The Denny’s #BigBurgerBash Sweepstakes

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND D.C., AGE 18 OR OLDER. VOID WHERE PROHIBITED. U.S. LAW GOVERNS THIS SWEEPSTAKES.

  1. ELIGIBILITY: The Denny’s “#BigBurgerBash” Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older as of the time of entry. Employees of Denny’s, Inc. (“Sponsor”) or any of Sponsor’s parent companies, subsidiaries, affiliates or distributors or advertising, promotion and Internet agencies, and members of the immediate family or household of any such employee, are not eligible. Void where prohibited by law. In the event of a dispute regarding any Entry Submission (defined in Section 2 below), the Entry Submission will be deemed made by the authorized account holder of the Instagram account from which the Entry Submission was posted.
  2. HOW TO ENTER: The entry period for the Sweepstakes begins at 10:00 p.m. Eastern Time (ET) on August 29, 2015 and ends at 11:59 p.m. ET on October 12, 2015 (the “Entry Period”). As described in Section 4 below, drawings to select winners will be held on various dates throughout the Entry Period. With respect to each drawing, only entries received by 11:59 p.m. ET on the day before the drawing will be included in the drawing. You must have an Instagram account to enter. To enter, during the Entry Period, follow @DennysDiner on Instagram and post a photograph on Instagram of a burger. You must include the hashtags #BigBurgerBash and #Sweepstakes (each a “Hashtag” and collectively the “Hashtags”) in the caption accompanying your photograph. Use of Instagram is subject to, and each entrant must comply with, the Instagram Terms of Use. Making a post on Instagram during the Entry Period using a Hashtag constitutes acknowledgement of and consent to these Official Rules. Instagram posts (“Entry Submissions”) will NOT be judged, but must comply with the Submission Guidelines set forth below. Entry Submissions must be posted by no later than 11:59 p.m. ET on October 12, 2015. A person can use only one Instagram account to enter. There is a limit of one Sweepstakes entry per person. The creation or use of multiple accounts and/or identities for purposes of entry in the Sweepstakes is prohibited. Your Instagram account settings must be configured to permit public viewing of your Entry Submission and to permit Sponsor to comment on the Entry Submission and send you a direct message. Entry Submissions removed, hidden or deleted from public viewing prior to time of winner verification will be disqualified. Normal time rates, if any, charged by your Internet and/or mobile service provider will apply.
  3. SUBMISSION GUIDELINES: All Entry Submissions must comply with the following guidelines: (a) the Entry Submission must be owned by the entrant; (b) the Entry Submission must be original, must have been created by the entrant and must not previously have been published or won any award; (c) if the Entry Submission depicts or identifies any person other than the entrant, the entrant must have obtained from such person before posting the Entry Submission permission for the depiction or identification of such person in the Entry Submission and for the use by the Sponsor Parties (as defined in Section 6 below) of the Entry Submission as permitted hereunder; (d) the Entry Submission must not disparage, defame or criticize Sponsor or any product or service of Sponsor; (e) the Entry Submission must not contain any material that would violate or infringe upon the rights of any third party, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or that defames or contains personal information about any person, or whose use by the Sponsor Parties requires a license or permission from any third party; and (f) the Entry Submission and any accompanying text must contain any material that Sponsor, in its sole discretion, deems unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, or that contains or depicts nudity, drunkenness or sexual activity, or that promotes bigotry, discrimination or violence, or is otherwise inappropriate for public viewing. Sponsor has the right in its sole discretion to disqualify any Entry Submission that Sponsor determines does not comply with these guidelines. By submitting an Entry Submission, each entrant certifies that the Entry Submission complies fully with the foregoing guidelines.
  4. WINNER SELECTION AND NOTIFICATION: A total of twenty-one (21) potential winners will be selected in a series of random drawings conducted by Sponsor or its agent on or about the following dates (subject to change in Sponsor’s discretion):
    Date Number of Winners to be Selected
    September 8th, 2015 1
    September 15th, 2015 2
    September 22nd, 2015 3
    September 29th, 2015 4
    October 6th, 2015 5
    October 13th, 2015 6
    The specific time of each drawing will be determined by Sponsor in its discretion. Each drawing will include all entries received as of 11:59 p.m. ET on the day prior to the drawing. The potential winners will be contacted via a direct message via Instagram Direct, and must reply to the message within 48-hours. If the required response to such message is not received within 48-hours after the message was sent, Sponsor will have the right in its sole discretion to disqualify the potential winner without further notice, in which event an alternate potential winner will be randomly selected from among the remaining Entry Submissions, time permitting. The winners are subject to verification. Each potential winner may, in Sponsor’s discretion, be required to complete and return to Sponsor an Affidavit of Eligibility/Release of Liability, and, if legally permissible, a Publicity Release, as a condition of receipt of a prize. If a potential winner fails to respond to any notification attempt within the time period specified by Sponsor, or if any attempted notification is returned as undeliverable, or if a potential winner fails to complete and return any required affidavit or release within seventy-two (72) hours of attempted delivery of the affidavit or release to the potential winner, the potential winner will be disqualified and an alternate winner selected.
  5. PRIZES: Twenty-one (21) prizes will be offered. Each prize consists of a Denny’s gift card with a face value of $50. All federal, state and local taxes on the value of the prize, if applicable, are the responsibility of the winner. The prizes will be awarded if properly claimed. No substitution, cash redemption or transfer of the right to receive any prize or prize component is permitted, except in the discretion of Sponsor, which reserves the right to substitute a prize or prize component of equal or greater value. The prize consists only of the item expressly specified in these Official Rules. All expenses or costs associated with the acceptance or use of the prize are the responsibility of the winner. Use of gift cards is subject to the issuer’s terms and conditions. Expiration dates and restrictions may apply. There is a limit of one prize per person. The aggregate approximate retail value of all prizes is $1050.
  6. GRANT OF RIGHTS: By entering the Sweepstakes, each entrant irrevocably grants permission to Sponsor and its parent companies, subsidiaries and affiliates, each of their agents and licensees and those any of the foregoing may designate from time to time (all of the foregoing, the “Sponsor Parties”) to use and authorize the use of the entrant’s name, likeness, voice and biographical information, in perpetuity, throughout the world, in all media and formats whether now or later known or developed, for commercial purposes (including, without limitation, advertising and promotion), without further compensation, unless prohibited by law. In addition, except where prohibited by law, by entering the Sweepstakes, each entrant grants to the Sponsor Parties, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Entry Submission(s) (including without limitation excerpting or amending the Entry Submission(s) and/or creating derivative works based on the Entry Submission(s) or any component thereof), in whole or in part, for advertising or promoting the Sweepstakes or for any other purpose (including, without limitation, posting the Entry Submission(s) online), worldwide, in all media and formats whether now or later known or developed, without further notice, consideration, permission or compensation, and to authorize others to do the same. Sponsor will have no obligation to exercise any of the rights granted herein.
  7. RELEASE AND LIMITATION OF LIABILITY: Each of the Sponsor Parties, Instagram, and each of their respective parent companies, subsidiaries, affiliates and successors, and the directors, officers, employees and assigns of each of the foregoing, and all people and entities involved in the development or execution of the Sweepstakes or the provision of the prize or any component thereof (all of the foregoing, the “Released Parties”) are not responsible, and will have no liability for, (a) late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information, or any other human or technical errors of any kind relating to communications or attempted communications with any entrant, the availability or functionality of the Instagram services, the submission, collection, storage or processing of entries or the administration of the Sweepstakes, (b) any Act of God, act of terrorism, civil disturbance, work stoppage, natural disaster or other event outside their control that may cause any postponement or cancellation of the screening or any other prize-related activity or any component of any prize, (c) undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user's Internet service provider and/or e-mail client or for insufficient space in user's e-mail account to receive e-mail, or (d) any damage to any computer system resulting from participation in or accessing or downloading information in connection with this promotion. By entering, each entrant releases and agrees to hold each of the Released Parties harmless from and against any and all claims and liability arising out of participation in the Sweepstakes, the acceptance, receipt or use of any prize or prize component or participation in any prize-related activity and/or any use of the winner’s name, likeness, voice and/or biographical information as permitted hereunder, including without limitation all claims and liabilities based on any personal injury, property damages or loss or death. Entrants assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Sweepstakes, the use of Instagram, or the acceptance, receipt or use or any prize or participation in any prize-related activity). The Released Parties are not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize. In no event will more than the stated number of prizes be awarded.
  8. GENERAL RULES: All entries become the property of Sponsor and will not be verified or returned. By participating in this promotion, entrants agree to be bound by the Official Rules and the decisions of Sponsor, which are final and binding in all respects. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, in its sole discretion, to disqualify or prohibit from participating in the Sweepstakes any individual who, in Sponsor’s sole discretion, Sponsor determines or believes (i) has tampered with the entry process, or has undermined the legitimate operation of Instagram or the Sweepstakes by cheating, hacking, deception or other unfair playing practices, or (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrants or any representative of Sponsor, or (iii) has attempted or intends to attempt any of the foregoing. The use of automated devices, programs or methods to submit entries is prohibited and Sponsor reserves the right, in its sole discretion, to disqualify any entry that it believes may have been submitted using such an automated device, program or method. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend this Sweepstakes should a virus, bugs, entrant fraud or misconduct, or other causes beyond the control of the Sponsor corrupt the administration, integrity, security or proper operation of the sweepstakes. In the event of termination of the Sweepstakes, a notice will be posted online and a random drawing to award the prizes will be conducted from among all eligible entries received prior to the time of termination. Entry times will be determined using Sponsor’s computer, which will be the official clock for the Sweepstakes. All federal, state and local laws and regulations apply. By entering the Sweepstakes, each entrant agrees that (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys' fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and by entering each entrant waives all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of New York. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts located in the State of New York, County of New York, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules.
  9. WINNERS’ NAMES AND RULES REQUESTS: For the names of the winners, available after October 20, 2015, or a copy of these Official Rules, send a self-addressed, stamped envelope to: The Denny’s “#BigBurgerBash” Sweepstakes, c/o Erwin Penland, 125 E. Broad St., Greenville, SC 29601.
  10. SPONSOR: Denny’s, Inc., Spartanburg, SC. This Sweepstakes is not sponsored, endorsed or administered by, or associated with, Instagram.

© 2015 Denny’s, Inc. All rights reserved.