Official 2023 TX BBQ TRAIL Contest Rules
THIS IS A GAME OF SKILL. IT IS NOT A GAME OF CHANCE, A SWEEPSTAKES OR RAFFLE. WINNERS WILL NOT BE CHOSEN AT RANDOM, BUT RATHER ON THE STATED CRITERIA BASED ON THE IN-PERSON ACTIVITIES OF REGISTERED MEMBERS OF THE TX BBQ TRAIL.
- NO PURCHASE NECESSARY to enter or win grand prizes offered in this game of skill based on points and check-ins earned by visiting locations on the TX BBQ Trail.
- WHILE NO PURCHASE IS NECESSARY TO COMPETE, members must complete a full member profile including full name and primary mailing address to be entered. Members who pay for an upgraded membership tier will increase the number of points earned by checking-in to locations around the TX BBQ Trail and therefore may increase paid members’ likelihood of winning prizes decided by point totals.
- CONTEST ONLY OPEN TO legal U.S. residents physically residing in the 50 United States (includes DC) who are eighteen (18) years of age or older AS OF JANUARY 18, 2023.
- Points can be earned by checking-in to any TX BBQ Trail official location or Special Event. Points may be awarded to members ONCE PER LOCATION OR EVENT PER DAY. Bonus Points may be awarded for achievements created by TX BBQ Trail Stop businesses and/or at the discretion of Waypointer Ventures and any current or future sponsors of the TX BBQ Trail.
- Points may be awarded through the use of Waypointer’s proprietary “Proof Of Presence” verification through the TX BBQ Trail app, available on iOS and Android smart device platforms.
- Points may also be awarded by Waypointer/TX BBQ Trail staff through the Waypointer Platform for the purposes of customer service remediation. Points may be awarded in the case of a technology malfunction on the Waypointer Platform and if participants can adequately verify their presence qualified to earn points.
- PROMOTION ENDS ON SEPTEMBER 3rd, 2023
- VOID OUTSIDE OF THE UNITED STATES AND WHERE PROHIBITED BY LAW.
- AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.
- BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH CREATE A BINDING CONTRACT.
- PLEASE READ CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO SPONSORS FROM YOU, A CLASS ACTION WAIVER, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
WAYPOINTER VENTURES LLC (“WAYPOINTER”) and CEN-TEX SMOKERS LLC (“CEN-TEX”) have partnered to give fans of Texas BBQ a chance to win exclusive prizes by visiting official TX BBQ Trail restaurant locations and/or Special Events. This “Game of Skill” is governed by these OFFICIAL RULES (The “Rules”). In the event there is a discrepancy or inconsistency between these Rules and any printed or mailed information from Waypointer Ventures on behalf of the TX BBQ Trail, then these OFFICIAL RULES shall govern. Any individual who enters, attempts to enter or in any way participates or attempts to participate in the Contest (“Participant”) agrees to be bound by the terms and conditions provided in these Rules, as well as by all interpretations and decisions regarding these Rules by Waypointer Ventures LLC. This Contest is subject to and governed by all applicable federal, state, and local laws and regulations. Participation in this Contest is void outside of the United States and where prohibited or otherwise restricted by law.
The sponsors of this Contest are Waypointer Ventures LLC and Cen-Tex Smokers LLC (“The Sponsors”). For inquiries, contact Waypointer, ATTN: TX BBQ Trail Contest, 15511 W HWY 71, STE 110-151, Austin, Texas 78738 or by sending an email to email@example.com. Email messages are reviewed within two (2) to five (5) business days.
The Contest begins on Monday, January 19, 2023 at 12:01 AM CT. The Contest ends either on Sunday, September 3, 2023 at 11:59 PM CT or at an extended time to be announced in 2023 (the “Entry Period”). During the Entry Period, Participants can enter the Contest by registering as a member with a FULLY COMPLETE PROFILE for the 2023 TX BBQ Trail, and checking in to TX BBQ Trail locations in person with the TX BBQ Trail app. Users of the app may check-in and accumulate points WITHOUT a completed profile, but will remain INELIGIBLE. Participants must accurately complete all of the required information and follow all instructions or the redemption will not qualify.
Limit one (1) Grand prize per individual.
The Contest is open to the legal United States residents physically residing in the 50 United States (includes DC) who are at least 18 years of age or older as of January 18th, 2023. Officers, directors, employees, contractors, and agents of Sponsors, Trail Stop businesses, and/or any entity involved in the sponsorship, development, production, implementation and distribution of the Contest as well as their respective parents, affiliates, divisions, subsidiaries and successor companies (collectively the “Contest Entities”), and their immediate family members (and those living in the same household, whether or not related), are prohibited from participating in the Contest and do not qualify as Participants. “Immediate family members” shall include spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws”, or by current or past marriage, remarriage, adoption, cohabitation or other familial extension.
Employer Restrictions: Participant is solely responsible for reviewing and understanding Participant’s employer’s policies regarding Participant’s eligibility to participate in contests. Participants may be disqualified from entering into this Contest or receiving prizes if the Participant is participating in this Contest in violation of his or her employer’s policies.
HOW TO ENTER:
During the Entry Period, eligible Participants enter the Contest by first registering as a TX BBQ Trail Member (either free member or paid Trailblazer Member) and downloading the TX BBQ Trail App from the Apple App Store or Google Play Store. Participants must visit any official TX BBQ Trail stop by being physically present at the BBQ joint’s primary location during operating hours, or by visiting a published off-site event location where check-ins are eligible. Members must use the app to verify their presence using a combination of GPS, Bluetooth, and NFC (near field communication) analytics. RXP (Real Experience Points) will be awarded to all registered members for completing a verified check-in or achievement during the Entry Period. Paid Trailblazer members will earn double RXP for basic check-ins as long as they maintain an active paid annual or monthly paid Trailblazer account. At the end of the Season, Grand Prizes will be awarded to 3 active TX BBQ Trail members (regular members and paid Trailblazer members) based on a combination of metrics including verified check-ins, RXP awarded, and activity at published off-site event opportunities where RXP are being awarded.
False Fraudulent or Deceptive Entries or Acts: Participants who, as determined by Sponsors in their sole discretion, provide false, fraudulent or deceptive entries or who engage in false, fraudulent or deceptive acts in connection with the Contest will be disqualified.
PRIZES / QUANTITIES OF AVAILABLE PRIZES:
The following identifies the prizes available to eligible Participants of the Inaugural Season of the TX BBQ Trail:
GRAND PRIZE 1: A unique Backyard Smoker hand-crafted by Cen-Tex Smokers in Luling Texas. Awarded to the TX BBQ Trail member who visits all Founding 50 BBQ Trail locations AND has the highest earned RXP total at the end of the season. (Approx. Retail Value : $8,000.00)
Grand Prize 2: A 5 ft. Live Fire Table hand-crafted by Cen-Tex Smokers in Luling Texas. Awarded to the TX BBQ Trail member who has the most verified visits to any of the Founding 50 BBQ Trail locations AND in-person off-site event check-ins. This winner must also have visited each of the Founding 50 primary Trail Stop Locations at least once during the season (entry period). (Approx. Retail Value : $7,000.00)
Grand Prize 3: A Chicken-Cooker hand-crafted by Cen-Tex Smokers in Luling Texas. Awarded to the TX BBQ Trail member who has earned the most RXP through any verified activity during the inaugural season (entry period) of the TX BBQ Trail, whether or not the Participant has completed a verified visit to every Trail Stop. (Approx. Retail Value : $2,500.00)
Limit one (1) prize per Participant. All taxes, fees, and surcharges on prizes are the sole responsibility of the participants. Participants will be issued an IRS Form 1099 for the fair market value of the prizes inclusive of sales or other transaction taxes if total prizes exceed $600. Affidavit of eligibility (including SSN), prize acceptance form, tax information, assignment of rights, personal services agreement, publicity release, and/or mutually acceptable liability releases may be required where not prohibited. Any and all guarantees and warranties for merchandise prizes are subject to the manufacturers’ and/or service providers’ terms and conditions, and the winner agrees to look solely to such manufacturers and/or service providers for any warranty or guarantee claim. Prizes are non-transferable except in the sole discretion of the Sponsors. No substitution or cash equivalent is allowed. Sponsors reserve the right to substitute prizes of the same approximate retail value. Prizes consist only of items specifically listed as part of the prize. All costs and expenses not specified herein, related to any prize, including but not limited to delivery, installation, service activation fees, and other expenses incurred by accepting the prize, are the sole responsibility of the participants.
ODDS OF WINNING:
The odds of winning will depend on the number of eligible Participants, their respective membership status and corresponding ability to earn RXP and the ability of Participants to complete verified visits to TX BBQ Trail stops and off-site events.
HOW TO CLAIM A PRIZE:
All prizes listed above must be redeemed in-person at the season finale event at the end of the inaugural season of the TX BBQ Trail on or around September 3, 2023. Exact time and location of the event will be announced and modified on this Contest Rules Page during the Entry Period. Items must be redeemed in-person no later than December 29, 2023 at 5:00PM CST at Cen-Tex Smokers LLC in Luling Texas. No accommodation for delivery or transport of prizes will be provided as part of the award. Eligible participants must complete all of the required information and follow all instructions for redemption or the prize award will not qualify and will be awarded to the next eligible Participant.
AGREEMENT TO OFFICIAL RULES:
By entering and participating in the Contest, and in consideration thereof, each Participant individually warrants and represents to Sponsors that they: (i) meet the residency and age requirements stated in these Official Rules; (ii) will be bound by these Rules and by all applicable laws and regulations, and the decisions of the Sponsors; and (iii) waive any rights to claim ambiguity with respect to these Rules.
RELEASE OF LIABILITY AND INDEMNIFICATION:
As consideration for entering the Contest, all Participants agree to RELEASE, DISCHARGE AND COVENANT NOT TO SUE WayPointer Ventures LLC, Cen-Tex Smokers LLC, the other Contest Entities (as described above) and each of their respective direct and indirect affiliates, divisions, parent and subsidiary companies, officers, employees, shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the “Released Parties”), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of any of the Released Parties.
Additionally, as consideration for entering the Contest, all Participants agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest or for their failure to comply with the terms of the above release provision. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of any of the Released Parties.
Unless prohibited by applicable law, Participants authorize and irrevocably grant to Waypointer Ventures LLC, Cen-Tex Smokers and the other Released Parties (as defined above) permission to reference and discuss Participants, including their name and visual likeness, and their participation in the Contest in publicly available media channels and/or on its website(s) in photographs, video recordings, digital images, audio recordings, as well as in newsletters, news releases, other printed materials, and in materials made available on the Internet or in other media now known or hereafter developed for any purpose Waypointer Ventures LLC, Cen-Tex Smokers LLC and/or the Released Parties deem proper.
All Participants agree to be bound by these Rules. Non-compliance with any of these Rules will result in disqualification and all privileges as a Participant will be immediately terminated. Sponsors, in their sole discretion, further reserve the right to disqualify any person for: (i) tampering with the entry process or the operation of the Contest; (ii) gaining an unfair advantage in participating in the Contest; (iii) obtaining winner status using false, fraudulent or deceptive means; or (iv) engaging in otherwise unsportsmanlike, disruptive, annoying, harassing, or threatening behavior.
CAUTION: ANY ATTEMPT BY ANY PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF ANY CONTEST OR WEB SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
RULES CHANGES AND INTERPRETATIONS:
By entering, Participant agrees to accept and abide by these Official Rules of this Contest and agrees that any dispute with regard to the conduct of this Contest, rule interpretation, or award of prize shall be submitted to Waypointer Ventures, LLC directly, whose decision shall be binding and final. The Sponsors are not responsible for any typographical or other error in the printing of this offer, administration of the Contest or in the announcement of prizes, including erroneous appearance of qualification for a prize, and under no circumstances will more than the stated number of prizes be awarded.
Waypointer Ventures and The Sponsors reserve the right in their sole discretion to supplement or make changes to these Official Rules at any time without individual notice. The Sponsors reserve the right in their sole discretion to interpret these Official Rules , and such interpretation shall be binding upon all Participants.
Waypointer Ventures LLC and The Sponsors (including future sponsors) reserve the right, in their sole and discretion, to modify, cancel, or suspend this Contest, or to amend these Official Rules at any time, without prior individual notice, should any factor interfere with the administration, security, or proper play of this Contest as contemplated by these Official Rules. If for any reason the Sponsors are prevented from continuing with this Contest, or the integrity and/or feasibility of the Contest is severely undermined by any event including but not limited to fire, flood, pandemic, epidemic, earthquake, explosion, labor dispute or strike, act of God, communications network or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, The Sponsors shall have the right, in their sole discretion, to abbreviate, modify, suspend, cancel or terminate the Contest without further obligation. If Sponsors in their discretion elect to abbreviate the Contest, Sponsors reserves the right, but not the obligation, to award the prizes from among all eligible entries received to date. All entries are the physical property of Sponsors and are not returnable.
GOVERNING LAW AND JURISDICTION:
Except where prohibited, each Participant 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 state or federal courts situated in TEXAS, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees, (3) no punitive, incidental, special, consequential or other damages, including, without limitation, lost profits, may be awarded (collectively, “Special Damages”), and (4) Participant hereby waives all rights to claim Special Damages and all rights to such damages multiplied or increased. TEXAS law, without reference to choice of law rules, governs the CONTEST and all aspects related thereto.
LIST OF WINNERS:
For a list of Contest winners mail a self-addressed, stamped envelope postmarked by December 29th, 2023 to: Waypointer, ATTN: TX BBQ Trail Contest Winners, 15511 W HWY 71, STE 110-151, Austin, Texas 78738