, in its sole discretion, based on the terms set forth herein as well as current broadcast standards and other programming and operating practices and policies established by the Sponsor for airing advertising. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Sweepstakes Content requirements set forth herein in its reasonable discretion. CONSUMER CREATED CONTENT POSTED TO THE WEBSITE WAS NOT EDITED BY SPONSOR AND IS THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DOES NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. If you think that any Content infringes your intellectual property rights, contact us by mail at The Habit Restaurants, LLC, c/o Legal Department, 1 Glen Bell Way, Irvine, CA 92618.

By accepting a prize, the winner agrees that his or her Content will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Content, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Content.  Sponsor reserves the right to alter, change or modify the winning Content, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Content and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Sweepstakes Rules. Should Sponsor fail to request the said assignment as stated that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.

5. WINNER SELECTION. On or around June 10, 2024, the Sponsor will randomly select two (2) potential Sweepstakes winner(s) from among all eligible entries collectively received during the Entry Period who submitted an Entry. Odds of winning a prize depend on the number of eligible entries received.

Potential Sweepstakes winners are subject to verification, including verification of eligibility. If an entrant is unable to verify his/her information, the entrant will automatically be disqualified and their prize, if any, will be forfeited. The Sponsor reserves the right to determine an alternate winner in accordance with these Official Sweepstakes Rules in the event that that any winner is disqualified, cannot be contacted, or is deemed ineligible for any reason, or is not available to participate in any applicable Sweepstakes events.

Winner Notification: Winners will be notified on or around June 10, 2024 via direct message to the Instagram account used to enter.  Potential winner may be required to provide identification sufficient to show that he/she is the Authorized Account Holder of the social media account, in Sponsor’s sole discretion. Notification is deemed to have occurred immediately upon sending the direct message to the Instagram account, or any other form of communication Sponsor may use to contact the potential winner. In the event the winner doesn’t respond to Sponsor’s notification or does not accept the prize within 5 days of notification, the prize will be deemed forfeited and an alternate winner will be selected. In the event that any one or more potential winner(s) fails to respond as stated above or declines the prize, such winner(s) will be deemed to forfeit the prize and Sponsor will select an alternate winner(s) from the remaining eligible entrants. If any alternate(s) similarly fails to respond or declines the prize, Sponsor will use a reasonable number of attempts, in its discretion, to award the prize(s) to another alternate(s) but if it is unable to do so, the prize(s) will be finally forfeited and Sponsor shall have no further liability in connection with this Sweepstakes.

6. PRIZE(S).

Two (2) winners will be selected to win a prize package, which includes the following:

• The Chicken Club Club Box, containing:
  • One (1) T-shirt;
  • One (1) Hat;
  • Four (4) buttons; and
  • A $600 The Habit Burger Grill gift card.

The approximate retail value of each prize package is $750.00.

No more than the advertised number of prizes shall be awarded. The prize is subject to certain terms and conditions as specified herein. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, substitutable, or redeemable for cash except in Sponsor’s sole discretion. Prize details and availability are subject to change. Prizing may be fulfilled by a third party fulfillment Sponsor. The prize will only be awarded if properly claimed according to the Rules. All costs and expenses related to the prize acceptance, the prize, and/or prize use not specified herein as being provided are the sole responsibility of the winner(s).

7. TAMPERING AND DELIVERY DISCLAIMER. The Sponsor, in its sole discretion, reserves the right to disqualify and prohibit from participating (and void such person’s entries) any person, who the Sponsor determines (in its sole discretion) is or is attempting to: (i) tamper with any part of the Sweepstakes; (ii) undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices, (iii) or intending to annoy, abuse, threaten or harass any other entrants, the Sponsor, or the Released Parties or exhibits other unsportsmanlike behavior; and/or (iv) otherwise violate these Official Sweepstakes Rules or the Terms & Conditions of the Sponsor’s Website. The use of any automated device, automated launching or entry software or any other mechanical or electronic means that permits the entrant to automatically enter or evaluate repeatedly is prohibited. The Sponsor 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.

Released Parties are not responsible for typos or misprints in these Official Sweepstakes Rules, in any Sweepstakes-related advertisement or other materials, technical or human error which may occur in the administration of the Sweepstakes, or the processing of entries.

The Sponsor further reserves the right to: (i) cancel, terminate, suspend, declare null or void, amend, alter, or modify the Sweepstakes, void any suspicious entries, rescind any prize, and/or determine absolute resolution, and/or an alternate method of conducting the Sweepstakes and/or awarding the prize(s) at any time, for any reason, or if, in the sole discretion of the Sponsor, it is impossible or impractical to complete or conduct the Sweepstakes as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures of any sort, programming associated with or used in the Sweepstakes, by any human error which may occur in the execution of this Sweepstakes, or any other causes which effect the operation of the Sweepstakes or the rules of the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Sweepstakes and/or (ii) stop or conclude the Sweepstakes at any time without prior notice. Material changes to the Official Sweepstakes Rules will be published where practical. In the event of termination of the Sweepstakes by Sponsor, Sponsor reserves the right to award any prize(s) in a manner deemed fair and equitable by Sponsor.

8. PUBLICITY. Except where prohibited, by accepting a prize, winner(s) grant the Sponsor permission to use their names, characters, images, voices, and likenesses worldwide, in perpetuity, in any and all media now known or hereinafter invented in any and all marketing and promotional materials and waive any claims to royalty, right, or remuneration for such use. Each winner’s name may be included in a publicly available winners list.

9. USE OF PERSONAL INFORMATION. The Sponsor will retain the entrant’s personal data for a reasonable period of time to enable it to send that entrant any prize that they have won and to verify that these Official Sweepstakes Rules have been complied with, and for accounting purposes. This data may be passed to a third party to enable such third party to fulfill any necessary requirements relating to the award of a prize. Any other use of personal data will be in accordance with, and subject to, the Sponsor’s Privacy Policy.

10. RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY. By participating in the Sweepstakes, each entrant agrees to release and waive any and all claims of liability against the Sweepstakes Entities and any applicable third party fulfillment service, Instagram, Twitter and LinkedIn, and each of their respective employees and agents (collectively, the “Released Parties”) from and against from any and all liability, loss or damage (including personal injury or death) incurred with respect to the conduct of or participation in the Sweepstakes, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of any prize, including any travel related thereto. By accepting the prize, winner(s) hereby agrees that: (i) to release each of the Released Parties from any and all claims in connection with the Sweepstakes and the award or use of the prizes; and (ii) where allowed by law, sign a publicity release confirming consent to use the winner’s name/likeness prior to acceptance of the prize. The Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Sweepstakes Entities’ sole control. Upon awarding the prize, the Sponsor will have no further obligation to winner.

11. TAXES. Any valuation of the prize(s) stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a winner may be reported to the IRS as required by law. Each winner is solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related to prize acceptance and use not specified herein.

12. CONDUCT AND DECISIONS. All decisions of the Sponsor will be final and binding on all matters relating to this Sweepstakes. Persons who violate any rule, gain unfair advantage in participating in the Sweepstakes, or obtain winner status using fraudulent means will be disqualified. The Sponsor will interpret these Rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Sweepstakes and the Sponsor’s decisions concerning such disputes shall be final.

13. BINDING ARBITRATION. Any controversy or claim arising out of or relating to the Sponsor Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.  THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.  DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

14. MISCELLANEOUS. Sponsor reserves the right to determine eligibility should special circumstances arise, all decisions are considered final and binding. Sponsor disclaims any responsibility to notify entrants of any aspect related to the conduct of the Sweepstakes. As a condition of participating in the Sweepstakes, entrants agree (and agree to confirm in writing) that: (a) under no circumstances will entrant be permitted to obtain costs, judgments, or awards for, and entrant hereby knowingly and expressly waives all rights to claim or seek punitive, incidental, consequential, special, or any other damages, other than for actual, third-party out-of-pocket expenses, and in such limitation, entrant further waives any rights to have damages multiplied or otherwise increased; (b) any and all disputes, claims, or causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, through binding arbitration as set forth above, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every entrant. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to, and acceptance of these Official Sweepstakes Rules. Winning a prize is contingent upon entrant’s fulfillment of all requirements set forth herein.

15. COMPLIANCE WITH LAW AND GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstake’s Official Sweepstakes Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 13 (Binding Arbitration) of these Official Sweepstakes Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, in the County of Orange.