WING POLE™ OFFICIAL RULES, INCLUDING “WING-OFFS”
The following promotion is intended for participants in the United States only, and will be governed by United States laws. Do not proceed in this promotion if you are not eligible or not currently located in the United States. Further eligibility restrictions are contained in the official rules below.NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE ENTRANT’S CHANCE OF WINNING.
- 1. HOW TO ENTER THE PROMOTION: (a.) These rules govern the Wing PoleTM (“Promotion”) which is being conducted by MAG Enterprises, Inc., d/b/a “Cheerleaders” and Club Risque (collectively, the “clubs”). Entries will be accepted for the Promotion from Monday, January 7, 2019 beginning at 11:00 am Eastern Time (“ET”) through January 23, 2019 at 7:00 pm ET or when the maximum of ten (10) contestants (“Contestants”) have been selected, whichever occurs first. Applications submitted prior to or after the specified times will not be considered. (b.) Up to ten (10) Contestants can qualify for Wing Pole at each location.
3. ELIGIBILITY RESTRICTIONS: (a.) Wing Pole is open to persons who are 21 years of age or older. (b.) All Contestants must be a “Local Resident,” defined for purposes of this Promotion to mean a person who resides in one of the following counties: Philadelphia, Montgomery, Delaware, Chester, Bucks, Berks, Lancaster, Lehigh, Northampton (Pennsylvania); Camden, Burlington, Gloucester, Mercer, Monmouth, Salem, Atlantic, Cumberland, Cape May (New Jersey); or New Castle (Delaware). (c.) This is a contest for local amateurs. Members or former members of any professional eating organizations are not eligible (e.g., IFOCE/MLE and AICE). (d.) Employees of the Clubs or any affiliated entities, the Club’s advertising and promotional agencies, its participating sponsors, other Clubs in the Philadelphia metropolitan area, the members of their immediate families (spouse, parent, sibling or child) and those living in the same household of each (whether related or not), are ineligible to enter or win. This Promotion is subject to all applicable federal, state and local laws and regulations and is void where prohibited. (e.) All Contestants must be physically able to participate in the Promotion and must certify prior to participation that there is no physical, psychological, medical or other reason (e.g. heart condition, diabetes, food allergies, etc.) as to why the rapid consumption of a large quantity of food would adversely affect their health. All Contestants must sign a participant release prior to participating in any portion of the Promotion. Failure to do so will result in immediate disqualification. (f.) The winners must provide valid government-issued photo identification and provide their complete address, date of birth and phone number to claim a prize. (g.) The Club reserves the right, in its sole discretion to disqualify a Contestant if he or she tries to publicize another business, club or radio station through their clothing, float or entourage, or by what they say at any point during the Promotion or any events leading up to qualification for the Wing Pole. In addition, the Club reserves the right, in its sole discretion to disqualify a Contestant for disruptive behavior.
4. PRIZES: (a.) Three (3) Prizes will be awarded by each club as follows: First Place: $2,000; Second Place: $500; Third Place: $300. The prizes will be awarded in the form of a company check. Processing of the check will begin when the Champion has completed all paperwork and required releases/affidavits and all required documents are received by the Club. Prize checks will be handed to the winner once W9 forms are filled out by the winners. The Club is not responsible for the safe arrival of a prize or prize certificate. All Contestants in WING POLE are eligible to win the prizes. (b.) No more than the stated number of prizes specified in these official rules will be awarded. All prizes or prize certificates must be claimed at the office of the Club at the address below during regular business hours. Unless otherwise stated above, the winners will forfeit any prize(s) or prize certificate(s) not claimed within sixty (60) days of winning. In the event that a prize or prize certificate is mailed or shipped to the winners, it will be with the prior written consent of the winners and therefore, the winners assume the risk of its loss. The Club is not responsible for the safe arrival of a prize or prize certificate. (c.) Prizes are not transferable, and no substitution, assignment or cash equivalent of prizes is permitted, except by the Club (solely at its discretion), which reserves the right to substitute a prize or prize portion with another prize or prize portion of greater or equal value. The prizes are expressly limited to the item(s) listed above and unless otherwise expressly specified, do not include taxes, gratuities or any other expenses. Other restrictions may apply.
5. SELECTION OF WINNERS: (a.) Decisions of Club management with respect to the Promotion are final. Contestants will not be chosen in any other way other than as set forth above. (b.) Prize(s) will be awarded only upon confirmation of eligibility and completion of all requisite releases. If a potential winner(s) cannot be contacted, fails to sign and return the required fully-executed affidavit of eligibility and/or liability/publicity release within the required time period, or if a prize or prize notification is returned as undeliverable, the potential winner forfeits the prize(s).
6. CONDITIONS: (a.) Payments of all federal, state and local taxes are solely the responsibility of the winner(s). The winner(s) may be required to complete and submit an IRS Form W-9 with the winner’s full Social Security Number or the equivalent for receipt of any prize(s) valued at $600 or more or for any prizes awarded by the Club in a calendar year with an aggregate value of $600 or more. Failure to submit a complete W-9 or equivalent upon request will result in forfeiture of the prize(s). Such winnings of $600 or more will be reported to the IRS. (b.) Participation in the Promotion and/or acceptance of prize(s) constitutes entrant’s and/or winner’s (and guest’s, if applicable) permission for the Club or its designees to interview the winner(s) (or guest(s), if applicable), to photograph, film and record each winner (or guest, if applicable), and to use in commerce, advertising and in any media, now or hereafter known, throughout the world, in perpetuity, his/her name, prize(s) won, hometown (city and state), biographic information, likeness, photograph, voice, audio or video recording and/or any statements made by him/her regarding the Club, the Promotion and/or its sponsor(s) for purposes of trade, publicity or promotion without notice or additional compensation, notification or permission, except where prohibited by law. Each winner (and guest, if applicable) agrees to sign a publicity release confirming such consent prior to acceptance of the prize, except where prohibited by law. (c.) Participation in the Promotion and/or acceptance of prize(s) constitutes entrant’s and/or winner’s (and guest’s, if applicable) agreement to release, discharge, and hold harmless the Clubs and their respective officers, shareholders, directors, employees, agents and representatives and all of their successors and assigns (collectively, the “Released Parties”) from and against any and all claims or liability arising directly or indirectly from any prize(s) awarded and participation in the Promotion, including, but not limited to, personal injury, death or damage to or loss of property, which may occur in connection with, preparation for, travel to, or participation in the Promotion, or delivery, possession, acceptance and/or use or misuse of any prize or participation in any Promotion-related activity, including, but not limited to, any claims based on publicity rights, defamation, invasion of privacy and merchandise delivery. (d.) If for any reason this Promotion cannot be executed as planned, including but not limited to, as a result of infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Released Parties that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Promotion, or if the Promotion is compromised or becomes technically corrupted in any way, electronically or otherwise, the Club reserves the right to cancel, terminate, suspend and/or modify the Promotion. If the Promotion is terminated before the original end date, the Club reserves the right, in its sole discretion, to modify the procedure for selecting winner(s), unless the nature of the event giving rise to such termination renders it impossible to select winner(s). (e.) The Released Parties are not responsible for (i) typographical or other errors in the printing, the offering or the administration of the Promotion or in the announcement of a prize(s); (ii) incorrect or inaccurate entry information, human error, failure or omission; (iii) unauthorized human intervention; (iv) lost, stolen, mangled, misdirected, postage due, illegible, incomplete, unsuccessful, or late entries or notifications; (v) entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties, telephone or text message service outages, delays, busy signals, poor signals or signal interference, accidental disconnection or equipment malfunctions or any other technological problems or failures of any kind; or (vi) any cancellations, delays, diversions, substitutions or omissions whatsoever by any transportation providers or any other persons or entities providing any services to winner(s) (and guest(s), if applicable) including any results thereof such as changes in services or location necessitated by same. Further, the Released Parties are not responsible if any part of a Promotion prize cannot be awarded due to acts of God, acts of war, natural disasters, weather, acts of terrorism or other factors beyond the Released Parties’ control. (f.) Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins or any other methods may void that Entrant's entries and that Entrant may be disqualified. The use of any device to automate entry is prohibited. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, promotion entry services or proxies) will void all entries by that Entrant at the Club's discretion. The Club’s or its Promotion administrator’s computer or telephone system is the official time keeping device for this Promotion. In the event of a dispute, online entries will be deemed to have been submitted by the Authorized Account Holder. The "Authorized Account Holder" is the natural person who (i) is assigned to an email address by an internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address or (ii) is assigned to the text or mobile telephone number by a telecommunications provider, or other organization that is responsible for assigning such numbers. The Club, in its sole discretion, reserves the right to disqualify any person who it believes is tampering with the entry process or the operation of the Promotion. Failure to comply with the rules of the Promotion may result in an entrant’s disqualification and/or forfeiture of any prize or prizes. If the Club makes a good faith determination that an entrant has cheated or committed fraudulent activity in connection with a Promotion, the Club may disqualify that entrant from entering and/or winning this and any or all future Club-administered Promotions and seek damages to the fullest extent permitted by law. (g.) The Club reserves the right to modify these rules for clarification or equitable purposes without materially affecting the terms and conditions of the Promotion, including, without limitation, the substitution of a prize(s) of equivalent value, which will become effective upon announcement. If due to circumstances beyond the control of the Promotion Entities, any competition or prize-related event or travel is delayed, rescheduled, postponed or cancelled, the Club reserves the right, but not the obligation, to cancel, terminate, suspend or modify the Promotion and shall not be required to award a substitute prize(s). If any provision of these Official Rules is irrevocably inconsistent with any provision set forth on the Contest webpage, then the provision of these Official Rules will prevail but solely to the extent of the inconsistency. (h.) Except where prohibited, by entering the Promotion, each entrant agrees that: Any controversy, dispute or claim arising out of or relating to the Promotion, this Agreement or the breach or alleged breach hereof, including whether the controversy, dispute or claim is arbitrable (each, a “Dispute”) (including any claims for contract or tort damages, or any claim based upon any statute, regulation, or law, including those dealing with discrimination, sexual harassment, civil rights, age or disabilities) shall be resolved by submitting such Dispute to binding arbitration administered by the American Arbitration Association (“AAA”) and held in Philadelphia County Pennsylvania, and judgment on the arbitration award shall be final and unappealable and may be entered in any court having jurisdiction thereof. The arbitration will be conducted in accordance with then applicable AAA rules and procedures before a single arbitrator selected and appointed in accordance with such rules. Each party will bear and pay equally the fees and expenses of AAA (including the fees and expenses of the arbitrator), and each party will bear its own attorneys’ fees, costs and other expenses. BY AGREEING TO BINDING ARBITRATION PURSUANT TO THIS SECTION, THE PARTIES IRREVOCABLY AND VOLUNTARILY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY DISPUTE, AND THE PARTIES AGREE AND UNDERSTAND THAT THE EFFECT OF THIS SECTION IS THAT THEY ARE GIVING UP THE RIGHT TO TRIAL BY JURY. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event shall such costs include attorneys' fees; and no punitive, incidental, special, consequential or other damages, including, without limitation, lost profits may be awarded (collectively, "Special Damages"). Entrant hereby waives all rights to claim Special Damages and all rights to have any damages awarded multiplied or increased.
BY SUBMITTING THIS REGISTRATION FORM I HEREBY ACKNOWLEDGE RECEIPT OF THESE RULES AND AGREE TO THE TERMS AND CONDITIONS STATED HERIN.