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:  Double Char Party Sweepstakes (the “Sweepstakes”)

Sponsor:  The Habit Restaurants, LLC

1. ELIGIBILITY. This Sweepstakes is open only to individuals who: (i) are current CharClub members who have registered for their CharClub account by July 19, 2024, (ii) are legal residents of California, Arizona, Utah, Nevada, Washington, North Carolina, South Carolina, 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 August 5, 2024 at 12:00 a.m. PST and ends at 11:59:59 p.m. PST on August 16, 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/contest/charbox/ 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 August 23, 2024, the Sponsor will randomly select a total of twenty-four (24) 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 August 30, 2024 via the email address provided on the sweepstakes form used to enter.  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-four (24) winners, will be selected to win a prize package, which includes the following:

• One (1) catering Charbox, containing:
  • Ten (10) Double Char, or Double Char with cheese, burgers;
  • Ten (10) servings of Onion Rings or Tempura Green Beans.
  • Date of Delivery: date to be mutually agreed upon between each winner and Sponsor, but must be between the dates of August 30, 2023 and, up to and including, October 31, 2024.

The approximate retail value of each prize package is $190.00.

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 “Double Char” PROMOTION (THE “PROMOTION”)
TERMS & CONDITIONS

1. Promotion Overview: The Habit Restaurants, LLC’s (“Habit” or “Sponsor”) Double Char burger (“Double Char”) has been nominated in the Best Fast Food Burger category by USA TODAY 10Best. If the Double Char wins the #1 spot in the Best Fast Food Burger category, Habit will offer every registered CharClub account holder on the Habit mobile app that is an Eligible Member (defined below) the opportunity to obtain a Double Char at participating Habit restaurants in the United States on or before the Redemption Deadline (defined below), while supplies last.
2. How to Participate: (a)NO PURCHASE NECESSARY. Participants must register or be registered for a CharClub account on the Habit mobile app. Visit https://www.habitburger.com/ to sign up for a free CharClub account and download the free Habit mobile app.

(a) If the Double Char wins the #1 spot in the Best Fast Food Burger category:

(i) Eligible Members will receive the Reward, defined below, if (1) they are registered for a CharClub account on the Habit mobile app on or before July 19, 2024, or (2) they are first time registrants for a CharClub account on the Habit mobile app on or before September 12, 2024.

(b) If the contingencies in Section 2(a), above, occur, Habit will automatically deposit the Reward in the Eligible Member’s CharClub account on the Habit mobile app between the dates of July 19, 2024 and July 30, 2024. See redemption terms and conditions below.

3. Eligibility:The Promotion is open only to individuals who are legal residents of California, Arizona, Utah, Nevada, Washington, North Carolina, South Carolina, Florida, Maryland, Massachusetts, New Jersey, Virginia, or Idaho, who are sixteen (16) years of age or older, and who have a registered CharClub account on the Habit mobile app (each, an “Eligible Member”). Void in all other territories, possessions, and commonwealths, and all other countries and where prohibited.
4. Rewards:One redemption coupon for a Double Char burger (approximate retail value: $7.79) with a minimum $5 qualifying purchase (“Reward”). $5 minimum qualifying purchase shall be calculated before taxes, fees, and tips.

(c) Redemption Terms and Conditions – Rewards may only be redeemed at participating Habit restaurants before the Redemption Deadline, while supplies last. The “Redemption Deadline” is September 16, 2024, subject to individual Habit restaurant hours. Check hours of the Habit restaurant at which the Eligible Member intends to redeem a Reward. Habit is not responsible if the Habit restaurant at which the Eligible Member intends to redeem a Reward closes before the Redemption Deadline. Habit will make the “Official Announcement” of the win for purposes of this Promotion in any manner it deems appropriate, including, without limitation, through selected media channels and its web site (https://www.habitburger.com/). LIMIT: One (1) Reward per person or account. Rewards are nontransferable and expire after the Redemption Deadline, regardless of when an Eligible Member opens a CharClub account. A Reward is redeemable only via the Habit mobile app for in-store/drive-thru pickup orders (except as otherwise may be designated by Habit in Habit’s discretion with respect to delivery orders placed directly on the Habit mobile app) at participating Habit restaurant locations, while supplies last. A Reward cannot be used for Web pay-ahead, phone orders, or delivery (except as otherwise may designated by Habit in Habit’s sole discretion with respect to delivery orders placed directly on the Habit mobile app). Prices may vary and any difference in announced approximate retail value and restaurant or app menu prices will not be provided to Eligible Members. Rewards may not combined with other rewards, discounts, or offers. No product or ingredient substitutions, upgrades, add-ons, cash redemption, or alternatives will be allowed unless permitted by Habit at its sole discretion. Participating Habit restaurant manager reserves the right to deny free food and/or beverage to any person the manager reasonably believes has engaged in fraudulent activity. Any applicable taxes related to a Reward are the responsibility of the Reward recipient. Promotion is subject to store availability and hours, and Habit reserves the right to substitute an item of equal or greater value due to unavailability. All restaurant managers’ decisions are final regarding this Promotion.

5. Administration: Sponsor expressly reserves the right to amend, suspend or terminate this Promotion at any time. Administration of this Promotion is at the sole discretion of the Sponsor. Any questions relating to eligibility, these Terms and Conditions or any other questions concerning this Promotion will be resolved at the sole discretion of the Sponsor and their decisions will be final and binding with respect thereto. Participants may be required to sign documents in connection with the Promotion as determined by the Sponsor, in its sole and absolute discretion. No groups, clubs, corporations, companies, partnerships, or organizations may participate in this Promotion or reproduce or distribute any portion of these Terms and Conditions to their members.
6. Release and Waiver of Liability: By participating in this Promotion and/or by redeeming a Reward, individuals agree (a) to release, defend, indemnify and hold harmless USA Today, its parent, subsidiary(ies), affiliated, and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with USA Today, and the owners, general and limited partners, shareholders, directors, officers, employees, and agents of the foregoing entities (hereinafter, “USA Today Entities”), Sponsor, and each of their respective affiliates, parents, subsidiaries, retailers, sales representatives, distributors and franchisees, and each of their officers, directors, employees and agents (“Promotional Parties”), from and against any and all claims, demands, losses, promises, causes of action, injuries, damages and/or liabilities, that may arise, directly or indirectly, in whole or in part, from the participation in this Promotion or from the receipt or use or misuse of the Reward, or any travel or activity related to the receipt or use of the Reward; (b) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, special, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Promotion or any Reward or any advertising, marketing, promotion or publicity materials in connection therewith, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. The Promotional Parties will not be responsible for Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of the USA Today 10 Best award process or administration of this Promotion.

By participating in the Promotion and/or by redeeming a Reward, each participant agrees that all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, consumer’s rights and obligations, or the rights and obligations of the Sponsor in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules. By participating, entrants consent to the exclusive jurisdiction and venue of the federal, state and local courts for Orange County, California for the resolution of any disputes related to this Promotion.

Sponsor is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender or by any of the equipment or programming associated with, or utilized in, this Promotion, or by any human error which may occur in the transmission or processing of the registrations in this Promotion. Sponsor assumes no responsibility for damage caused by computer virus or otherwise, to any computer resulting from participant’s access of the Promotion website or participation in the Promotion. All Internet access and usage charges are the responsibility of the participant. If for any reason this Promotion is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Sponsor, which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion. Persons found tampering with, or abusing any aspect of, this Promotion, or whom Sponsor believes to be causing malfunction, error, disruption or damage will be disqualified. Participants must have a valid email address. In case of dispute as to identity of participant, participant will be the account holder of the email address to which the Promotion email was sent. “Authorized Account Holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. Personal information provided or made available in connection with the Promotion is subject to Sponsor’s Privacy Policy available at https://www.habitburger.com/privacy-policy/.

Sponsored by The Habit Restaurants, LLC, 1 Glen Bell Way, Irvine. CA 92618. This Promotion is in no way sponsored, produced, administered or executed by any of the USA Today Entities. USA Today trademarks, service marks and copyrights are proprietary to the USA Today Entities and are used with permission of USA Today. All rights reserved.