Rules

My Benihana Moment 2023 Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT IMPROVE CHANCES OF WINNING. THE FOLLOWING CONTEST IS VALID ONLY IN THE (50) UNITED STATES AND DISTRICT OF COLUMBIA (D.C.), AND IS OPEN ONLY TO QUALIFIED PERSONS (AS DEFINED IN THE RULES BELOW). VOID ELSEWHERE AND WHEREVER PROHIBITED. DO NOT PARTICIPATE IN THE CONTEST IF YOU DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS AS SET FORTH BELOW. 

Contest Name: My Benihana Moment (the “Contest”).

Contest Dates: Contest registration and photo submission begins at 12:00:00 am Eastern Time (ET) on July 25, 2023 and ends at 11:59:59 pm (ET) on August 8, 2023 (the “Registration and Photo Submission Period”). Contest is subject to all applicable federal, state and local laws and regulations. Void outside the (50) U.S. and D.C., and wherever prohibited or restricted by law.

Who may Enter: Contest is open only to legal residents of the (50) U.S. and D.C., who are age 18 or older as of date of entry and have a valid U.S. driver’s license or government issued ID, except the following persons who are NOT eligible to enter or win:

(a) Employees, officers, and directors of participating Benihana Restaurant locations, Benihana National Corp. (collectively the “Sponsor”), and, as applicable, each of their respective parents, affiliated companies, subsidiaries, distributors, printers, advertising and promotion agencies, and any and all other companies associated with the design or execution of this contest (collectively, “Released Parties”), and the members of the immediate families or same households, whether or not related, of any of the above. “Immediate family members” includes, for purposes of this contest, parents (including in-laws), grandparents, siblings (including step-siblings), children (including step-children), grandchildren (including step-grandchildren) and each of their respective spouses, regardless of where they reside.

(b) Individuals who do not have access to the internet as of July 25, 2023 in order to register for the Contest;

How to Enter – My Benihana Moment Photo Submission: Take or find a photo of your favorite Benihana moment, then upload your photo to enter the contest during the Registration and Photo Submission Period by following the entry method below:

1. Online Entry: Visit https://app.viralsweep.com/contest/full/b8ce6c-116101?framed=1 during the contest Registration and Photo Submission Period, and connect to the contest registration and photo submission page. Follow the online instructions to submit your photo on the contest site and complete the online registration form with all required information including your name, valid email address, zip code, and date of birth (“Online Entry”). After having read and agreed to these Official Rules, click the submit button to submit your Online entry. Any entry submitted with an invalid email address or other inaccurate, incomplete, or incorrect information will be disqualified.

†For the avoidance of doubt, an experience may include but is not limited to making a food/beverage purchase at a Benihana Restaurant location; and, if experience involves a food/beverage purchase, the inclusion of such subject matter will not improve one’s chances of winning. 

All photos must be submitted and registration must be fully completed with all required information by 11:59:59p ET on August 8, 2023 to be eligible. Maximum of one entry per person per day, regardless of method of entry. Each entry requires a unique photo submission that has not previously been entered in the contest by the entrant. Do not submit the same entry (even on different days) via the same or different entry methods. Each participant must submit an entry on his/her own behalf. Any entry submitted on behalf of another individual or using another person’s name, email address, or providing any false email addresses or information, will be disqualified and ineligible to claim any prize. Any attempt by any participant to obtain more than the stated number of entries allowed by using same, multiple/different emails, identities, or any other methods void that participant's entries and that participant may be disqualified. No mechanically produced or automated entries permitted. Use of any automated system to participate is prohibited and will result in disqualification and all such entries will be deemed void. False and/or deceptive entries or acts, including misrepresentation of age, shall render such entries ineligible. 

All Entries and Photo Submissions in the Contest become the sole property of Sponsor and will not be returned. Each Entrant agrees that their submitted photo may be viewed by the public, and shall become the property of Sponsor. Sponsor reserves the right to disqualify and remove any photo submission at any time that is not in compliance with these Official Rules. All Entries must conform to the photo submission requirements as outlined above and below, or it may be disqualified and not considered for the contest.

Any additional individuals included in a photo posted via Instagram Entry, must provide Entrant with express consent and permission for their images and/or photo to be included and submitted in the Contest, and such Entrant is solely responsible for obtaining all authorizations or approvals. The individual who submitted the Instagram Photo Entry shall be designated as the official Entrant competing in the Contest, regardless of any other individuals included in the Photo, and shall be the only individual eligible for any resulting prize award (see below). Any Instagram Entry completed and submitted on behalf of another individual or using another person’s name, email address, or Instagram account; or use of any unauthorized photo submissions will be disqualified.

By participating and submitting an entry, contestant agrees that Sponsor and participating parties are authorized to contact entrant via email, mail, phone or any other form of media to make contestant aware of information pertinent to the contest. 

All entries must include all required information. Any entry or photo submission with incorrect, incomplete or illegible information, an invalid email address or other inaccurate information will be disqualified. Released Parties are not responsible for lost, late, misdirected, incorrect, illegible, incomplete, invalid, unintelligible, or damaged entries, or for entries submitted in a manner that is not expressly allowed under these Official Rules, or for any entry not submitted or received due to any technical error or failure, human error, unauthorized human intervention, inaccurate capture or mis-entry of any required information, failures, omissions, interruptions, deletions, or defects of any phone or cellular phone provider, network computer online systems, computer equipment, servers, or software, including any injury or damage to contestant’s or any other person’s computer relating to or resulting from participation in this Contest; or the failure to capture any such information or effects of hackers or failure of any electronic equipment, computer, phone line or cellular transmissions and/or network connections; all of which will be disqualified.

In the event of a dispute as to any entry, registration or submission, the authorized account holder of the email address, Instagram, or Twitter account used to register or submit the photo, and associated with the entry will be deemed to be the registrant and s/he must be eligible according to these Official Rules. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address or the assigned Instagram or Twitter account holder of the account name used to post the photo submission. Proof of being the authorized account holder may be required.

By registering and submitting an entry and photo submission, you affirm that you have read and accepted these Official Rules. The laws of the United States apply to and govern this Contest and any claims must be raised and resolved in the United States. Any information collected by registering and entering the Contest shall be used only in a manner consistent with these Official Rules and with Contest Administrator’s Privacy Policy. By entering the Contest, each contestant agrees that s/he may be contacted, recorded and/or broadcasted by Sponsor, and that his/her photo submission may be used, promoted, released, broadcasted or published by Sponsor in any manner related to the promotion or advertising of the Contest, without additional approval, authorization or compensation.

Collection and use of information collected in connection with the Contest will be in accordance with Contest Administrator’s Privacy Policy as posted at www.Benihana.com.

General Photo Submission Requirements:

(a) Must be the Entrant’s own original creation;

(b) Any photo submission that is not properly submitted or received for any reason, including any technical difficulties, upload failures; failures to save or properly store the photo submission; busy signals, efforts of hackers; low image/sound quality, include profanity; or any lost or disconnected internet connections, will be disqualified.

Additional Photo Submission Requirements: Sponsor reserves the right in its sole discretion, to disqualify any photo submission for any reason that it considers to not be appropriate for the Contest. Photo submission restrictions include, but are not limited to, the following requirements:

• Not be the known employee/personality of any competitors;
• not be subject to any third party agreement or require payment or incurrence of any sums to obtain further permissions of any person or entity as a result of its use or exploitation of the idea or rights therein or portions, or modified versions or derivative works thereof;
• except as relates to the sponsoring brands or approved partners, not include trademarks, logos, or copyrighted material not owned by Entrant or material that is used without permission (including but not limited to company names, photographs, works of art, or images published on any media) or that otherwise infringes or violates the rights of any third party (including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights (i.e., “droit morale”), or any other intellectual property rights).
• not feature, refer to, or mention any companies or brands in competition with Sponsor;
• not include any unauthorized plagiarism of any kind;
• not be considered harmful to minors in any way;
• not contain description or images of nudity, inappropriate, indecent, sexually explicit, pornographic, or obscene content, names or images (which shall be determined by Sponsor, in its sole and absolute discretion);
• not contain any political or politically themed or motivated messages, statements, or images;
• not defame, slander, libel, misrepresent, or contain disparaging remarks or any other content that could adversely affect the name, reputation, or goodwill of Sponsor or any other individuals and/or entities affiliated or associated with Sponsor, the Contest, or any prizes, the determination of which shall remain in the sole discretion of Sponsor;
• not depict, describe or include images that may be considered unlawful, harmful, threatening, violent, abusive, harassing, tortuous, defamatory, vulgar, libelous, invasive of another’s privacy, hateful, or racially, religiously, ethnically or otherwise objectionable in any manner as solely determined by Sponsor;

Representation and Release of Rights to Photo Submissions: By submitting any photo, each contestant represents that s/he has sole and exclusive ownership and proprietary rights of the photo submission (and for any photo entry has full permission of all parties within photo to publish and release their images and actions shown within the photo); and agrees that each photo submission becomes the sole and exclusive property of Sponsor, and Sponsor may publish, display, promote, or utilize photo submission in any manner of its choosing in relation to the promotion or advertising of the Contest or Sponsor, or publishing the photo in any future advertising. Entry into the Contest and upload of any photo, constitutes permission for the Sponsor and its designees to use that contestant’s photo, entrant’s name, city and state of residence and/or likeness for purposes of advertising and trade in any and all media now or hereafter known worldwide in perpetuity without limitation or further compensation, notification or permission, unless prohibited by law. Photo submissions will not be acknowledged or returned by Sponsor.

Sponsor reserves the right to request from any entrant at any time proof, in a form acceptable to Sponsor, of any permission required or possibly required to use such entrant’s photo submission and entry. Failure to provide such proof, if requested, may disqualify such photo submission and entry from the Contest.

Sponsor reserves the right, in its sole discretion, to disqualify any individual (and all of his or her entries) who tampers or attempts to tamper with or abuse the entry process or the Contest website in any way or who is otherwise in violation of these Official Rules, as determined by Sponsor or the Contest judges appointed by Sponsor in their sole discretion. Any questions regarding the number of entries submitted or the authorized account holder shall be determined by Sponsor in its sole discretion. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY CONTEST WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

Judging of Photo Submissions – Determination of Prize Winners: A panel of judges as solely determined and appointed by Sponsor (that is, representatives from Sponsor’s marketing department) shall review, select and designate (see judging criteria below) from among all eligible entries and submissions received:

• Five (5) runner-up photo submissions; and
• One (1) grand prize-winning photo submission.

Runner-up and grand prize winners shall be selected from among all eligible photo submissions on or about 8/18/2023. The eligible contestants shall be designated as a potential prize winner (see below), subject to verification of eligibility, and compliance with these Official Rules. Only the contestants whose photo submissions are selected by the judges shall be eligible to claim the associated prize awards. If an insufficient number of eligible entries are received, then the associated runner-up or grand prizes shall not be awarded.

Photo submissions shall be judged by a Sponsor-appointed independent panel pursuant to the following general guidelines, requirements and criteria in the determination of being designated as a potential grand prize winner:

• Photos that are appealing, descriptive and consistent with the quality of the Benihana experience (25%);
• Photos that best represent the Sponsor’s brand in a positive manner (25%);
• Creativity, originality, humor and/or other inspiration in the photo submission (25% of score);
• Overall quality of the photo submitted (25% of score);

NOTE: In the event a selected winning submission is identical, similar or nearly similar to another entrant’s submission, only the Sponsor selected and designated entrant, as solely determined by the judging panel (as set forth above), shall be designated as a winning entrant and submission. Any entrant who submitted or claimed to have submitted an identical or similar submission as the judging panel-determined winning entrant, shall have no claim or rights to a prize award.

Prize Winner Selection & Notification: Each potential prize winner will be notified initially by phone, email and/or message posting to the entrant’s Instagram on or about August 18, 2023. If a potential prize winner entered via Instagram or Twitter, Sponsor and Contest Administrator each expressly disclaim any and all liability in conjunction with inability to contact such potential prize winner due to the configuration of his/her privacy settings. With regard to Instagram, you are advised to “follow” the official Benihana account on Instagram (@benihana) so that Sponsor/Contest Administrator will be able to contact you if your submission is a potential prize winner.

If the Contest Administrator is unsuccessful in its attempt to reach and speak directly with a potential winner by phone within 48-hours of the initial notification attempt to the phone number, email address, Instagram or Twitter account associated with that contestant’s entry, 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). Note: phone messages will not be left during the prize winner notification process.

During prize winner notification, the selected potential winner must confirm their eligibility, and indicate their willingness and ability to accept the prize award. The potential winner will then receive official notification via email delivery. If any selected winner does not meet the eligibility requirements, or elects to decline the prize, s/he will be disqualified and, at Sponsor’s discretion and time permitting, an alternate winner will be randomly selected from among all remaining eligible entries and notified as per the procedures outlined above. Any disqualified contestant will not receive any alternate prize substitution or compensation. Decisions of the Administrator in the selection and determination of prize winners and all matters relating to this Contest are final and binding.

All of the following will apply to each prize winner:

1. Winner will be required to complete and return, within 3-days of date of receipt, a prize acceptance form.
2. Winner may be required to present a copy of a valid driver’s license as a condition of participating or receiving any prize;
3. Winner will be required to procure and complete an IRS Form 1099 reflecting the actual value of all prizes won, if prize award value exceeds $600; and
4. Winner will be responsible for paying all applicable taxes (including, but not limited to all local, state and federal taxes) on prize award.

Failure to collect or properly claim any prize in accordance with these rules will result in forfeiture of the prize. If forfeited for any reason, winner will not receive any other prize substitution or compensation, and the prize will remain the property of Sponsor and will not be awarded, except as provided herein.

Runner-Up Prize –five (5) runner-up prize awards available: Each runner-up prize winner shall be awarded a $100.00 Benihana gift card, subject to the terms and conditions of the Benihana gift card policy.

Grand Prize – Maximum of (1) grand prize award available: The Grand Prize winner shall be awarded a total of twelve (12) $200.00 Benihana gift cards ($2,400.00 total), one gift card per month, for a total of 12 months, subject to the terms and conditions of the Benihana gift card policy.

Sponsor reserves the right to alter or modify the photo in any manner of its choosing for promotion or inclusion on any media. The determination as the grand prize winner does not include rights to the photo submission being attributed to the winner, or any representation or guarantee that such photo shall actually appear on any Benihana media at any time, in any form or for designated any period of time.

Maximum value of all available prize awards not to exceed $2,900. All other costs and expenses related to prize acceptance, redemption and use not specified herein as being provided are the sole responsibility of winner. All income, federal, state and local taxes are prize winner’s sole responsibility. Prize award is non-transferable and no cash redemption or prize substitution allowed, except at Sponsor’s sole discretion or as provided herein. Sponsor reserves the right to substitute a prize with one of comparable or greater value, at its sole discretion. Failure to collect or properly claim prize in accordance with these rules will result in forfeiture of the prize. All properly claimed prizes will be awarded. Any unclaimed prize will not be awarded.

Additional Rules & Restrictions: By participating, entrants agree to abide by and be bound by the Official Rules and the decisions of the Sponsor and Contest Administrator (“Released Parties”), which shall be final in all matters relating to this Contest. In the event an entrant wins a prize, and is later found to be in violation of these rules he/she will be required to forfeit the prize or to reimburse Sponsor for the stated value of the prize if such violation is discovered after winner has used the prize. Participation in Contest constitutes permission for the Sponsor and its designees to use entrants’ names, cities and states of residence and/or likenesses for purposes of advertising and trade in any and all media now or hereafter known worldwide on perpetuity without limitation or further compensation, notification or permission, unless prohibited by law. False, fraudulent or deceptive entries or acts shall render entrants ineligible for any prize.

By participating, entrants agree to hold all Released Parties harmless from any claims, losses, actions, or damages of any kind, whether actual, incidental or consequential, for injury (including but not limited to death), damages, losses or expenses arising out of or relating to entrant’s participation in this Contest, or the acceptance, possession or use/misuse of any prize, or participation in prize-related activities (including but not limited to travel or activity related thereto), and to assume all liability therefor.

Released Parties shall not be liable to winner or any other person for failure to supply the prize or any part thereof by reason of any acts of God, any actions, regulations, orders, or requests by any governmental entity, equipment failure, terrorist acts, war, fire, unusually severe weather, embargo, labor dispute or strike, labor or material shortage, transportation interruption of any kind, or any other cause beyond Released Parties’ sole control.

Participants are restricted to use of ordinary and typical computer equipment, mobile phone equipment, Internet access and cellular networks. Sponsor disclaims all liability for the inability of a participant to complete or continue an entry due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the Sponsor’s control, or otherwise. The Sponsor disclaims any liability for entries not received due to technical difficulties or transmission errors. The Sponsor disclaims all liability for any delays, mis-delivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method. Released Parties are not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Contest, and any injury or damage to entrant’s or any other person’s computer or mobile phone related to or resulting from participating in or downloading any information necessary to participate in the Contest. Released Parties are not responsible for any other errors of any kind, whether computer, technical, typographical, printing, human or otherwise, relating to or in connection with the Contest, including, without limitations, errors which may occur in connection with the printing or advertising of this Contest, administration or execution of the Contest, the cancellation of the game, the processing of entries or in the announcement of the prizes or prize winners. Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the Contest website.

Sponsor reserves the right to cancel, modify or terminate the Contest if fraud, misconduct or technical failures destroy or threaten the integrity of this portion of the Promotion, in the opinion of the Sponsor/Administrator, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the Contest as determined by Sponsor/Administrator, in their sole discretion. In the event of early termination of the Contest, Sponsor reserves the right to determine the finalists in a random drawing from among all eligible, non-suspect entries received as of the time/date of such termination.

In addition, by submitting any Photo Submission and Entry, each Entrant transfers any and all of his/her right, title and interest in and to such Photo Submission, including but not limited to any and all copyrights, trademark rights, "moral rights" and any and all other proprietary rights that may exist, throughout the world, to Sponsor and expressly waives any rights s/he may have in such submission and/or Photo Submission and Entry. Each Entrant agrees Sponsor is the exclusive owner of all rights in and to such Photo Submission and Entry, and will have the worldwide, perpetual right to copy, display, reproduce, exhibit, edit, modify, assign, license, register for copyright or trademark, distribute, sell or otherwise use and exploit the photo submission and all elements and/or derivative works thereof, in whole or in part, alone or with other materials, in any media now known or hereafter created or devised, for any reason whatsoever. 

IN CASE OF DISPUTES: By participating, each entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court within the State of Florida; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, and in no event will entrant be entitled to receive attorneys' fees or other legal costs; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, 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 entrant and Sponsor in connection with this Promotion, 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 or provisions (whether of the State of Florida or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of Florida.

Odds: Odds of being selected as a prize winner are dependent upon the total number of eligible entries received from all entry methods combined, and the decisions of judges.

Official Rules & Winners List: For a copy of these Official Rules, or name of prize winner, send a self-addressed stamped envelope to be received by August 18, 2023 to: My Benihana Moment Contest, c/o Marketing Department, 21500 Biscayne Boulevard, Suite 900, Aventura, FL 33180. PLEASE SPECIFY which you are requesting, official rules or winners list.

Sponsor: This Contest is sponsored by Benihana National Corp., 21500 Biscayne Boulevard, Suite 900, Aventura, FL 33180.

Contest Administrator: The contest is administered by Benihana National Corp., 21500 Biscayne Boulevard, Suite 900, Aventura, FL 33180.

This Contest is not affiliated with or sponsored, sanctioned, or endorsed by or in any way in association with Instagram, Twitter or Facebook. Instagram, Twitter and Facebook have no liability or responsibility for any claim arising in connection with this Contest or any prize(s) awarded in connection therewith.