Mama Boo’s Contest Rules
NO PURCHASE, PAYMENT OR ENTRY FEE IS NECESSARY TO ENTER OR WIN. A PURCHASE,
PAYMENT OR ENTRY FEE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED BY LAW. MESSAGE AND DATA RATES MAY APPLY.
The Mama Fu’s Asian House Halloween Costume Contest ("Contest") submission period begins 11:00
a.m. local time on October 31, 2018 and ends at 11:59 p.m. CSTT on October 31, 2018 ("Submission
HOW TO ENTER
Eligible Participants will take a picture of themselves in a costume while at a Mama Fu’s restaurant
location, and submit the photo on Instagram by tagging @mamafus and adding #MamaBoos (Instagram Story and Instagram posts
accepted) during the Submission Period. Standard data transmission charges will apply to entries.
Eligible Participants must:
be 13 years of age or older.
produce an appropriate photograph depicting Participant at a current Mama Fu’s Asian House restaurant
All submissions, including but not limited to, the photograph, negatives and all associated content and
copyrights, ("Submissions") shall be owned solely by the Sponsor. All Participants who enter a
www.mamafus.com (the “Website”). Limit one prize per Participant.
All Submissions will be reviewed by the Sponsor. The Sponsor will choose in its sole and absolute
discretion the winner (“Winner”). The Winner will be announced via Sponsor’s Instagram account at
approximately 6 p.m. CST on November 1, 2018.
Submissions that do not comply with these Official Rules or that otherwise contain prohibited, or
inappropriate content as determined by the Sponsor, in its sole discretion, will be disqualified and will not
be published or considered. Sponsor makes the final determination as to which Submissions are eligible
to take part in this Contest and be considered for inclusion. From time to time during or after the
Submission Period, Sponsor may, in its sole discretion, choose to feature one or more Submissions on
the Website or Social Media. Being featured on the Website or Social Media is unrelated to the voting and
in no way reflects the possibility of the Submission being considered as a potential winner in the Contest.
Sponsor reserves the right to reject any and all Submissions which it believe may infringe on the rights of
any third parties or do not comply with these Official Rules, in its sole discretion.
To be an Eligible Participant, you must be 13 years or older as of the date of entry and a legal residents of
the forty-eight (48) contiguous United States and the District of Columbia. Employees of Murphy Adams
Restaurant Group (“Sponsor”), and its parent and affiliate companies, suppliers as well as the immediate
family (spouse, parents, siblings and children) and household members of each such employee are not
eligible. The Contest is subject to all applicable federal, state, provincial and local laws and regulations
and is void in the states of Alaska and Hawaii, and where prohibited by law. Participation constitutes an
Entrant’s full and unconditional agreement to these Official Rules and 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 herein. All participants who are considered a minor in their state of residence must
have his/her parent’s or legal guardian’s permission to participate in this Contest.
To make a Submission you must provide a valid postal mailing address (street/city/state/zip or postal
code) and phone number in order to be contacted by phone or mail in the event a Submission is selected
by Sponsor. Potential prize winners may be required to provide proof of age or country of residency if
requested by Sponsor.
There is a limit of one (1) entry per person by any method of entry during the entire Submission
Period. Multiple entrants are not permitted to share the same Instagram account or Device. Any attempt
by any entrant to obtain more than the stated number of entries by using multiple/different accounts,
Devices, identities, registrations and logins, or any other methods will void that entrant's entries and that
entrant will be disqualified. Use of any automated system and/or repetitive electronic submission of
entries (including but not limited to entries made using any script, macro, bot or Contest service) to
participate is prohibited and transmissions from these or related email or IP addresses may be blocked
and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, incorrect, invalid,
unintelligible or misdirected entries, which will be disqualified. In the event of a dispute as to any entry, the
authorized account holder of the Instagram account or the Device used to enter will be deemed to be the
entrant. The "authorized account holder" of an Instagram account, 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. Otherwise, the
"authorized account holder" of a Device is the natural person in whose name the Device has been issued
and the services are billed. Potential Winner may be required to show proof of being the authorized
account holder. If more than one person is shown as a responsible party, then the first-named person will
be deemed the Authorized Account Holder unless the individuals on the account otherwise agree.
Sponsor’s determination of the Winner in case of a dispute will be final and binding.
The Grand Prize will consist of one $500 Mama Fu’s gift card to be redeemed by the Grand Prize Winner
at any participating Mama Fu’s Asian House Restaurant. Unused gift cards cannot be refunded or
exchanged for cash value, in whole or in part. Terms and conditions of the gift card will apply. The Winner
shall bear all risk of loss or damage to his/her gift card after it has been delivered. Sponsor will not
replace any Prize that is lost, stolen or used without permission. Prize is accepted “as is” and cash cannot
be substituted for any Prize unless otherwise agreed by the Sponsor. All Prize details are at the sole
discretion of the Sponsor.
Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole
discretion. Sponsor reserves the right to substitute a Prize for one of equal or greater value if the
designated Prize should become unavailable for any reason. Prize will be awarded “as is” without any
warranties, guarantees or representation of any kind, expressed or implied (including without limitation,
any implied warranty of safety, merchantability or fitness for a particular purpose).
Prize will be awarded by Sponsor, based upon criteria determined and applied by Sponsor in its sole and
Odds of winning depend on the number of contest entries.
Depending on the nature of the Submission, the winning Participant may be required by Sponsor to re-
create the Submission in high resolution or another format, and may also be required to execute and
return within ten (10) days a Design Agreement in which the Participant will acknowledge certain
representations and warrantees in connection with the Submission and will irrevocably assign and
transfer to the Sponsor any and all rights, title, goodwill and interest in and to the Submission, including
without limitation, all copyrights, trademarks and waive all moral rights in such Submission. All decisions
by the Sponsor shall be final and binding.
GRANT OF RIGHTS TO SPONSOR
By making a Submission, the Participant hereby agrees that:
a. In consideration of entering a Submission in the Contest, the Participant on behalf of him or herself, his
or her heirs, executors, administrators and assigns, hereby assigns to Sponsor all rights, interest and
goodwill in the Submission, including an irrevocable grant to Sponsor of the exclusive, perpetual, royalty-
free, worldwide license and right to broadcast, exhibit and otherwise use the Submission and every
element thereof, in whole or in part, in any manner or medium now or hereafter known or devised. All
Submissions, upon submission, become the property of Sponsor, and its successors, assigns and
licensees. Sponsor will have the exclusive right to make unlimited derivative works therefrom, to assign or
transfer any or all such rights and to grant unlimited sublicenses. Without limiting the forgoing, Sponsor
will have the right to use the Submission in any packaging, merchandising, advertising, marketing,
promotion or for any other commercial or non-commercial purpose. The Participants forever waive and
relinquish on behalf of themselves, their heirs, executor, administrator and assigns any and all rights,
including but not limited to goodwill, in and to the Submission. The Participants also irrevocably grant
Sponsor the right to use their name, voice, likeness and biographical material in or related to the
Submission. The Participants agree not to issue any publicity on behalf of or in connection with Sponsor,
their Submission and their participation in this Contest.
b. He or she has no right of approval or consultation with respect to Sponsor's use of the Submission.
Sponsor will not be responsible for the return or preservation of any Submission. Sponsor shall use its
sole discretion in determining the extent and manner of the use of the Submission and Sponsor is not
obligated in any way to use or exploit the same or any rights granted by the Participants, or any portion
thereof, in any medium or any manner whatsoever, including but not limited to use on the Website. The
Participant further agrees that the Submission is not being submitted in confidence or in trust, and that no
confidential or fiduciary relationship is intended or created.
c. Upon entering the Submission, Sponsor owns and controls all rights, including but not limited to the
copyright, intellectual property, goodwill in and to their Submission and hereby irrevocably grants to
Sponsor the unconditional and perpetual right and permission to trademark, copyright (as appropriate),
reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit
and/or otherwise use or reuse (without limitation as to when or to the number of times used), the
Participant's name, address, image, voice, likeness, statements, biographical material and Submission,
including, but not limited to, any additional materials relating to the Participant and arising out of his/her
participation in this Contest (collectively, the "Additional Materials") in any media throughout the world for
any purpose, without limitation, and without additional review, compensation, or approval from the
Participant or any other party.
By receipt of any Prize, Winner agrees to release and hold harmless Sponsor and its subsidiaries,
affiliates, suppliers, distributors, prize suppliers, advertising/promotion agencies, and each of their
respective parent companies and its officers, directors, employees and agents (collectively, the “Released
Parties”) from and against any claim or cause of action, including, but not limited to, personal injury,
death, or damage to or loss of property, arising out of participation in the Contest or receipt, use, nonuse
or misuse of any Prize.
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 cellular networks, 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 the processing of entries; 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. 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 Contest, if it is possible.
Except where prohibited by law, participation in the Contest constitutes Winner's consent to Sponsor’s
and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state
for promotional purposes in any media, worldwide, without further notice, payment or consideration.
CONTEST TERMS OF SUBMISSION
As conditions of entry into this Contest and by uploading a Submission, each Participant represents and
warrants that his or her entire Submission: (i) has been legally obtained or created; (ii) does not infringe
the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party or
violate applicable laws, regulations or network standards; (iii) has not been entered into a previous
contest or has received any awards; and (iv) has not been published previously in any medium. Each
Participant further represents and warrants that he or she has not granted or transferred any rights in or
to the Submission to any third party prior to the date of Submission, and has not done anything which has
impaired and will not do anything to impair the rights granted to Sponsor in any way.
LIMITATIONS OF LIABILITIES; REMEDIES
By submitting a Submission, the Participant agrees that:
a. any and all disputes, claims and causes of action arising out of or connected with their Submission will
be resolved individually, without resort to any form of class action;
b. any and all claims, judgments and awards will be limited to actual third-party, out-of-pocket costs
incurred, but in no event will attorneys' fees be awarded or recoverable;
c. under no circumstances will the Participant be permitted to obtain any award for, and Participant
knowingly and expressly waives all rights to seek, punitive, incidental, consequential or special damages,
lost profits and/or any other damages;
d. the Participant irrevocably waives any right to seek injunctive or equitable relief; and
e. the Participant will indemnify, defend and hold harmless Sponsor and their respective subsidiaries,
affiliates, successors, licensees, and assigns, and each of their respective directors, officers, agents,
equity holders and employees, from and against any and all claims, losses, costs, damages, liabilities and
costs and expenses (including reasonable attorneys' fees and costs) which arise out of Participant's
performance hereunder, or any breach of any of the promises, covenants, agreements, obligations,
representations or warranties set forth herein.
No substitution of prize is offered, no transfer of prize to a third party is permitted and non-cash prizes
may not be redeemed for cash value, except as determined by Sponsor in its sole discretion. Any
difference between stated approximate value of prize and actual value of prize will not be awarded. Prize
winners are solely responsible for any taxes on their prizes and will receive an IRS Form 1099 for the
stated value of the prize. Any portion of the prize not accepted by a winner will be forfeited. If for any
reason the Contest is not capable of running as planned, including without limitation, infection by
computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes
which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest,
Sponsor reserves the right, at its sole discretion to cancel, modify or terminate the Contest. Further,
Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering
or attempting to tamper with the entry process or the operation of the Contest or any Sponsor website; (b)
violating the Official Rules; (c) violating the terms of service, conditions of use and/or general rules or
guidelines of any property or service, or (d) acting in an unsportsmanlike or disruptive manner, or with
intent to annoy, abuse, threaten or harass any other person. Sponsor reserves the right to require a
potential winner to submit to a confidential background check to confirm eligibility and help ensure that
the use of any such person in advertising or publicity for the Contest will not bring the Sponsor into public
disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest as determined by Sponsor
in its sole discretion. Sponsor reserves the right to implement policies and procedures as may be
necessary to enforce compliance with this limit or with any other element of these official rules. Winners
(or a winner’s parent or qualified legal guardian if winner is under the applicable age of majority) may be
required to sign and return an Affidavit of Eligibility, Release of Liability, or other documentation required
by Sponsor. Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if
any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of
the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole
discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the
Contest or to be acting in violation of the Official Rules of this or any other promotion or in an
unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the
legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an
attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent
permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver
of that or any other provision.
The construction, validity, interpretation and enforceability of the Official Rules will be governed by and
construed in accordance with the internal laws of the State of Texas without giving effect to any choice of
law or conflict of law rules. All federal, state and local laws and regulations apply. Notwithstanding the
foregoing, Participant acknowledges that Sponsor may nonetheless (1) seek to obtain injunctive or other
equitable relief from a court to enforce the provisions of these Official Rules and/or; (2) bring an action in
court to protect or interpret any of Sponsor's purported intellectual property rights. Participant will execute
any documents (after being afforded a reasonable opportunity to review and/or confirm the same) and do
any other acts as may be reasonably required by Sponsor to further evidence or effectuate Sponsor’s
rights as set forth in these Official Rules and Participant appoints Sponsor as their attorney-in-fact (which
appointment is irrevocable and coupled with an interest), with full power of substitution and delegation,
but only to execute any and all such documents, or perform such acts, which Participant fails to execute
(after being afforded a reasonable opportunity to review and/or confirm the same).
Murphy Adams Restaurant Group DBA Mama Fu’s, 512 E Riverside Dr #250 Austin TX, 78704.
You agree that any claim or dispute at law or equity that has arisen or may arise relating in any way to or
arising out of the Contest, the Official Rules, or the Sponsor’s Mobile Terms and Conditions will be
resolved in accordance with the provisions set forth in this Dispute Resolution section. Please read this
section carefully. It affects your rights and will have a substantial impact on how claims you and we have
against each other are resolved.
You agree that whenever you have a disagreement with the Sponsor arising out of, connected to, or in
any way related to the Contest, the Official Rules, or the Sponsor’s Mobile Terms and Conditions, you will
send a written notice to the Sponsor (“Demand”). You agree that the requirements of this Dispute
Resolution section will apply even to disagreements that may have arisen before you accepted these
Official Rules or the Sponsor’s Mobile Terms and Conditions. You must send the Demand to the following
address (the “Notice Address”): Legal Department, Murphy Adams Restaurant Group DBA Mama Fu’s, 512 E Riverside Dr
#250 Austin TX, 78704. You agree that you will not take any legal action, including filing a lawsuit or
demanding arbitration, until 20 business days after you send a Demand. If the disagreement stated in the
Demand is not resolved to your satisfaction within 10 business days after it is received, and you intend on
taking legal action, you agree that you will file a demand for arbitration with the American Arbitration
Association (the “Arbitrator”). This arbitration provision limits the ability of you and Sponsor to litigate
claims in court and you and Sponsor each agree to waive your respective rights to a jury trial or a state or
federal judge. You agree that you will not file any lawsuit against Sponsor in any state or federal court.
You agree that if you do sue in state or federal court and Sponsor brings a successful motion to compel
arbitration, you must pay all fees and costs incurred by Sponsor in court, including reasonable attorney’s
fees. For any such filing of a demand for arbitration, you must effect proper service under the rules of the
Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the American
Arbitration Association is unable to conduct the arbitration, you may file your case with any national
arbitration company. The Arbitrator shall apply the AAA Consumer-Related Disputes Supplementary
Procedure effective September 15, 2005 (as may be amended) and as modified by the agreement to
arbitrate in this Dispute Resolution section. You agree that the Arbitrator will have sole and exclusive
jurisdiction over any dispute you have with Sponsor. The Federal Arbitration Act allows for the
enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement
You agree that you will not file a class action or collective action against Sponsor, and that you will not
participate in a class action or collective action against them. You agree that you will not join your claims
to those of any other person. Notwithstanding any other provision in the Official Rules, or the Sponsor’s
Mobile Terms and Conditions, if this class action waiver is invalidated, then the agreement to arbitrate is
null and void, as though it were never entered into, and any arbitration dispute at that time will be
dismissed without prejudice and may be refiled in a court. Under no circumstances do you or Sponsor
agree to class or collective procedures in arbitration or the joinder of claims in arbitration. Sponsor agrees
that we will submit all disputes with you to arbitration before the Arbitrator.
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 Contest, or
any claim or dispute that has arisen or may arise between you and Sponsor shall be governed by, and
construed in accordance with, the laws of the State of Texas without giving effect to any choice of law or
conflict of law rules.
control and govern. By participating in this Contest, entrants hereby agree to Sponsor’s collection and
usage of their personal information and acknowledge that they have read and accepted Sponsor’s
For a copy of these Official Rules, residents of the United States and D.C. may