Updated
10//07/2023
Sun Eclipse Viewer with Any Purchase Promotion
Terms and Conditions
1. Eligibility: This Sun Eclipse Viewer with Any Purchase Promotion (“Promotion”) is open only to legal residents of the 48 contiguous United States or Washington, DC, who are 18 years of age (or age of majority in their jurisdiction of residence, whichever is older) or over at the time of purchase. Void in Alaska, Hawaii, Nevada and where prohibited by law.
Employees, officers, directors, contractors, representatives, and the immediate family of each such party (parents, children, spouse, and siblings, regardless of where they reside) of Earth Burger, Inc., its parent company, subsidiaries, divisions, affiliates, agencies as well as any entities involved in the implementation of the Promotion (collectively, “Sponsor”) are not eligible. By participating in the Promotion as described in these Terms and Conditions (the "Promotion Terms"), each participant represents and warrants that he or she is at least 18 year of age or the age of majority in his or her jurisdiction of residence at the time of purchase and otherwise fully agrees to comply and be bound by these Promotion Terms and the decisions of Sponsor which are final, binding, and not subject to appeal.
2. Promotion Schedule: The Promotion is a one-day promotion that will be held on October 11, 2023 and will continue during normal business hours at participating locations while supplies last. The server of Sponsor is the official time keeping device for the Promotion.
3. How to Participate to Receive Sun Eclipse Viewer: During the Promotion, you must first make an in-restaurant purchase of any menu item (“Qualified Purchase”). With your Qualified Purchase you will receive one eclipse viewer. Free eclipse viewers are available on a first come first serve basis, while supplies last. Limit: So that we can spread the joy, eclipse viewers will be limited to one (1) per guest during the Promotion. You may not be able to receive a free eclipse viewer if the selected Earth Burger location has depleted its supply of free eclipse viewers. Free eclipse viewers are not available with online purchases made through the Earth Burger website or any third-party ordering platforms.
4. Sun Eclipse Viewer: Sponsor makes no guarantees, representations, or warranties regarding the value of any free eclipse viewer. All expenses, taxes, and fees associated with acceptance or consumption of any free viewer are the participant’s sole responsibility. No redemption substitutions are allowed. Free eclipse viewer and any associated value are non-transferrable and non-assignable. No rainchecks will be provided.
5. Publicity: Except where prohibited, participation in the Promotion constitutes participant’s consent to Sponsor's use of participant’s name, likeness, photograph, voice, opinions, biographical information, hometown, and state for promotional purposes in any media without further payment or consideration.
6. Limitations of Liability: Sponsor and its agencies are not responsible for (1) any incorrect or inaccurate information, whether caused by participants, printing errors, or by any of the equipment or programming associated with or utilized in the Promotion, in the event of a conflict between any advertising materials published in connection with this Promotion, the terms of these Promotion Terms will prevail; (2) technical failures of any kind, including, but not limited to website, restaurant point of sale, or other platform malfunctions, interruptions, or disconnections in phone lines, or network hardware, or software; (3) unauthorized human intervention in any part of the participation or redemption process for the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing redemption requests; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Promotion, or receipt or consumption any free eclipse viewer, or while traveling to or from any Promotion-related activity. Sponsor reserves the right to disqualify any individual it finds, in its sole discretion, to be tampering with the Promotion or to be acting in violation of these Promotion Terms; however, disqualification shall not constitute Sponsor’s sole available remedy. Sponsor’s failure to enforce any provision of these Promotion Terms in a given circumstance shall not constitute the waiver of such provision.
7. Releases: By participating in the Promotion, participant indemnifies, releases and agrees to hold harmless Sponsor and the directors, officers, agents, representatives, shareholders, employees, successors and assigns of Sponsor from any and all liability, claims, demands, losses, damages, causes of action, or rights of any kind arising in whole or in part, directly or indirectly, from participation in the Promotion, any Promotion-related activity, and/or acceptance, receipt, possession, use/misuse, of any free eclipse viewer, if applicable.
8. General Conditions: If, for any reason, the Promotion (or any part thereof) is not capable of running as originally planned due to any circumstance beyond Sponsor’s control (e.g., tampering, fraud, natural disaster, riot, civil commotion, governmental action, technical failure, human error, or any other factor that impairs the integrity of the Promotion) as determined in Sponsor’s sole discretion, Sponsor reserves the right to cancel, terminate, modify or suspend the Promotion, or conduct the Promotion in an alternative manner to make the free eclipse viewer available in a manner which is fair, equitable and in accordance with these Promotion Terms. Notice of such action by Sponsor will be posted on http://www.earthburger.com.
9. DISPUTE RESOLUTION/GOVERNING LAW: To the fullest extent permitted by law, by participating in the Promotion, you agree that: (a) any action at law or in equity arising out of or relating to these Promotion Terms or the Promotion shall be filed exclusively in the federal or state courts in Bexar County, Texas and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action; (b) any such action shall be resolved individually, NOT as part of a class action; (c) any claims/judgments/awards shall be limited to actual out-of-pocket costs incurred (if any), but NOT attorneys’ fees; and (d) under no circumstances will participant be permitted to obtain awards for and participant hereby waives all rights to claim punitive, incidental, or consequential damages and any other damages other than actual out-of-pocket costs, and any rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Promotion Terms or the rights and obligations of the participant and Sponsor in connection with the Promotion will be governed by the laws of the State of Texas, without regard to principles of choice of law/conflict of laws of Texas (or any other jurisdiction which would result in the application of the laws of a jurisdiction other than the State of Texas). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
SPONSORED BY: Earth Burger, Inc., P.O. BOX 15945, SAN ANTONIO, TX 78212-9145
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