Babin’s Seafood House 2024 Fish Challenge Official Rules
NO PURCHASE OR PAYMENT NECESSARY.
A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
BY ENTERING THE PROMOTION, YOU ACCEPT AND AGREE TO ABIDE BY THESE OFFICIAL RULES.
1. ELIGIBILITY: Babin’s Seafood 2024 Fish Challenge (the “Promotion”) is open only to legal residents of the fifty (50) United States (including District of Columbia) who are twenty one (21) years or older at the time of entry. Void where prohibited by law. Employees, officers, directors, representatives, and agents of Landry’s, Inc. or any of its respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Promotion and their immediate family members (e.g., spouse, parents and step‐parents, siblings and step‐siblings, and children and step‐children regardless of where they reside) and household members (people who share the same residence at least three (3) months out of the year) of each such employee, whether or not they are related, are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned.
2. SPONSOR: FSI Restaurant Development Limited (d/b/a Babin’s Seafood House) 1510 West Loop South, Houston, TX 77027.
3. TIMING: TThe Promotion begins on Tuesday, September 3 at 12:00am Central Time (“CT”) and ends on – Monday, January 6, 2025 at 11:59 pm CT (the “Promotion Period”). Sponsor is the official time keeper for the Promotion.
4. HOW TO ENTER: During the Promotion Period, an eligible entrant may enter the Promotion in store or by mail as follows:
A) To enter in store, try each of the five featured fish entrees on the entry punch card, once all 5 positions on the card are stamped, turn your completed card into the store manager.
B) To Enter Via Mail. Send Babin’s Seafood a card no bigger than 2” x 3.5” (i.e. the size of a standard business card) which contains at least the following details:
a. Your full name
b. Your full address (street, city, state and zip code)
c. A phone number and/or email address; and
To be valid all mailed entries must be postmarked during the Promotion Period and received at Babin’s Seafood House, attention: 18th Annual Fish Challenge, 1510 West Loop S., Houston, TX 77027 on or before January 6, 2025 at 11:59 pm. Sponsor is not responsible for delayed or late deliveries of entries, entries lost, misdirected or otherwise misplaced in the mail or entries not otherwise received regardless of reason. Duplicate entries will not be honored.
Limit of one (1) entry per person regardless of method of entry. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration, the authorized name listed on the mailed entry, will be deemed to be the registrant or player. Potential winner may be required to show valid ID. All entries become the sole and exclusive property of Sponsor and will not be acknowledged or returned. If any Entry fails to Comply with any of these Entry Requirements or any other provisions of these Official Rules, at the Sponsor’s sole discretion, Sponsor reserves the right, but is not obligated, to disqualify the entrant.
5. WINNER SELECTION: On or about January 13, 2025, Sponsor or an independent judging agency will select one (1) entry for the prize described below in Section 8 in a random drawing of all valid entries received. The random selection process run by the Sponsor is final. The entrant will be contacted using either the email address and/or telephone number provided with the entry and may be awarded the prize (subject to verification of eligibility and compliance with the terms of these rules). The winner is deemed to be a potential winner, pending verification of the entrant’s eligibility and compliance with these Official Rules, as determined by Sponsor in its sole and absolute discretion. Sponsor’s decisions as to the administration and operation of the Promotion and the selection of potential winners are final and binding in all matters related to the Promotion. The winner will be notified no later than January 31, 2025. Failure to respond to the initial verification within five (5) days of notification may, at Sponsor’s sole discretion, result in disqualification. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period.
6. THE POTENTIAL PROMOTION WINNER IS SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION.
7. VERIFICATION OF POTENTIAL WINNERS: The potential winner must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential winner will be notified either email or telephone at the address or number provided on the entry form, after the date of the random drawing. The potential winner will be required to sign and return to Sponsor, within five (5) days of the date notice is sent, an affidavit of eligibility, and liability/publicity release (except where prohibited) and IRS 1099 form in order to claim his/her prize, if applicable. If a potential winner of any prize cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that a potential winner of a prize is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.
8. PRIZE: One (1) winner will be selected to receive a five hundred dollars ($500) Babin’s Seafood House complimentary food and beverage gift cards (“Card” or “Prize”). The total approximate retail value of the Prize is $500.00. Sponsor reserves the right to sell or distribute unclaimed Prizes at Sponsor’s sole and absolute discretion.
Cards may not be returned, redeemed for cash or used as payment on or credit to any accounts. It is a promotional gift card that can only be used ONCE and only towards a food or beverage purchase at any Babin’s Seafood House location. The Card may only be used for the purchase of alcohol beverages where allowed by law. If the full value of the Card is not used during the single visit, any remaining amount will be forfeited. No credit or cash given for unused portion of the Card. The Card will not be replaced if lost or stolen. For all prizes: No warranty or guarantee will be given by Sponsor with respect to any prize. Any and all guarantees and warranties are subject to the manufacturers or service provider’s terms and conditions, and the winner agrees to look solely to such entity for any such warranty or guarantee claim. Prize is non‐transferable. No substitution, cash redemption, assignment or transfer of prize permitted, except by Sponsor, who reserves the right in its sole discretion to substitute a prize with another prize of greater or equal value. All federal, state and local taxes, if any, related to a prize are the responsibility of the individual winner.
9. ENTRY CONDITIONS AND RELEASE: By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and/or the Promotion judges which are binding and final in all matters relating to this Promotion; (b) release and hold harmless the Sponsor, Landry’s, Inc. and each of their respective parents, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion, and all of their respective past and present officers, members, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Promotion, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Sponsor from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an entrant’s participation in the Promotion and/or entrant’s acceptance, use or misuse of prize.
10. PUBLICITY: Except where prohibited, participation in the Promotion constitutes winner’s consent to Sponsor and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
11. GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, for any reason or if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. LIMITATIONS OF LIABILITY: The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Promotion; (d) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Promotion, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
13. DISPUTES: All issues and question concerning the construction, validity, interpretation, and enforceability of these Official Rules or the rights and obligations of Entrants and Sponsor in connection with the Promotion shall be governed by and construed in accordance with the law of the State of Texas without giving effect to any choice of law or conflict of laws rules or provisions. Any legal claims arising from or relating to the Promotion or these Official Rules must be brought in the federal or state courts located in Harris County, Texas. All descriptive headings of sections and paragraphs are intended solely for convenience, and no provision of this Agreement is to be construed by reference to the heading of any section or paragraph. These Official Rules cannot be modified or amended in any way except.
14. PRIVACY: Sponsor’s Privacy Policy is available at https://www.landrysinc.com/privacy-notice.
15. PROMOTION RESULTS: These Official Rules will be available in each participating Babin’s Seafood House location and online at babinsseafood.com/fishchallenge-terms-and-conditions. For winner’s name, send a request specifying the name of the Promotion and a self‐addressed stamped envelope to: Babin’s Seafood House 2024 Fish Challenge, Marketing Department, 1510 West Loop South, Houston, TX 77027, requests must be made on or before January 31, 2025.
16. ADDITIONAL LIMITATIONS: The Prize is non-transferable. No substitution or cash equivalent of Prize is permitted. Sponsor and its respective parent, affiliate and subsidiary companies, agents, and representatives are not responsible for any typographical or other errors in the offer or administration of the Promotion, including, but not limited to, errors in any printing or posting of these Official Rules, the selection and announcement of any winner, or the distribution of any Prize. Any attempt to damage the content or operation of this Promotion is unlawful and subject to possible legal action by Sponsor. Sponsor reserves the right, in their sole discretion, to cancel or suspend this Promotion should viruses, bugs or other causes beyond their control corrupt the administration, security or proper play of the Promotion. In the event any portion of this Promotion is compromised by any non-authorized human intervention, actions of entrants, or other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupt or impair the integrity, administration, security, or operation of this Promotion, Sponsor reserves the right, at its sole discretion, to suspend, modify, abbreviate or terminate the Promotion without further obligation. If Sponsor elects to abbreviate the Promotion, the winner will be determined from all eligible entries received prior to the action or compromise giving rise to the suspension or termination of this Promotion. In the event of cancellation, abbreviation or suspension, Sponsor shall promptly post a notice on the Promotion entry page to such effect. In the event any tampering or unauthorized intervention may have occurred, Sponsor reserves the right to void suspect entries at issue. Entries generated by script, macro or other automated means are void, and Sponsor expressly reserves the right to disqualify any entries that it believes in good faith are generated by an automated program or via scripts. Sponsor and its respective parent, affiliate and subsidiary companies, agents, and representatives, and any telephone network or service providers, are not responsible for incorrect or inaccurate transcription of entry information, or for any human error, technical malfunction, lost or delayed data transmission, omission, interruption, deletion, line failure or malfunction of any telephone network, computer equipment or software, the inability to access any website or online service or any other error, human or otherwise. By entering and participating in the Promotion, you are agreeing that any information collected in connection with the Promotion may be used by Sponsor in accordance with its Privacy Policy.