BIRDCALL GOLD CARD PROMOTION
FOR NEW RESTAURANT OPENINGS IN CO, TX, AND AZ
OFFICIAL RULES
February, 2025
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. Void where prohibited or restricted by law. Open to all legal residents of the United States and the District of Columbia. Must be 13 years of age or older at time of entry (if under 18 years of age, permission from a legal guardian may be required). All federal, state, and local regulations apply. Entry constitutes your acceptance to these terms and conditions.
You may not participate or win a prize if you were a recipient of a Birdcall Gold Card or Golden Ticket in the last twelve (12) months
Sponsor: Birdcall Holdings, LLC., 855 Wyandot St Denver, CO 80204 (the “Sponsor”).
Overview: Sponsor is sponsoring a Birdcall Gold Card Promotion (the "Promotion") as part of the grand opening festivities at its new Birdcall restaurant location (the “Restaurant”). The Promotion will occur on the day of opening, shortly prior to opening, and up until opening, and shall include a contest prize of up to 50 Birdcall Gold Card reward cards (each, a “Prize” and collectively, the “Prizes”). The Promotion will only be considered active and offered if it is announced by Sponsor on sponsor’s social media account(s) and website.
Eligibility: Each Promotion is open only to legal residents of the United States who are at least 13 years of age at time of entry (if under 18 years of age, permission of a legal guardian may be required). Void where prohibited by law. Employees of Birdcall Holdings, LLC, their affiliated companies and agencies, as well as well as immediate family members (spouse, parents, siblings, and children; whether biological, adopted, step or in-law) and household members (whether related or not) of each such employee are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. Eligible minors must have permission from a parent or legal guardian to participate, and a parent/legal guardian must be present to claim the Prize on behalf of the eligible minor. Participation constitutes full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to a Promotion.
Timing: The contest begins and ends on the dates and times as set forth by sponsor (the "Promotion Period"). Sponsor may announce and change the dates and times ahead of the promotion period.
How to Enter: During the Promotion Period, visit the applicable new Birdcall restaurant on the day of opening and be one of the first 25 guests in the drive-thru, or 25 guests at the restaurant, at the time of opening. No purchase is required. Limit one Entry and Prize per person. Entries will not be automatically acknowledged by Sponsor. Sponsor, in its discretion, may require additional documentation from entrant to show proof of entrant’s identity.
Entry Conditions: If your Entry meets the requirements described in these Official Rules, you will receive one Entry into the Contest for a chance to win a prize in this Contest. A valid entry into this Contest is referred to as an “Entry” in these Official Rules.
Winner Selection and Prize Claim: The selection of the potential winners are final and binding in all matters related to the contest. Administrator will select the winners from all eligible entrants during the Promotion Period and subject to these Official Rules.
The potential winners will be notified by a representative during the Promotion Period. Prizes will be given to winners at the end of the Promotion Period.
Prizes: UP TO FIFTY (50) PRIZES WILL BE PROVIDED Birdcall Gold Card that contains a unique promo code that provides one (1) $10 off offer per week for fifty-two (52) weeks. The unique code listed on the winner’s Gold Card will automatically reload $10.00 at the beginning of every week (Monday) for 52 weeks (refer to the start and expiration dates on your card). Loaded Gold Card balance may not exceed $10.00 Un-redeemed discounts shall be forfeited at the end of each week period. To redeem online, visit www.eatbirdcall.com and enter your unique code into the promo code section at checkout, before you pay, to deduct $10.00 from your total. To redeem in-store, please visit one of our restaurants, enter the code in the promo code section at checkout, before you pay, at our kiosk ordering station. Code is valid for use once per week commencing on the start date listed on each Gold Card. Code is not valid for use in the drive-thru, on orders placed in the app, or via 3rd party delivery. The $10.00 per week does not roll over and any unused monetary amounts will not add up and will not be available for collection at a later date. Code can be used towards any item on the menu. Actual value may vary depending on the location. Limit: one (1) prize per person and up to two (2) prizes per household. Gold Cards have no cash value.
Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Gold Cards may not be sold, offered for sale, assigned, transferred, offered for transfer, photocopied, duplicated, traded, donated, auctioned, or redeemed or exchanged for cash, merchandise or services, except as determined by Sponsor, in its sole discretion. Additional terms, restrictions, and exclusions may apply; see Birdcall Gold Card terms and conditions (eatbirdcall.com/gold-card) for additional terms and exclusions. Gold Card codes used are subject to verification and are void and will be rejected if not obtained through authorized, legitimate channels, or if any part of a redemption is determined by any Birdcall personnel to be illegible, forged, reproduced, manipulated, mutilated, counterfeited, or tampered with in any way. 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, including, but not limited to, if underlying food products become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use.
Odds of winning a prize depend on the number of eligible entries received during the Promotion Period.
PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED, TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Prize Terms and Conditions: No cash redemptions or substitution of any Prize are allowed, except by Sponsor who reserves the right, in its sole discretion, to substitute a Prize in whole or in part with one of comparable or greater value if a Prize becomes unavailable. Once a Prize is claimed, Sponsor is not responsible for Winner’s use or non-use of a Prize. Sponsor is not responsible for and will not replace any lost or stolen prizes. It is the responsibility of each potential winner redeem and claim the prize in accordance with these Official Rules. Prizes may not be sold, offered for sale, assigned, transferred, offered for transfer, photocopied, duplicated, traded, donated, auctioned, or redeemed or exchanged for cash, merchandise or services, except as determined by Sponsor, in its sole discretion. Additional terms, restrictions, and exclusions may apply; see Birdcall Gold Card terms and conditions (eatbirdcall.com/gold-card) for additional terms and exclusions. Gold Card codes used are subject to verification and are void and will be rejected if not obtained through authorized, legitimate channels, or if any part of a redemption is determined by any Sponsor personnel to be illegible, forged, reproduced, manipulated, mutilated, counterfeited, or tampered with in any way. 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, including, but not limited to, if underlying food products become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use.
Disqualifications: It is the Participant’s sole responsibility to ensure that they have complied in full with all conditions and requirements contained in these Official Rules. If any potential winner is found to be ineligible, or if they have not complied with these Official Rules, or declines a prize for any reason prior to award, the potential winner will be disqualified, and the prize forfeited.
Release: By participating in the Contest and/or receipt of any prize, Participant agrees to release and hold harmless Sponsor and any promotional partners, each of their parent, subsidiary, affiliate, franchisees, and related companies, and each of its and their respective officers, directors, employees, and agents (collectively the “Released Parties”) from and against any losses, damages, rights, claim, or cause of action of any kind arising, in whole or in part, directly or indirectly, out of participation in the Contest or resulting directly or indirectly, from acceptance, possession, use, or misuse of any prize awarded in connection with the Contest, including without limitation personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy. For the avoidance of doubt, by participating in the Contest, Participant is granting to Sponsor a world-wide, royalty free, transferable, non-cancelable right to Participant’s image, voice, and likeness, to use in connection with promoting this Contest, and any and all other commercial activities of Sponsor.
General Conditions: Sponsor reserves the right to cancel or modify the Contest if fraud, technical failures, human error or any other factor impairs the integrity of the Contest, as determined by Sponsor in its sole discretion. Sponsor is not liable for lost or not received notifications to Participants. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the participation 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 a dishonest, unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Contest is 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 provision.
Invalidity: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Headings and captions are used in these Official Rules solely for ease of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof. These Official Rules cannot be modified or amended in any way except in writing by a duly authorized representative of Sponsor.
Governing Law and Disputes: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between Participant and Sponsor in connection with the Contest shall be governed by and construed in accordance with the internal laws of the State of Colorado, including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws. As a condition of entering this Contest, each Participant agrees that (a) any and all disputes, claims, controversies, or causes of action arising out of or relating to this Contest or any prizes awarded (each, a "Claim") shall be (i) resolved on an individual basis only and shall not be consolidated or joined with or in any other proceeding involving a Claim of any other party and (ii) settled by binding arbitration in the City & County of Denver, Colorado before a single arbitrator appointed by JAMS in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof; and (b) under no circumstance will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim indirect, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses.
This promotion is sponsored only by Birdcall Holdings, LLC. All trademarks, service marks, and copyrights are proprietary to Birdcall Holdings, LLC and or an affiliate of Sponsor. All rights reserved.