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HOOTERS SWIMSUIT PAGEANT – 2023 MISS FAN FAVORITE VOTING CONTEST

OFFICIAL RULES

BY ENTERING THE CONTEST OR VOTING IN THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. NO PURCHASE NECESSARY TO ENTER OR SUBMIT A VOTE IN THE CONTEST.

  • CONTEST: The Hooters Swimsuit Pageant – 2023 Miss Fan Favorite Voting Contest (the “Contest”) allows fans to vote for and select the winner of the Contest from all eligible Hooters Girls who participate in the 2023 Hooters International Swimsuit Pageant (the “Contestants”). The Contest is subject to all applicable federal, state, and local laws and regulations and is void outside the United States and wherever prohibited or restricted by law.
  • CONTEST PERIOD: Voting for the Contest begins on July 21, 2023 at 10:00 a.m. EST and ends on August 2, 2023 at 11:59 p.m. EST (the “Contest Period”). Sponsor’s computer is the official clock for the Contest.
  • VOTING ELIGIBILITY: Residents of the 50 United States and the District of Columbia who have reached the age of eighteen (18) years of age when they cast their vote are eligible to vote in the Contest, unless otherwise prohibited by applicable law. Employees (except for Contestants), officers, managers, and directors of Hooters of America, LLC and its franchisees, parents, subsidiaries, and affiliated companies, as well as vendors who provided services for the 2023 Hooters Swimsuit Pageant (the “Pageant”), including distributors, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the design or execution of Pageant, and the members of the immediate families or households, whether or not related, of any of the above MAY participate and submit votes in the Contest (“Eligible Voters”).
  • VOTING PROCEDURE: To submit a vote in the Contest, Eligible Voters must log onto www.hooters.com/fanfavorite (“Contest Website”) during the Contest Period and follow the online registration and voting instructions.
  • Registration: After logging into the Contest Website, Eligible Voters must first complete the online registration by using a valid email address. If you register using an email address on a wireless service provider’s network (as opposed to a Wi-Fi network), your carrier’s data rates will apply. You should consult your wireless service provider’s pricing plan for details. You agree you are responsible for any and all charges assessed by your carrier.
  • Voting: After acknowledging having read and agreed to these Official Rules, Eligible Voters may submit a vote for a Contestant via the Contest Website. Eligible Voters who successfully register and cast a vote (“Voter”) may submit multiple online votes for the same Contestant and/or may vote for multiple Contestants. Maximum of five (5) votes in any 24-hour period, and maximum of sixty-five (65) total votes per registered Voter or per registered email address during the Contest Period. All votes cast become the property of the Sponsor and will not be returned.
  • Restrictions/Disqualification: Voters are restricted to the use of ordinary computer equipment, mobile phone equipment, Internet access and cellular networks to cast votes in the Contest. No mechanically reproduced or automated votes are permitted and will be disqualified from consideration. Registering under a fake name or using a fake or multiple email addresses may result in any vote cast under such name or email address(es) being disqualified from consideration. The use of any automated system to submit votes is prohibited and will result in disqualification and all such votes, as determined by Sponsor in its sole and absolute discretion, shall be deemed void. Sponsor is not responsible for any votes that are: lost; misdirected; incomplete; unintelligible; submitted in a manner that is not expressly allowed under these Official Rules; submitted outside of the Contest Period; not submitted or received due to any technical error or failure, unauthorized human intervention, inaccurate capture or mis-entry of any required information; or the failure to capture a vote due to effects of hackers or failure of any electronic equipment, computer or cellular transmissions and/or network connections. All such votes shall be disqualified and not considered in determining the Contest Winner.
  • Disputed Votes : Each Voter must register and cast any votes on his/her own behalf. Any vote submitted on behalf of another individual or using another person’s email address or name may be disqualified if discovered by Sponsor. In the event of a dispute as to who registered or cast a particular vote, the authorized account holder of the email address used to register will be deemed to be the one who cast the vote. The “authorized account holder” is the individual assigned an email address by an email provider or other provider responsible for assigning a valid email address. Only votes cast by Voters properly registered and who cast votes in compliance with these Official Rules will be counted and used to decide the Contest Winner.
  • VOTER DATA AND PRIVACY : A Voter’s registration and vote submissions (“Voter Data”) constitute his/her consent for Sponsor to obtain, use, and transfer his/her name, address, and other details for Contest administration purposes. By registering and submitting a vote, Voter further agrees that Sponsor and its designees are authorized to contact Voter via phone, email, mail, or any other form of media to convey pertinent information about the Contest and to distribute information regarding the Sponsor’s featured products, discounts, special events and/or promotional offers. In order to opt-out of further emails, Voters must use the “Unsubscribe” link at the bottom of any email received from us. Available opt-in opportunities are not required to vote in the Contest and checking the opt-in boxes will not improve chances of winning. By opting in, Voters agree to join the Hooters SMS Texting Club. Voters may opt out of Hooters SMS Texting Club membership at any time by replying STOP to any text message or following provided opt-out instructions. In addition, the submission of a vote constitutes permission for the Sponsor and its designees to use Voter’s names, cities and states or countries of residence and/or likenesses for purposes of advertising and trade in any and all media now or hereafter known worldwide in perpetuity without limitation or further compensation, notification, or permission, unless prohibited by law. Voter Data shall be used only in a manner consistent with the consent given by Voters at the time of registration, with these Official Rules, and with Sponsor’s Online Privacy Policy, which can be found at https://www.hooters.com/privacy-policy. It is the general policy of Sponsor not to share personally identifiable information with third parties .
  • CONTEST WINNER DETERMINATION AND PRIZE:
  • Determination of Contest Winner : The eligible Contestant who receives the most eligible votes during the Contest Period, as determined in the sole and absolute discretion of Sponsor, shall be deemed the winner of the Contest and receive the Contest Prize. If Sponsor determines that a Contestant registered for this Contest or submitted a vote in the Contest, it shall disqualify such Contestant from winning the Contest and receiving the Contest Prize. Voters are not eligible to win the Contest or receive the Contest Prize.
  • Odds : Odds of being selected as the winner of the Contest depend upon the total number of eligible votes received and the determination of Voters.
  • Contest Prize : Only one Contest Winner will be selected from the eligible votes cast. The Contest Winner shall receive a prize of Two Thousand Dollars ($2,000), payable by check from Sponsor.or as otherwise designated by Sponsor (the “Contest Prize”). The Contest Prize shall be paid in United States Dollars (USD). The Contest Winner shall be solely responsible for any taxes assessed on the Contest Prize. This receipt of the Contest Prize by the Contest Winner will not create an employment relationship between the Contest Winner and Hooters of America, LLC. In the event of a tie, Sponsor shall conduct a random drawing from among the eligible Contestants who received the highest number of votes to select the Contest Winner. A maximum of one (1) Contest Prize shall be awarded. The Contest Winner shall be announced on stage at the Pageant, as determined by the designated Hooters of America, LLC representative.
  • COMPLIANCE: By participating in the Contest, Voters agree to abide by and be bound by the Official Rules and the decisions of the Sponsor, which shall be final in all matters relating to this Contest.
  • RELEASE/LIABILITY: By participating in the Contest, Voters and Contestants (collectively, “Participants”) agree to hold Sponsor and its affiliated entities, including but not limited to its parent, subsidiaries, franchisees (collectively, the “Released Parties”) harmless from any claims, losses, actions, or damages of any kind, whether actual, incidental, or consequential, for injury (including but not limited to death), damages, losses or expenses arising out of or relating to Participant’s participation in this Contest, and to assume all liability therefor.
  • Failure to Award Contest Prize: Released Parties shall not be liable to Participants or any other person for failure to award the Contest Prize or any part thereof by reason of any acts of God, any actions, regulations, orders, or requests by any governmental entity, equipment failure, terrorist acts, war, fire, unusually severe weather, embargo, labor dispute or strike, labor or material shortage, transportation interruption of any kind, or any other cause beyond Released Parties’ sole control. If due to circumstances beyond the control of the Sponsor, any event associated with this Contest is delayed, rescheduled, postponed, or cancelled, Sponsor reserves the right, but not the obligation, to cancel or modify the Contest and shall not be obligated to award a Contest Prize if the Contest is cancelled before a Contest Winner is selected.
  • Electronic Failures/Damage: The Released Parties are not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors; malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit a Voter’s ability to cast a vote in the Contest, and any injury or damage to Voter’s or any other person’s computer or mobile phone related to or resulting from casting a vote in the Contest or downloading any information necessary to vote in the Contest. Released Parties are not responsible for any other errors of any kind, whether computer, technical, typographical, printing, human or otherwise, relating to or in connection with the Contest or voting in the Contest, including, without limitations, errors which may occur in connection with the printing or advertising of the Contest, administration or execution of the Contest, the cancellation of the Pageant, the processing of entries or in the announcement of the Contest Winner. Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the voting process or the operation of the Contest website.
  • Contest Cancellation/Modification: Sponsor reserves the right to cancel, modify or terminate the Contest if it determines, in its sole and absolute discretion, that fraud, misconduct, technical failures, or other issues destroy or threaten the integrity of the Contest or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the Contest. In the event of early termination of the Contest, Sponsor reserves the right to determine the Contest Winner based upon all eligible votes cast and recorded by sponsor as of the time/date of such termination.
  • DISPUTES: This Contest is conducted in English. Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the Participants and Sponsor in connection with this promotion, shall be governed by, and construed in accordance with, the laws of the state of Georgia, without giving effect to any choice of law or conflict of law rules (whether of Georgia, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than in Georgia.

BY PARTICIPATING IN THE CONTEST, PARTICIPANTS 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, 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) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT 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 NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANTS IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY.

  • DISPUTE RESOLUTION: Participants and Sponsor each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Georgia and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS") or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration", then either party can elect to have the arbitration administered by the American Arbitration Association ("AAA") or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Chicago, IL, Washington, DC, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to Participant’s residence); provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Georgia. Sponsor agrees to pay the administrative and arbitrator's fees in order to conduct the arbitration (but specifically excluding any travel or other costs of Participants to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
  • OFFICIAL RULES & WINNERS LIST: For a copy of these Official Rules, or name of the Contest Winner, send a self-addressed stamped envelope to be received by August 31, 2023 to 2023 Miss Hooters Fan Favorite Vote, c/o Hooters of America, LLC, 1815 The Exchange, Atlanta, GA 30339. PLEASE SPECIFY which you are requesting, a copy the Official Rules or the name of Content Winner. Vermont residents may omit return postage from rules requests only.
  • SPONSOR/ADMINISTRATOR: Hooters of America, LLC, 1815 The Exchange, Atlanta, GA 30339.
  • MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. When terms such as "may" are used in these Official Rules, Sponsor has sole and absolute discretion. Participants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on the Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.