MAMA FOO FOO , RELEASE, WAIVER, AND CONSENT AGREEMENT (THE “AGREEMENT”)

No purchase or payment is necessary to enter, participate, or to win.  No purchase or payment will increase your chance of winning.  All entries must be made in a timely manner before 11:00pm local time, on the day of the event.  The event will begin at 9:00pm local time, and end at 2:00am local time the day after it is commenced, as such time is kept by Mama Foo Foo.  Participation and prizes are void where prohibited by law. All terms and conditions are subject to all federal, state, and local laws.

  1. Eligibility: Entrance into the venue, (regardless of whether specifically entered into this contest), but including entry into the Mama Foo Foo Costume Contest (the “Contest”) is open to legal residents of the 50 U.S. and District of Columbia who are at least 21 years old, and in attendance at the venue, hereby agree to this Agreement.  Employees, contractors, agents, officers, and directors of Mama Foo Foo (the “Sponsor“), and any of their respective spouses, siblings, children, parents, or affiliates, inclusive of those others living in the same household (whether or not related or listed above), are not eligible to enter or win. Participation constitutes entrant’s full and unconditional agreement to this Agreement, and to Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth in this Agreement. The person agreeing to this Agreement (the “Entrant”), and shall be the only person entitled to participate in the Contest.
  2. How to Enter the Contest: You may enter the Contest by being present at the venue before 11:00pm local time, and agreeing to this Agreement, by providing the details requested of you.  The Contest is intended to take place around midnight on the day of registration.  You must be present to win the Contest.  Limit one (1) entry per person. Untimely entries may be void or disqualified, at the Sponsor’s sole and absolute discretion.  Sponsor may also allow entrants after the deadline, in Sponsor’s sole and absolute discretion.  Sponsor is not required to extend any deadline, or to allow any minimum number of entrants to participate in the Contest, before or after the deadline.  Entrant will need to prove their identity by valid identification.  In the event of a dispute as to the identity of an entrant, the entrant may be denied the prize.
  1. Determination of Winners: At the Contest, a winner shall be selected by Sponsor, based on such criteria and determination that Sponsor may deem appropriate, in Sponsor’s sole and absolute discretion.  Such determination may be based on any one factor, or multiple factors, which may or may not be subjective, objective, or passed on the audience. Prizes will be available at Sponsor’s sole and absolute discretion.  Valid identification and acknowledgement of receipt of the prize shall be required by the entrant.  All decisions by the Sponsor shall be final, and not subject to dispute or appeal.
  1. Multiple Entries: Entrant shall be entitled to enter into one (1) contest every three (3) months, and shall not be entitled to win multiple Contests within such timeframe.  If a potential winner fails to collect their prize, such prize may be forfeited, or assigned to the next runner up.
  1. Prizes and Approximate Retail Value (“ARV”)Frist prize shall be $500 (cash or equivalent.  Second prize shall be a $250 gift card to Mama Foo Foo.  Third prize shall be a $100 gift card to Mama Foo Foo.  Prizes cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole and absolute discretion, if any advertised prize (or portion of a prize) becomes unavailable. Prize winners are responsible for any loss of prize or portion of prize after it has been delivered. Sponsor will not replace any lost or stolen prizes. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prizes not specifically stated herein are the sole responsibility of the prize winners. Entrant shall be responsible for all reporting and taxes applicable to any prize
  1. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, for any reason whatsoever, including without limitation, any fraud, technical failures, weather issues, or any other factor which can impair or alter the integrity or fairness of the Contest, as determined by Sponsor in its sole and absolute discretion, and in the event of such cancellation all prizes shall be forfeited.  Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be found to be acting unfairly, acting unruly, being discourteous, attempting to modify the outcome of the Contest, or other reason which Sponsor feels is pertinent to preserving the integrity of the Contest, in Sponsor’s sole and absolute discretion.
  1. General Release and Limitations of Liability: By participating in this Contest, entrants agree that Sponsor, and each of their respective parents, affiliates, subsidiaries, franchisees, representatives, consultants, contractors, owners, operators, managers, members, investors, employees, legal counsel, marketing agencies, and agents (the “Released Parties”) are not responsible for: (1) 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 Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest; or (5) 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 Contest or receipt or use or misuse of any prize. BY PARTICIPATING IN THIS CONTEST, PARTICIPANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF ANY PRIZE, ENTRY, OR PARTICIPATION IN THIS CONTEST OR IN ANY PROMOTION RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.  PARTICIPANT ALSO AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF VENUE OR PARTICIPATION IN THE CONTEST.  WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. THE RELEASE PROVIDED HEREBY IS INTENDED TO BE AS BROAD AND GENERAL AS POSSIBLE.
  1. Publicity and Intellectual Property ReleaseWITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PARTICIPATION IN THE CONTEST ALSO CONSTITUTES ENTRANT’S EXPRESS GRANT TO SPONSOR, AND THE RELEASED PARTIES, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, ANYWHERE IN THE UNIVERSE, IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, SOCIAL MEDIA PLATFORMS, VIDEO PLATFORMS, IMAGE PLATFORMS, OR OTHERWISE, AT ANY TIME OR TIMES, THE ENTRANT’S NAME, LIKENESS, AND GENERAL INFORMATION (TO INCLUDE, WITHOUT LIMITATION, ENTRANT’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS, AND BIOGRAPHICAL INFORMATION), FOR COMMERCIAL, ADVERTISING, TRADE, MARKETING, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON SOCIAL MEDIA, VIDEO CHANELS, TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION, AS SPONSOR MAY DEEM APPROPRIATE, IN SPONSOR’S SOLE AND ABSOLUTE DISCRETION.  BY SUBMITTING AN ENTRY, ENTRANT AGREES THAT SUCH ENTRY, COMMUNICATIONS OR SUBMISSIONS, CREATIVE SUGGESTIONS, IDEAS, NOTES, CONCEPTS OR OTHER MATERIALS (“SUBMISSIONS”) THAT ENTRANT MAY POST ON INSTAGRAM IN CONNECTION WITH THIS CONTEST, INCLUDING ALL RIGHTS EMBODIED THEREIN, WHETHER SENT VIA THE WEBSITE, BY ELECTRONIC MAIL OR BY SOME OTHER MEANS. SUCH SUBMISSIONS SHALL BE DEEMED TO BE NON-CONFIDENTIAL, NON-PROPRIETARY AND SPONSOR SHALL HAVE NO OBLIGATION OF ANY KIND WITH RESPECT TO SUCH SUBMISSIONS AND SHALL BE FREE TO EDIT, EXPLOIT, MODIFY, PUBLISH, REPRODUCE, USE, DISCLOSE, DISSEMINATE AND DISTRIBUTE THE SUBMISSIONS TO OTHERS WITHOUT LIMITATION IN ANY AND ALL MEDIA NOW KNOWN OR NOT CURRENTLY KNOWN, THROUGHOUT THE UNIVERSE, IN PERPETUITY FOR ANY PURPOSE, WITHOUT COMPENSATION, PERMISSION OR NOTIFICATION TO ENTRANT OR ANY THIRD PARTY. ENTRANT HEREBY GRANTS SPONSOR A ROYALTY FREE, IRREVOCABLE, AND THROUGHOUT THE UNIVERSE, IN PERPETUITY, LICENSE TO USE THE SUBMISSIONS IN ANY FORM OR FORMAT AND TO MODIFY THE SAME, AND ACKNOWLEDGES AND AGREES THAT IF SPONSOR DOES USE THE SUBMISSIONS ENTRANT SHALL NOT BE ENTITLED TO ANY CREDIT, CONSIDERATION, NOTICE OR PAYMENTS OF ANY KIND, INCLUDING WITHOUT LIMITATION, THE PRIZES.  ENTRANT WAIVES ANY MORAL RIGHTS HE OR SHE MAY HAVE TO THE SUBMISSIONS, AND AGREES THAT IF SPONSOR ELECTS TO USE SUBMISSIONS FOR ANY PURPOSE, ALL RIGHTS UNDER COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS WHICH MAY RESULT FROM THAT RELATING TO ENTRANT’S SUBMISSIONS OR FROM USE OF THE SAME BY SPONSOR SHALL BE THE SOLE PROPERTY OF SPONSOR. ENTRANT FURTHER AGREES THAT IF SPONSOR ELECTS TO USE ENTRANT’S SUBMISSIONS, ENTRANT WILL EXECUTE ANY DOCUMENTS REQUESTED BY SPONSOR REGARDING THIS ASSIGNMENT.  IF ANY USE BY SPONSOR OF THE SUBMISSIONS CAUSES IT TO BE LIABLE TO ANY THIRD PARTY, ENTRANT AGREES TO INDEMNIFY SPONSOR AND ITS AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVE AND ALL RELATED PARTIES FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) WHICH IT INCURS AS A RESULT OF ITS USE OF THE SUBMISSIONS.
  1. Disputes: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state courts of Florida, with venue in Daytona Beach of Volusia County; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction).