“Health Kwest” Contest

Official Contest Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

Definitions:  “Contest” means the “Health Kwest” Contest.  “Entrant” means the individual submitting the photo and participating in the Contest.  “Sponsor” means Genghis Grill-The Mongolian Stir Fry, its successors, assigns, agents, representatives, and affiliated entities, and their respective officers, directors, employees, contractors, and agents.  Participation constitutes Entrant's full and unconditional agreement to and acceptance of these Official Rules. The Contest will begin at 12:00 a.m. Eastern Standard Time (EST) on December 27, 2010, and end at 11:59 p.m. PST on May 31, 2011. The Contest Sponsor is Genghis Grill-The Mongolian Stir Fry, 4901 LBJ Freeway, Suite #150 Dallas, TX 75244, who is solely responsible for all aspects of this Contest.

Eligibility: The Contest is open and offered only to legal residents of Arizona, Arkansas, Colorado, Florida, Georgia, Iowa, Illinois, Kansas, Minnesota, Missouri, North Carolina, New Mexico, Nevada, Oklahoma, Tennessee, and Texas, (“U.S.”) only and shall only be construed and evaluated according to U.S. law. Do not enter the Contest if you are not (i) a legal U.S. resident located in the U.S., and (ii) 18 years of age or older as of December 27, 2010. Employees and their immediate families (parent, child, sibling or spouse) and/or household members of each of Genghis Grill-The Mongolian Stir Fry (“Sponsor”), its respective parents, subsidiaries, affiliates, distributors, sales representatives, advertising and promotional agencies and any other persons or entities associated with this promotion are ineligible to enter or win. By participating, you agree to abide by and be bound by these Official Rules. Void where prohibited by law. All federal, state and local laws and regulations apply.

Qualifications: Each photo entry must be an original work and sole property of the Entrant.  Photos must not have been altered, must not have been previously published for any commercial purpose, must not have won previous awards or prizes, and must not infringe upon the copyrights, trademarks, rights of privacy, rights of publicity or other intellectual property or other rights of any person or entity. If the photo contains any material or elements that are not owned by the Entrant and/or are subject to the rights of third parties, Entrant represents and warrants that Entrant has obtained any and all releases and consents of third parties necessary to permit the use and exhibition of the photo by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness releases for any person who appears in or is identifiable in the photo.
The submitted picture must be of the Entrant.

How to Participate:

Online: Entrants can enter the Contest by submitting a photo and completing the Contest entry form at www.ggHealthKwest.com or you can fill out the Contest entry form at a Genghis Grill location near you. The photo must be of digital quality, non-returnable and current (must be taken less than 30 calendar days from submission). The photo must show the entire body of the Entrant (for males-without shirts; for females-with proper attire).

 Photos must conform to the formats specified and accepted by the Sponsor site as a jpg or .gif format. To complete the Contest entry form, the Entrant needs to provide first name, last name, mailing address, (including city, state & zip code), daytime phone number, and a valid email address. The Entrant is responsible for all costs associated with the uploading the action photo. The Entrant is responsible for validating each photo entry via email.

All entries must be received by 11:59 p.m. PST on January 27, 2011. Incomplete entries, or those containing incorrect information, will be voided. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor reserves the right to disqualify any Entrant for any purpose. By participating in this Contest, Entrant agrees to be bound by these Official Rules and the decisions of the Sponsor which are final and binding in all matters relating to the Contest. Limit one (1) entry per person, per valid e-mail address and per household.

 Additional entries received from any person, e-mail address or household thereafter will be void. If the original digital photograph was saved at a lower resolution and attached to the Official Online entry Form, save the original high resolution for potential future use by Sponsor and its designees. All required information must be completed to enter and to be eligible to win. Incomplete entries will be disqualified. Sponsor reserves the right, in its sole discretion, to void any and all entries of an entrant that submits more than the stated maximum limit of entries by using multiple/different addresses, identities, or any other methods, or who Sponsor believes has attempted to tamper with, influence or impair the administration, security, fairness, or proper play of this Contest. Proof of entering information is not considered proof of delivery to or receipt by Sponsor of an entry. Released Parties are not responsible for: lost, late, incomplete, illegible, incorrect, damaged, delayed, garbled, undelivered, misdirected photographs. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. Your submission of an entry constitutes your representation of eligibility, consent to participate in Contest and consent for Sponsor to obtain, use, and transfer your name, address and other information for the purpose of Contest administration.

Winner Determination:  The winner will be determined in three (3) phases:

1) Finalist Selection: Based on the eligible Photo/Registration entries received between December 27, 2010 ends11:59 p.m. PST on January 27, 2011, up to Sixty (60) finalists will be selected (one per Genghis Grill location from all of the submitted entries) will be selected by the judge (or panel of judges) based on the following criteria: Appropriateness to Theme (50%), Blog Originality (25%), and General audience appeal (25%).  Each finalist will be given a user name and pass code to update their blog and photo on a weekly basis starting February 3, 2011 and ending on May 24, 2011.

2)  Public Voting Period: February 3, 2011 ends 11:59 p.m. PST on May 31, 2011. Contest Website visitors may cast votes for the Photo and associated Blog entry they determine has the most appeal.  During the Voting Period, each visitor to the Contest Website may vote for any Submission only once per day; however, it is permissible for a visitor to vote for as many Submissions as he or she like. Results of the voting, as tabulated and verified by Sponsor (or its designee) are final in all respects. Sponsor (or its designee) will make efforts to monitor the voting. However, Sponsor is not responsible for ensuring the accuracy of the voting, and entrants agree that Sponsor is not liable for any malfunctions, inaccuracies, or errors related to the voting process and the results of the Contest.

3) Winner Selection: Final judging will take place on or about June 5, 2011. 

Each entry will be judged on a based on the following criteria:  Weight loss - highest percentage of weight lost (50%), Most blog posted (# of blogs posted in relation to the Health Kwest Contest i.e. posting regularly scheduled updates, posting pictures eating at Genghis Grill, what they ate at Genghis Grill, exercising to lose weight, etc…) (25%), Public Appeal (Votes cast during the aforementioned Public Voting period) (25%).  Each Drawing entry will be reviewed by a qualified judge or panel of judges (as selected by the Sponsor in their sole discretion).  All Sponsor decisions are final.

Photo entries may not contain any image or depiction of the following: (i) materials which include or constitute trademarks, trade names or copyrighted works created or owned by any person or entity other than Entrant or for which the Entrant has not obtained owner’s permission to use; (ii) materials bearing profanities, or bearing the name or likeness of any celebrity, living or dead; (iii) materials which contain visible identifiable or potentially identifiable information including but not limited to phone numbers, website links, street addresses, email addresses or license plate numbers; (iv) inappropriate behavior for a general audience; (v) nudity or any depiction of real or simulated sexual acts; (vi) violence in any form; (vi) materials which violate anyone’s reasonable privacy expectations, violate any known agreement, or which are defamatory in nature; (viii) materials which are derogatory to Sponsor, or any affiliated entity or person; (ix) materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; (x) materials in which any person identifiably appears where no appropriate written release has been obtained from such person granting all rights required herein; and, (xi) materials which do not comply with all other requirements in these Official Rules.  Entries which do not conform to these guidelines will be disqualified. Sponsor reserves the right to reject or disqualify any entry which Sponsor, in its sole and absolute discretion, determines to be inconsistent with the letter or spirit of the Official Rules or potentially damaging to its, the Contest’s, or another’s image or reputation.

Waiver; Indemnification; Limitation of Liability: Entrant hereby waives, releases, and agrees to indemnify Sponsor, from any and all claims that Entrant may now or hereafter have in any jurisdiction arising from or in any way associated with Entrant’s participation in the Contest, including but not limited to, claims, injuries, or damages relating to violations of rights of publicity, personality rights, loss of privacy, moral rights, negligent infliction of emotional distress, or unfair competition with respect to Sponsor’s exploitation of the photo without further compensation to Entrant of any kind. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by Entrants, or by any equipment or programming associated with the Contest, or by any technical or human error which may occur in the operation of the Contest, including but not limited to, misprints or typographical errors.  If the Contest is not capable of running as planned for any reason, including but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor, the Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process (if applicable), and to cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice.  Sponsor shall have sole discretion to award the prize using all non-suspect eligible entries received as of the termination/suspension date. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor also is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure or delay of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof.

Sponsor is not responsible for any damage to an Entrant’s system which is occasioned by participating in this Contest or by downloading or viewing any information necessary to participate in the Contest. Sponsor also is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of the entries in the Contest.

All claims or disputes relating to the Contest shall be governed by the laws of the State of New York without respect to conflict of law principles.  If any provisions of the Official Rules are determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute regarding the identity of an individual who actually submitted an online entry, the entry will be deemed submitted by the authorized account holder of the email account. "Authorized account holder" is defined as the natural person who is assigned to an email account by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

Prizes: One (1) Grand Prize Winner, upon confirmation of eligibility, will receive $10,000 CASH. The prize is not exchangeable or transferable. There are no substitutions unless specified by the Sponsor. The Sponsor reserves the right at its sole discretion to substitute any prize package with another prize of equal or greater value.

Contest Prize Conditions: The winner is solely responsible for all applicable federal, state, and local taxes associated with the receipt of any prize. The Grand Prize winner will be required to sign an Affidavit of Eligibility and Liability/Publicity Release, and return it within 14 days of written notification. If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if potential winner cannot be reached within three (3) calendar days from the first notification attempt, or if potential winner fails to return requisite document within the specified time period, or if a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate winner may be selected for the prize at issue. The winner’s entry into the Contest constitutes permission (except where prohibited) for the Sponsor to use said winner’s name, photograph, likeness, statements, and biographical information, in all forms of media, in perpetuity, without notice or further compensation.

Miscellaneous: By entering, each participant warrants and represents that his/her entry submitted does not violate any federal, state or local laws or ordinances. Participant further warrant and represent that (1) that Sponsor shall own the entries (and all material embodied therein) and will not be acknowledged or returned; and (2) that by entering, the Participant irrevocably assigns to Sponsor and its designees any and all rights, title and interest in the entry including but not limited to all intellectual property rights; and (3) that Sponsor and its designees shall have, without limitation, the perpetual right worldwide to edit, adapt, modify, publish, exploit and use the Entries in any way and in any and all media for trade, advertising, promotional, public relations and/or other purposes as Sponsor and/or its designees may determine without further permission from, or notification or consideration to the Participant. The Participant further agrees (1) to abide by these Official Rules and the decisions of the Sponsor and judges which shall be final and binding; (2) that Sponsor and its designees shall have the right and permission to use (unless prohibited by law) Participant name, voice, appearance, image, city and state of residence, photograph and/or likeness for advertising and/or promotional and/or public relations and/or trade and/or any other purpose in any and all media now or hereafter known throughout the world in perpetuity without further compensation, permission or notification to the Participant; and (3) that the Released Parties shall have no liability and will be held harmless by the Participant for any liability, loss, injury or damage to Entrants or any other person or entity, including personal injury or death to Entrants or any other person or damage to personal or real property, due in whole or in part, directly or indirectly. Sponsor reserves the right, in its sole discretion, to modify, terminate or suspend Contest should any non-authorized intervention or causes (including but not limited to threats of terrorist activity, inability to secure any prize component, labor strikes, and/or acts of God) corrupt or impair the administration, security, fairness, judging, or proper play of Contest and, if Contest is terminated, award prize from among all non-suspect, eligible Entries received prior to suspect event requiring such termination using the judging procedure specified above.

USE OF DATA: Genghis Grill respects your privacy. All information is kept by Genghis Grill and used for Limited Loyalty purposes or Franchise Sales purposes only. Information is not sold, traded or given to any other entities. We will provide you with notice if our privacy policy changes. An opportunity to reject such changes will be provided. We use safe, secure technology and other privacy protection program to keep your personal information.  Please direct any other comments, suggestion, and questions to info@genghisgrill.com.

Winner’s Name: To request a copy of list of the winner, please send a self-addressed, stamped business size envelope, by July 30, 2011, to: ASC/ “Health Kwest” Contest, Winner List, 300 State Street, Suite 402, Rochester, NY 14614.

OFFICIAL RULES BY MAIL:  To request a copy of the name of winner, please send a self-addressed, stamped business size envelope, by May 31, 2011, to: ASC/ ““Health Kwest” Contest, Official Rules request, 300 State Street, Suite 402, Rochester, NY 14614.

SPONSOR: Genghis Grill-The Mongolian Fry 4901 LBJ Freeway, Suite #150 Dallas, TX 75244