“Big Game Flavor Sweepstakes”


  1. SWEEPSTAKES ENTRY PERIOD & SPONSOR: “Big Game Flavor Sweepstakes’” (“Sweepstakes”) starts at 10:00 a.m. Pacific Time (“PT”) on 1/15/2016 and ends at 11:59 p.m. PT on 2/8/2016 (the “Entry Period”). The sponsor of the Sweepstakes is Avocados From Mexico, 222 West Las Colinas Blvd Suite 850E, Irving, TX 75039 (the “Sponsor”). The administrator of the Sweepstakes is Augustine Ideas, 532 Gibson Drive, Suite #250 Roseville, CA 95678 (“Administrator”) (Administrator and Sponsor are collectively referred to as the (“Promotion Parties”).  The Sweepstakes is subject to these Official Rules (the “Official Rules”), and by entering the Sweepstakes each Entrant (defined below) agrees to be bound by them.
  1. ELIGIBILITY: Sweepstakes is open only to legal residents of the 50 states of the United States or of the District of Columbia (“Eligibility Area”), who, as of the date of their entry into the Sweepstakes, are eighteen (18) years of age or older and have reached the legal age of majority in their state of residence. Any officer, employee or director of a Promotion Party or The Cheesecake Factory, Incorporated or any subsidiary, affiliate, parent company, advertising or promotion agency of a Promotion Party or The Cheesecake Factory Incorporated (an “Employee”) and the immediate family members (spouses, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren) of an Employee or any person living in the household of an Employee (whether legally related or not) are not eligible to enter the Sweepstakes or win a Prize (defined below).  Sweepstakes is void outside the Eligibility Area and wherever prohibited or restricted by law.
  1. HOW TO ENTER: To enter the Sweepstakes, visit www.BigGameFlavor.com and complete the quiz of five multiple-choice questions. Upon completion of the quiz, there will be an entry form; fill out your name, email, city and state of residence (“Entry”). Entry form must be completed in full to be valid. Automated methods of entry are void.  Only one (1) individual’s name may be on each entry. Limit of one Entry per person/email address, per day.   Each individual submitting an Entry may be referred to as an “Entrant”. Proof of a submission of an Entry is not considered proof of delivery or receipt. False, fraudulent or deceptive Entries or acts may render Entrants ineligible.  By entering the Sweepstakes, Entrants affirm that they have read and accepted these Official Rules.

This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with The Cheesecake Factory Incorporated or its respective affiliates.  The Cheesecake Factory is a registered trademark of TCF Co. LLC, which is herein used for purposes of Prize description only.  Such use is not intended to suggest or imply the sponsorship, endorsement, or the approval of this Sweepstakes by the owner of said trademark.

    1. In the event of a dispute regarding who submitted an Entry, the Entry will be deemed submitted by the Authorized Account Holder of the e-mail address connected with the email address submitted on the entry form.  “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by the Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.  An Entrant may be required to provide Sponsor with proof that the Entrant is the Authorized Account Holder of the email address associated with the winning Entry and that all eligibility requirements have been satisfied.  
    2. Any attempt by an Entrant to submit an Entry by any method intended to deceive or obscure Entrant’s identity may void his or her Entries and may result in disqualification of his or her Entry, at the sole discretion of Sponsor.
    3. Any Entrant that Sponsor finds to be: (i) tampering with the operation of the Sweepstakes through any means; (ii) acting in violation of the Official Rules or any applicable laws; or (iii) acting in a deceptive or disruptive manner, or with intent to annoy, abuse, threaten, harass, harm, mislead, or defraud Sponsor, the Sweepstakes or any other individual or entity in connection with the Sweepstakes, may be ineligible to win or benefit from a Prize and Sponsor may seek all remedies available to it, including, if appropriate, filing appropriate complaints with legal authorities.
  1. ENTRY PERIOD: The Administrator’s database clock will be the official timekeeper for this Sweepstakes.
  2. WINNER SELECTION: One (1) grand prize winner and Ten (10) first place winners will be selected in a random drawing from among all Entries eligible for the Sweepstakes on or about 2/9/2016 by Administrator.  The random drawing will be conducted by Administrator using randomization methods.  Every qualified entry will be assigned a sequential number, and number randomizer software will be utilized to select all winners.

    Decisions of Promotion Parties shall be final and binding in all matters relating to this Sweepstakes. The potential prize winner will be notified via email or telephone on/about 2/9/2016.  

    It is Entrants’ responsibility to timely set email, and telephone account settings to accept contacts by Promotion Parties and to timely check your accounts for such messages.  Promotion Parties are not responsible for any failure of delivery of notice attempting to use such methods.  

    Potential prize winner will be required to respond to the notification within five (5) days, providing first and last name as well as a complete mailing address within the Eligibility Area and verifying eligibility in the Sweepstakes. Potential prize winner’s failure to respond to notification within this five (5) day time period or comply with all terms of these Official Rules in any way may result in the potential prize winner being disqualified and an alternate Entrant may be randomly selected at Sponsor’s sole discretion.

    Additionally, if any Prize (defined below) or Prize notification is returned as undeliverable for any reason, Sponsor may, in its discretion, award such Prize to an alternate winner selected at random.  No more than two (2) alternates will be selected for any Prize. If a Prize has not been properly claims after two attempts to award the prize to an alternate, the Prize will not be awarded.

    All Federal, state and local tax liabilities are the responsibility of the winners.

  1. PRIZES:
    1. Grand Prize (1): The Grand Prize Winner will receive a check payable to the Grand Prize Winner in the amount of One Thousand Dollars ($1,000.00) (“Grand Prize”). Awarding of the Grand Prize is subject to the Grand Prize Winner’s acceptance of all terms and conditions of these Official Rules and performance of any obligations described in the Official Rules.   
    2. First Prizes (10):  Each First Winner will receive one Fifty Dollar ($50.00) The Cheesecake Factory complimentary e-card (“First Prize”), subject to all terms of use stated in the notification provided with the First Prize and on the complimentary e-card and all redemption terms of use, which are available at www.thecheesecakefactory.com.  E-card cannot be used to pay for gratuities, are not redeemable for cash, and, where prohibited by law, cannot be used to pay for alcohol.
    3. Grand Prize and First Prize may be collectively referred to as a “Prize” or as the “Prizes”.  The total approximate retail value of all Prizes to be awarded in the Sweepstakes is One Thousand Five Hundred Dollars ($1,500.00).  If necessary, due to unavailability of a Prize for any reason, a prize of equal or greater value may be awarded at the sole discretion of the Sponsor. Prizes are provided “as is” and without any warranty of any kind. Winners are responsible for all taxes and fees associated with Prize receipt and/or use.  Winners may receive an IRS Form 1099 for the year in which the prize is awarded reporting the amount of the prize received.   
    4. The odds of winning a Prize are determined by the total number of eligible Entries received and are equal regardless of method of entry. Only one (1) Prize will be awarded to any one (1) individual, email address or household address.
  1. SPONSOR’S RIGHT TO MODIFY OR SUSPEND SWEEPSTAKES OR ANY PARTS THEREOF: IF, FOR ANY REASON, THE SWEEPSTAKES, OR ANY COMPONENT PARTS THEREOF ARE NOT REASONABLY CAPABLE OF RUNNING AS ORIGINALLY PLANNED, SPONSOR, IN ITS SOLE AND EXCLUSIVE DISCRETION, RESERVES THE RIGHT TO CANCEL, SUSPEND OR MODIFY THE SWEEPSTAKES (INCLUDING, WITHOUT LIMITATION, ANY OTHER COMPONENT PARTS THEREOF, OR THESE OFFICIAL RULES (IN WHOLE OR IN PART), AND/OR ANY OF THE PRIZES TO BE AWARDED HEREUNDER) IN A MANNER THAT IS FAIR AND EQUITABLE AS DETERMINED BY SPONSOR IN ITS SOLE AND EXCLUSIVE DISCRETION.  Promotion Parties shall not be liable to a prize winner or any other person for failure post an Entry or to supply a Prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist threats or acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s  reasonable control (each a “Force Majeure” event or occurrence).
  1. PRIVACY INFORMATION: All information submitted by Entrants will be treated according to Sponsor’s privacy policy, available at: http://www.avocadosfrommexico.com/privacy-policy/. By participating in the Sweepstakes and providing any personal information, Entrants hereby agree to Sponsors’ collection and usage of their personal information and acknowledge that they have read and accepted the terms of Sponsor’s privacy policy.   
  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 Sweepstakes or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Columbia or the appropriate District of Columbia Court; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs reasonably associated with entering this Sweepstakes, 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 these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the District of Columbia, without giving effect to any choice of law or conflict of law rules (whether of the District of Columbia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the District of Columbia.
  1. LIMITATION OF LIABILITY: The Indemnified Parties (defined below) 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 Sweepstakes; (2) human errors which may occur in the administration of the Sweepstakes or the processing of Entries; (3) technical failures or malfunctions of any kind, including, but not limited to failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including without limitation any injury or damage to Entrant’s or any other person’s computer relating to or resulting from participation in the Sweepstakes; (4) unauthorized human intervention in any part of the entry process or the Sweepstakes; (5) inability to access any web site; (6) theft, tampering, destruction, or unauthorized access to, or alteration of, Entries; (7) data that is processed late or incorrectly or is incomplete or lost; (8) typographical, printing or other errors; (9) 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 Sweepstakes or receipt, use, or misuse of any prize; or (10) any other cause beyond Sponsor’s reasonable control or any combination thereof.  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 Sweepstakes.  Additionally, Indemnified Parties shall not be liable to a winning Entrant or any other person for failure to supply a Prize.  No more than the stated number of Prizes will be awarded.
  1. INDEMNIFICATION: Each Entrant shall release, indemnify, defend and hold harmless each of the Promotion Parties, Promotion Fulfillment Center and The Cheesecake Factory Incorporated and their respective affiliates, subsidiaries, employees, agents, officers, shareholders and directors (collectively, the “Indemnified Parties”) from and against any and all third party claims, demands, causes of action, proceedings, expenses, and/or liabilities resulting or arising from or in connection with: (i) Sponsor’s and/or any of its affiliates’ or their respective licensees’ and/or authorized designees’ exercise of any of their rights granted hereunder, and/or their use, as permitted hereunder, of the Entrant’s Entry; (ii) the Entrant’s  participation or inability to participate in the Sweepstakes ; and/or (iii) the Entrant’s failure to comply with any one or more of the Official Rules or any applicable laws.
  1. SEVERABILITY.  The provisions of these Official Rules shall be severable and the invalidity of any provision, or portion thereof, shall not affect the enforceability of the remaining provisions.
  1. WINNERS LIST:  For the names of the prize winners (available after 02/28/16) or a copy of these Official Rules, send a self-addressed, stamped envelope to “Big Game Flavor Sweepstakes” – Rules/Winners List (specify which), c/o 532 Gibson Drive, Suite #250 Roseville, CA 95678.  Vermont residents may omit return postage for Official Rules requests. Official Rules are also available during the Entry Period at: www.BigGameFlavor.com