“MILKSHAKE MADNESS”

SWEEPSTAKES OFFICIAL RULES

April 1, 2021

1. NO PURCHASE NECESSARY:

  • No purchase or payment is necessary to enter. A purchase or payment will not increase your chances of winning.

2. PROMOTION PERIOD AND SPONSOR:

  • This Elevation Burger Milkshake Madness Sweepstakes (“Sweepstakes”) is sponsored by FAT Brands, Inc. (“Sponsor” or “FAT Brands”) and runs from April 2, 2021, at 12:01 a.m. (PDT) to April 4, 2021, at 11:59 p.m.(PDT) (“Promotion Period”).

3. ELIGIBILITY:

  • The Sweepstakes is open to legal residents of the 50 United States whose delivery address is located within the delivery radius of an Elevation Burger location that is currently open for business and accepting delivery orders online at www.elevationburger.com/orderonline at time of winner notification. VOID WHERE PROHIBITED. Entrants must be at least 18 years of age at the time of entry. Valid proof of age will be required to collect any prize. Employees of Sponsor and Sponsor’s franchisees, parents, affiliates, distributors, retailers, advertising agencies, promotion agencies, and judging agencies (and the immediate families and household members of each of the foregoing) are not eligible to win.

4. PRIZES:

  • There will be one Grand Prize winner. The winner and the winner’s chosen recipient will each receive one Elevation Burger, one order of Olive Oil Fries, and one hand-scooped ice cream Shake. All prizes are non-transferable. No cash redemption or substitution is permitted, except by Sponsor, who may substitute a prize of equal or greater value. Any and all federal, state, and local taxes, and any other related expenses on prizes, if any, are the sole responsibility of the Sponsor.

5. HOW TO ENTER:

  • Eligible individuals may enter the Sweepstakes in the following ways (each, a “submission”): Tag another Instagram user in a comment on the designated Elevation Burger Milkshake Madness Sweepstakes post on the official Elevation Burger Instagram profile (https://www.instagram.com/elevationburger). Individuals entering the sweepstakes (“Entrants”) are not required to register, pay any entrance fees or make any expenditure in order to participate in the Sweepstakes or win a prize. Sponsor is not responsible and each Entrant waives the right to make any claim related to any cost or expenditure he or she chooses to incur in connection with the Sweepstakes. Sponsor may disqualify any Submission that it considers, in its sole discretion, inconsistent with its family friendly image. All Submissions must be posted or uploaded during the Promotion Period to qualify. No correspondence regarding entries will be acknowledged or entered into with Entrants. Submissions must be original and all content submitted with entries must be owned by or licensed to the Entrant. Submissions must not violate the rights of (including privacy rights and copyrights), defame, libel or slander any person or entity. Entrants must own the copyright of all content used in connection with submissions. By entering the Sweepstakes, each Entrant grants Sponsor an irrevocable, worldwide, perpetual royalty-free license to use all entries in all media in connection with Sponsor’s services, including promoting the Sweepstakes. Sponsor is not responsible for late, lost, incomplete, illegible, stolen, damaged or misdirected entries (all of which are void). In case of any dispute as to the identity of an online Entrant, the Submission will be deemed as having been made by the "Authorized Account Holder" defined as the natural person who is assigned to (a) an email address by a telephone company, wireless service provider, internet access provider, Internet service provider or other organization (e.g. business, educational, institution, etc.) that is responsible for assigning email addresses; or (b) to the Instagram account from which the post originated.

6. SELECTION OF WINNERS.

  • One Grand Prize winner total. Grand Prize winner will be chosen at random from eligible entries on April 5, 2021 by 11:59pm PST. Odds of winning depend on the number of eligible entries received. No entrant may win more than one prize during the Sweepstakes. Sponsor will contact the winners through the Instagram profile (https://www.instagram.com/elevationburger) asking the winner to respond via direct message to claim the prize. If the Sponsor is unsuccessful in its attempt to reach and speak directly with a potential prize winner by phone within 24 hours of initial notification attempt, then that contestant may be disqualified and an alternate potential prize winner may be randomly selected from among the remaining eligible entries and notified as per the procedures outlined above (time permitting).

7. SPONSOR’S DISCRETION.

  • Sponsor’s decisions regarding all matters relating to the Sweepstakes are final and binding. Sponsor, in its sole discretion, may terminate, modify, or suspend the Sweepstakes.

8. TERMS & CONDITIONS.

  • As a condition of participating, each Participate agrees to the following terms and conditions:

a. Use of Name and Likeness. In order to receive a prize, each potential winner must provide Sponsor or its representative with his or her name, address, email address, telephone number and all other information reasonably required by Sponsor and may be required to execute and return a liability and publicity release (where permitted by law) or the prize may be forfeited and an alternate winner selected. Each Entrant consents and grants Sponsor the right, in Sponsor’s sole discretion, perpetually, and throughout the universe, to use and to license others to use the submission as well as Entrant’s name, voice, actions, activities, biographical information and likeness (video-recorded, photographic, illustrated, or otherwise), prize information, any quotes attributable to him or her and any other indicia of persona, together or separately, factually and/or fictionally, in any manner whatsoever, in and in connection with the production, exploitation, and/or distribution of any marketing materials by Sponsor (each, a “Project”), with the right to edit, distribute, exhibit, broadcast, exploit, promote, and advertise the Project, including excerpts therefrom, in any and all manner and media (whether or not now known or recognized), including, without limitation, by means of print, television, radio, DVDs, mobile devices, the internet, and computer-assisted media. Entrant waives any right to inspect such use. Entrant releases Sponsor and its agents, officers, directors, attorneys, employees and each of their respective successors and assigns, from all liabilities, claims, demands and actions (including, without limitation, claims of defamation, false light, invasion of privacy, the commercial exploitation of my image, and any claim of alteration, optical illusion, distortion, faulty mechanical reproduction or illusion in sound reproduction of my image) that may be asserted in connection with the rights herein granted, and Entrant specifically waives any right to damages or to any injunctive or equitable remedies in connection herewith. Entrant will indemnify and hold Sponsor harmless from any third-party claims arising from Sponsor’s exploitation of the rights granted herein. The rights granted herein shall not be construed to limit or affect any right that Sponsor might otherwise be entitled to at law or equity, whether as a member of the general public or otherwise. Sponsor’s privacy policy https://www.elevationburger.com/privacy-policy applies to all Entrants. In the event of a conflict between these Official Rules and Sponsor’s privacy policy, these Official Rules will govern.

b. Compliance with Law and Official Rules. Entrants must conduct themselves in a respectful manner at all times and to abide by all federal, state and local laws and regulations, and be bound by these Official Rules.

c. Waiver and Release. Neither Sponsor nor any of its parents, affiliates, subsidiaries, distributors, retailers, or any of their respective shareholders, directors, officers, distributors, franchisees, employees or promotion/advertising agencies will have any liability whatsoever for any injuries, losses, harm, damage, cost, or expense arising from or in connection with participation in this Sweepstakes or any prize-related activities, or the acceptance, possession, use and/or misuse of a prize including, without limitation, any personal injury or death associated with the use of the prize.

d. Indemnification. Each Entrant hereby releases, indemnifies and holds harmless Sponsor and its and officers, directors, employees, representatives, agents, affiliates, parents and subsidiaries from any and all suits, actions, claims, demands, losses, costs, expenses, judgments, awards, liabilities, obligations and damages, including but not limited to attorneys’ fees and costs to the extent arising from or caused by the acts or omissions of any Entrant in connection with the Sweepstakes, including, without limitation any claim related to the Entrant’s Submission or the content therein.

e. Additional Disclaimers. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error that may occur in the processing of entries. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communications line failure. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Entrants or to any person’s computer related to or resulting from participating or downloading materials in this Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes.

9. OTHER.

  • CAUTION—ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING, REASONABLE ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.

  • Without limiting the foregoing, Sponsor reserves the right to disqualify any Entrant from the Sweepstakes who behaves in a way the reflects negatively on Sponsor or undermines the legitimate operation of the Sweepstakes, does not comply with these Official Rules or violates any federal, state or local law or ordinance in connection with the Sweepstakes. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. While Instagram is not affiliated with this Sweepstakes, Instagram’s terms of use apply. By entering into this Sweepstakes, you hereby agree to release Instagram from any and all claims, liabilities, or losses in connection with the Sweepstakes. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision.

10. OFFICIAL RULES/WINNERS LIST.

  • Winners will be announced through Sponsor’s known social media accounts. For an additional copy of these Official Rules or a list of winners send a stamped, self-addressed envelope (residents of Vermont may omit return postage) postmarked on or before December 31, 2021 to: Elevation Burger Milkshake Madness Sweepstakes, FAT Brands, Inc., 9720 Wilshire Blvd #500, Beverly Hills, CA 90212 and specify on the envelope whether you are seeking the Official Rules or Winners List.