Official Rules for Merci From Mimi's

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

The Merci from Mimi’s Promotion (the “Promotion”) consists of an Instant Win Game (the “Game”) and Random Draw Sweepstakes (the “Sweepstakes”).

1. TIMING AND ELIGIBILITY: The Game starts on or about 6/7/12 and game pieces will be distributed through 7/12/12 (the “Game Period”), or when supplies of game pieces are exhausted, whichever occurs first. The Sweepstakes starts at 6:01 AM Pacific Time (“PT”) on 6/7/12 and ends 11:59 PM PT on 8/31/12 (the “Sweepstakes Period”). The Promotion is open to legal U.S. residents of AL, AR, AZ, CA, CO, FL, GA, IA, IL, KS, KY, MD, MO, NC, NE, NM, NV, OH, OK, SC, TN, TX, UT, and VA (“Eligible States”), 21 years of age or older. Void outside of the Eligible States and where prohibited. Florida residents are eligible to win Instant Win Game prizes ONLY in Florida locations. Employees of SWH Corporation dba Mimi's Cafe (“Sponsor”), and its parent, subsidiaries, affiliates, retailers and advertising and promotion agencies, including Northten Inc. and Robust Promotions LLC, and the immediate family members (spouses, children, siblings, parents and their respective spouses, regardless of where they reside) and members of the same household, whether or not related, of such employees are not eligible to enter or win. Promotion is subject to all applicable federal, state and local laws.
   
   
2. TO OBTAIN AN INSTANT WIN GAME PIECE: There are two (2) ways to obtain a game piece: 1) Each eligible person will receive one game piece with any purchase at participating Mimi’s Cafe locations during the Game Period, while supplies of game pieces last. Limit one (1) game piece per person per visit. For a list of participating Mimi’s Cafe locations, visit www.mimiscafe.com; OR, 2) An eligible person may request a game piece without making a purchase by sending a hand printed, self-addressed stamped envelope (no PO Boxes) to: Robust Promotions, Attn: Merci from Mimi’s IWG Piece Request, 103 S. Villa Ave, Villa Park, IL 60181. Limit one (1) game piece per request, one (1) request per outer postmarked envelope. Free game piece requests must be postmarked by 7/12/12 and received by 7/19/12. Game pieces are available while supplies last. No mechanical reproductions of requests will be accepted. Neither Sponsor nor the Administrator are responsible for lost, late, damaged, misdirected, illegible, incomplete or postage due mail/game piece requests. The date on which a particular game piece is issued shall be known as the “Original Visit Date” for such game piece.
   
   
3. HOW TO PLAY/REDEEM A PRIZE: To play, visit a participating Mimi’s Cafe location on a day after the Original Visit Date (or after receipt, if game piece was requested by mail) and present the unopened game piece to your server or the manager. You may request that a Mimi’s Cafe manager open your game piece without making a purchase. The server or manager will open the game piece to reveal the prize that you have won, subject to verification of eligibility, game piece and compliance with these Official Rules. GAME PIECE MUST BE OPENED BY A MIMI’S CAFE SERVER OR MANAGER AT A PARTICIPATING MIMI’S CAFE LOCATION IN AN ELIGIBLE STATE. GAME PIECE IS VOID IF OPENED BY AN INDIVIDUAL OTHER THAN A SERVER OR MANAGER AT A PARTICIPATING MIMI’S CAFE LOCATION, OR IS DAMAGED OR TAMPERED WITH IN ANY WAY. GAME PIECE MAY NOT BE OPENED ON THE SAME VISIT THE GAME PIECE IS ISSUED (EXCEPT FOR GAME PIECES OBTAINED VIA MAIL). Game pieces must be presented and redeemed at a participating Mimi’s Cafe location in an Eligible State by the close of business on 8/31/12. Limit one (1) prize redemption per check/table per visit; prizes and discounts may not be combined with other offers. Game piece cannot be redeemed for cash. Prizes and discounts must be redeemed on the visit during which the game piece is opened, unless the game piece is signed by a manager, in which case game piece may be redeemed on a future visit to a participating Mimi’s Cafe location on or before 8/31/12. To claim a $50 Mimi’s Cafe Gift Card Prize, hand print your full name, address and telephone number on a 3” x 5” card, sign the back of your original winning game piece and mail both to: Robust Promotions, Attn: Mimi’s Cafe IWG Prize Claims, 103 S. Villa Ave, Villa Park, IL 60181. Do not give your $50 Mimi’s Cafe Gift Card Prize winning game piece to a restaurant employee. Employees are not authorized to redeem the $50 Mimi’s Cafe Gift Card Prize. Only the original winning game piece will be accepted. Gift Card prize claims must be postmarked by 8/31/12 and received by 9/14/12.Sponsor recommends that you make a copy of your winning game piece for your records. The prize will be mailed to the address you provided following verification of game piece and prize claim. The return of any prize as undeliverable or noncompliance with these Official Rules will result in forfeiture of the prize. All prizes that are properly claimed will be awarded. Unclaimed instant win game prizes will not be awarded. Liability for blank or irregular game piece is limited to replacement with another (randomly selected) game piece, while supplies last. Game pieces are void if they are blank or contain printing, mechanical or other errors/defects (as determined by Mimi’s Cafe manager his/her sole judgment). Sponsor’s sole liability for such irregular game pieces is replacement with another, randomly selected game piece, provided supplies last. Game pieces are subject to verification and are void if copied, forged, altered or tampered with in any manner. All materials submitted in connection with the Game become property of the Sponsor and will not be returned.
   
   
4. PRIZES/APPROXIMATE RETAIL VALUE (ARV)/APPROXIMATE ODDS OF WINNING:
   (145) (one per participating location): $50 Mimi’s Cafe Gift Card (1:8,000).
   (58,000) Free Family Meal to-Go: ARV: $24.99 (1:20).
   (232,000) Free Entrée, ARV: $14.99 (1:5).
   (464,000): Free 4-Pack of Muffins, ARV: $5.99 (1:2.8).
   
   
5. DISCOUNTS/APPROXIMATE ODDS OF RECEIVING:
   (348,000) 10% Off Your Meal (1:3.3).
   (116,000) 20% Off Your Meal (1:10).
   
   
6. PRIZE AND DISCOUNT TERMS: A total of 1,160,000 game pieces are available for distribution. For free Family Meal to-Go, free Entrée, or free 4-Pack of Muffins prizes, to the extent actual price of a Family Meal to-Go, an Entrée, or a 4-Pack of Muffins is less than the stated ARV (maximum value), the difference in prize value will not be awarded. Discounts do not apply to alcoholic beverages, tax and gratuities, all of which will be the responsibility of winner. Limit one food prize/discount per check per table. All prize/discount claims are subject to verification. If Mimi’s Cafe manager determines, in his/her sole judgment, that game piece is irregular, altered, defaced, mutilated, counterfeited or tampered with in any way (prior to manager detaching Instant Win part of game piece) or was not obtained through authorized, legitimate channels (or individual is otherwise attempting to defraud Sponsor) or that prize claimant is conducting him/herself in a belligerent or inappropriate manner, manager will confiscate the game piece and it will NOT be redeemed for an Instant Win prize/discount nor will prize/discount claimant be able to use such game piece (and its Code) to enter Sweepstakes Drawing. But, manager’s confiscation of the game piece shall NOT be the sole remedy available to Sponsor should such circumstance arise. ALL INSTANT WIN GAME PRIZES AND DISCOUNTS MUST BE REDEEMED BY THE CLOSE OF BUSINESS ON 8/31/12. $50 Mimi’s Cafe Gift Card is subject to the terms that will be provided with the gift card; gift card expires one (1) year from the date the gift card is issued.
   
   
7. HOW TO ENTER THE SWEEPSTAKES: During the Sweepstakes Period, go on-line to https://sweeps.mimiscafe.com (“Site”). Complete entry form with all required information and enter the Code exactly as it appears on game piece. In order to submit an entry, you must accept and agree to the Official Rules of the Sweepstakes. A valid email address is required to enter. You will receive one entry with each Code submitted. Please see the Sponsor’s privacy policy for details of the Sponsor's policy regarding the use of personal information collected in connection with this Promotion.
   
   
8. ABOUT SWEEPSTAKES CODES. A Code may only be used to enter the Sweepstakes drawing once. Codes cannot be redeemed or exchanged for cash or credit and are void if transferred, exchanged, purchased or obtained/used in violation of these Official Rules. Codes are also void if they contain programming or other errors/defects such that Code cannot be accepted for on-line entry in Sweepstakes Drawing for any reason. Sponsor’s sole liability for an irregular Code is replacement with another Code, provided supplies last.
   
   
9. ON-LINE ENTRY RESTRICTIONS. Regardless of the number of Codes that a person has properly obtained, there is limit two (2) entries per person/email address per day of the Sweepstakes Period. By submitting an entry, you agree to be bound by these Official Rules. A given e-mail address may only be used by a single person for purposes of participation in the Sweepstakes. If more than two (2) entries are received from the same person or email address on a given day, all entries received from such person may be disqualified. In the event of dispute as to ownership of an entry, entry shall be deemed made by the authorized owner of the e-mail account from which the entry was made, as per e-mail account provider’s records. Entries must be manually key-stroked by entrant; use of programmed, robotic or like means to enter is prohibited. Receipt of entries will not be acknowledged. Sponsor and its agencies are not responsible for entries that are lost, late, illegible/garbled, corrupted, misdirected, stolen, incomplete or mutilated and all such entries are void. Submission of entry is the sole responsibility of participant. Proof of transmission of entry does not constitute proof of receipt of same or proof of entry. Released Parties (defined below) are also not responsible for (a) any incomplete, incorrect or inaccurate information, whether caused by tampering, hacking, equipment malfunction/failure or other cause; (b) any error, omission, interruption, deletion, defect, delay in operation or transmission of entries, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries; or (c) any problems or technical malfunctions, disruptions or failures of any kind, including telephone network or lines, computer on-line-systems, servers or providers, software or programming or for damage to one’s computer due to participation in the Sweepstakes.
   
   
10. SWEEPSTAKES PRIZES: All eligible online entries received by 11:59 PM PST on 8/31/12 will be entered into the random drawing for the Grand Prize, First Prize and Second Prizes. Grand Prize (1): a 5 Day/4 Night trip for two to Paris, France. (ARV $6,500). First Prize (1): a French Shopping Spree, awarded as a $1,000 Visa® Gift Card. Second Prize (5): a $100 Mimi’s Cafe Gift Card. Odds of winning depend on number of entries received. Visa® Gift Card is subject to the terms set by the issuer. $100 Mimi’s Cafe Gift Card is subject to the terms that will be provided with the gift card; gift card expires one (1) year from the date the gift card is issued.
    Grand Prize consists of the following elements: [1] round trip coach airfare for two (2) from a major commercial airport near residence of the Grand Prize winner to Paris, France; [2] hotel accommodations for two (2) persons (one standard room with double occupancy) for four (4) nights; [3] hotel transfer for two (2) from the Paris International airport; and [4] $500 for travel expenses. ARV: $6,500. Actual value of trip may vary depending on point of travel origin, travel dates and airfare and/or hotel fluctuations. Any difference between stated and actual value will not be awarded. Airport and airline/hotel accommodations are to be selected by Sponsor and are subject to availability. All meals, gratuities, baggage fees, hotel room service, parking fees, laundry services, merchandise, souvenirs, local and long distance telephone calls and any other expenses associated with Grand Prize trip not specifically included in these Official Rules are the Winner’s responsibility. Trip must be booked at least 60 days in advance and completed by 9/30/13, or prize will be forfeited. Winner and Winner’s guest must travel on same itinerary and are solely responsible for obtaining all necessary travel documents, including passports, prior to departure date. Guest accompanying the Grand Prize Winner will be required to execute and return a Travel Companion Liability/Publicity Release prior to ticketing. A minor may take the trip as a guest only if the Winner is the minor’s parent or legal guardian.
    
    
11. PRIZE DETAILS: No transfers, substitutions or cash redemptions are permitted. Sponsor reserves the right to substitute a prize of comparable or greater value, at its sole discretion. Incidental costs or other expenses associated with prize acceptance and use not specifically set forth herein as being provided are the sole responsibility of winner. All applicable federal, state, and local taxes on the prize are the sole responsibility of winners. Sweepstakes Grand and First Prize Winners will be issued an IRS Form 1099 for the actual value of the prize. All prize details are at Sponsor’s sole discretion. Total ARV of all prizes combined is $7,374,290. Total ARV of all prizes available to FL residents is $363,614.
    
    
12. SWEEPSTAKES DRAWING/NOTIFICATION: The random drawing to select potential Sweepstakes winners will be held on or about 9/4/12 from all eligible entries received. Odds of winning depend on the number of eligible entries received. Potential Winners will be notified by U.S. Mail or express mail service and will be required to complete, sign and return an Affidavit of Eligibility and Liability/Publicity Release, where lawful, within ten (10) days of date of notification. Failure to return these documents within the specified time period, Sponsor’s inability to contact the potential winner within the stated time period, the return of prize notification as undeliverable or noncompliance with these Official Rules will result in forfeiture of the prize and, at Sponsor’s sole discretion, the selection of an alternate winner.
    
    
13. Background Check:  If Sponsor so elects, a potential prize winner may be required to submit to, and cooperate in, a confidential background check to confirm eligibility and to help ensure that the use of any such person in advertising or publicity for the Promotion will not bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Promotion or the Sponsor as determined by Sponsor in its sole discretion. If requested, potential winner will agree to such background check and understand and agree that Sponsor may disqualify such winner based on the results of the background check.
    
    
14. GENERAL:  By participating, participants agree (a) to be bound by these Official Rules and the decisions of the Sponsor and judges, which are final and binding in all matters; (b) to the use by Sponsor and its designees of their names, cities and states of residence and likenesses for advertising, promotional and other purposes in any and all media now or hereafter known throughout the world in perpetuity without additional compensation, notification or permission, unless prohibited by law; and (c) to release, discharge and hold harmless Sponsor, Northten Inc., Robust Promotions LLC and their respective parents, affiliates, subsidiaries, retailers, distributors, suppliers, advertising and promotion agencies, and any other individuals engaged in any way in the development, production, printing, distribution or execution of this Promotion, and the respective directors, officers, and employees of the foregoing (collectively, the “Released Parties”) from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Promotion, or possession, acceptance and/or use or misuse of prize or participation in any Promotion-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor is not responsible if Sweepstakes cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. Where legal, by accepting prize(s), winner grants to Sponsor and its designees the right to use of his/her name, photograph, likeness, voice, and other indicia of identity for advertising/trade/promotional purposes without further compensation or review. Released Parties are not responsible for lost, late, stolen, damaged, inaccurate, incomplete, illegible, mutilated or counterfeit Game pieces, prize claims or data corruption, theft, destruction, unauthorized access to or alteration of Game pieces, loss or otherwise. Released Parties are not responsible for any other errors, malfunctions or problems of any kind, whether printing, seeding, typographical, technical, human or otherwise, errors or problems at Mimi’s Cafe restaurants, including managers or other personnel, relating to or in connection with this Promotion, including, without limitation, errors, malfunctions or problems which may occur in connection with the administration of the Game, the announcement of the prizes, the processing of game pieces, Codes, prize claims or in any Promotion-related materials. Sponsor reserves the right, at its sole discretion, to modify or terminate this Promotion, should any virus, bugs, technical failures, fraud, unauthorized human intervention or other causes corrupt or affect the administration, security, fairness or proper conduct of the Promotion. In such case, Sponsor will select the Sweepstakes prize winner(s) from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any participant from this Promotion or any other promotion conducted now or in the future by Sponsor or any of its affiliates if his/her fraud or misconduct affects the integrity of the Promotion or who is otherwise in violation of these Official Rules, as determined by Sponsor in its sole discretion, and void all associated game pieces. You are not a winner until your eligibility and game piece have been verified, and it is determined that you have complied with all terms of these Official Rules. Game pieces are void if they contain any printing, mechanical, seeding, typographical, or other errors or problems, if they have been tampered with or obtained other than through authorized channels or if they are not presented for prize claim by close of business on 8/31/12. In no event will more prizes be awarded than set forth herein at any prize level. If computer, printing, mechanical, seeding, typographical, human or other errors or problems result in more valid Prize claims for any Prize level than the number stated herein, Sponsor reserves the right, at its sole discretion, to award the stated number of Prizes for that level in a random drawing from among all eligible, non-suspect and valid claims received for such level. All submitted materials in connection with this Promotion become the property of Sponsor and will not be returned. ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. By participating, entrants agree that under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; that all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; that any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs; and that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules. By participating, entrants consent to the jurisdiction and venue of the federal, state and local courts located in Irvine, California. Any failure to enforce any term, condition or provision of these Official Rules shall not constitute a waiver of such term, condition or provision.
    
    
15. Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, GAME PIECES AND/OR THE PROMOTION, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE PROMOTION. IN NO EVENT SHALL THE RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $10. WITHOUT LIMITING THE FOREGOING, THIS PROMOTION AND ALL PRIZES ARE PROVIDED "AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
    

Winners List:  For a list of major winners (available after 9/15/12), send a self-addressed, stamped, envelope by 8/31/12 to: Robust Promotions LLC, Attn: Mimi’s Cafe Promotion Winners List Request, 103 S. Villa Avenue, Villa Park, IL 60181.
Sponsor:  SWH Corporation dba Mimi's Cafe, 18872 MacArthur Blvd Suite 400, Irvine CA 92612.
© 2012 SWH Corporation
This offer shall not be published without permission of the Sponsor.