fat shack 5k race challenge official rules

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 The Fat Shack® 5K Race Challenge is open to any guest 18 years or older. Employees of Fat Shack, its affiliates, or franchisees, and their immediate family and household members, are not eligible to participate in the Challenge. 

The initial round of the 5K Race Challenge shall be conducted on November 9th, 2024. The final “Main Event” round shall be conducted January 25th, 2025.

All participants in the Challenge are referred to herein as the “Challengers.” Unless otherwise indicated by the context, all references to the “Challenger” (singular) means the undersigned Challenger.

1. The Fat Shack 5K Race Challenge consists of a Whole Fat Shack Sandwich, a Classic Double Cheeseburger, a Side of French Fries, 12 Mac N’ Cheese bites, and 5 Deep-Fried Oreos (over 5,000 calories total).

Note: All Fat Shack 5K Challengers will be provided a cup free of charge for unlimited beverage refills during the Challenge.

2.  No substitutions will be allowed for any of the Challenge menu items.

3.  The Challenger who most quickly consumes all Challenge menu items listed above among the participants is the winner.

4.  ALL FOOD must be swallowed and kept down for at least FIVE (5) MINUTES after completion. If any food is not kept down in the five minutes following completion of the Challenge, it will result in automatic disqualification (final decision at staff discretion).

5.  If any portion of Challenge food is eaten by any person other than the Challenger, discarded, or otherwise removed from the Challenge in any way, it will result in an automatic disqualification.

6.  If the Challenger leaves the dining area for any reason during the Challenge, it will result in an automatic disqualification.

7.  The Challenge shall consist of an initial round at a Fat Shack restaurant with between three and 10 Challengers selected on a first-come first-serve basis, and the winner of that initial round shall proceed to the “Main Event” round to be held on January 25th, 2025, at a location in Colorado to be determined at a later date and selected by Fat Shack at its discretion.  Also competing at the Main Event will be up to 24 other winners from other local events.  The Challenger is responsible for all expenses associated with traveling to the Challenge locations.

8.  If any winner of an initial round Challenge event is not able to attend the Main Event Challenge (or if such winner does not respond to any communication from Fat Shack within five days to confirm their participation in the Main Event Challenge), then Fat Shack at its discretion may select an alternative runner-up participant from the initial round Challenge event to attend the Main Event.  It is expected that the Main Event portion of the Challenge will be more difficult to win as the Challengers will have all won in the previous round.

9. The final decision as to any disqualification, win, or loss of the Challenge, and resolution of any ties, shall be at Fat Shack staff discretion.

10. All Challengers must be willing to have their photograph taken, which may be used by Fat Shack for in-store and/or digital marketing/advertising purposes. (See below for further details.)

11. This form must be signed by the Challenger and all Challenge food pre-paid for before participating in the Challenge. No entry fee in addition to pre-payment of the Challenge food is required. (Challengers in the State of CO will not be charged for food to participate in the 5K Race Challenge)

12. All winners agree to fill out a contact form for prize delivery and provide a valid form of identification as proof of identity. 

13. Limit one prize per eligible person.

FAT SHACK RESERVES THE RIGHT TO TERMINATE THE CHALLENGE AT ANY TIME IN ITS SOLE DISCRETION WITHOUT PRIOR NOTICE, WITHOUT ANY OBLIGATION TO AWARD ANY PRIZES NOT YET FULLY EARNED.

The Challenge is a contest of skill.  The winner of the Challenge is not determined based on chance or luck.

Challenger grants to Fat Shack, its affiliates, and any Fat Shack franchisees the right to use the Challenger’s name, image, voice, likeness, and city/town of origin, in video, photograph, audio, or any other format, alone or in conjunction with other materials (without restriction as to editing or alteration), for any advertising or trade purposes selected by such authorized parties, including but not limited to purposes of publicizing the Challenger’s participation in the Challenge.  Such publicity may occur through any medium or channel, including but not limited to the Internet, social media, television, radio, newspaper, or other means whether electronic or otherwise.    Challenger agrees to cooperate as requested by Fat Shack in any effort to promote or publicize Fat Shack or the Challenge. Except for any prizes associated with becoming a Challenge winner, Fat Shack shall not be obligated to compensate Challengers in any way for such publicity.

The sponsor of the initial round of the Challenge is Local Fat Shack Restaurant Operator (see below list), address: Local Fat Shack Restaurant Address (see below list), and the sponsor for the Main Event round of the Challenge is Fat Shack Inc., address: 420 E 58th Ave Ste 128B, Denver, Colorado 80216.  All references to the entity “Fat Shack” herein shall be deemed to refer to this these two entities, comprising sponsor.

The prizes to be awarded for successfully consuming the Challenge menu items most quickly at the initial round of the Challenge are a $50.00 Fat Shack gift card for first place, and a $25.00 Fat Shack gift card for second place.  The prizes to be awarded for successfully consuming the Challenge menu items most quickly at the Main Event competition are cash prizes of $3,000.00 for first place, $1,500.00 for second place, and $500.00 for third place.  No additional prizes will be awarded.  The winners will be notified and the prizes will be awarded immediately following successful completion of the Challenge.  Fat Shack reserves the right to provide a substitute prize that it determines in its discretion to be of comparable or greater value.  The Challenger may not request substitution for any prize.  Prizes are not transferable.  All costs, taxes, fees, and expenses associated with any element of the prize are the sole responsibility of the winner.  Fat Shack may issue the winner a 1099 tax form for the actual value of the prize, and the winner shall be required to provide Fat Shack with their social security number and any other information required to prepare such tax form.  Fat Shack may require any winner to sign and notarize an affidavit of eligibility and liability/publicity release in a form acceptable to Fat Shack, in order to receive a prize.  A list of winners will be made available upon written request to the address of the sponsor stated above.  The odds of participants winning the Main Event prizes are estimated to be 1.2% based on an estimated 250 total participants and three available prizes.  

The undersigned Challenger acknowledges that the Challenge involves consumption of a large quantity of calories in a short period of time with risks of personal injury, illness, death, and/or other health-related issues. The Challenger represents and warrants to Fat Shack that Challenger is in good health and suffering from no condition, impairment, disease, infirmity, allergy, or other illness that would make their participation in the Challenge not advisable. The Challenger voluntarily enters the Fat Shack 5K Race Challenge with full knowledge, understanding and appreciation of the dangers involved, and assumes all foreseen and unforeseen risks related to the Challenge. The Challenger, as a condition of entry, hereby unconditionally releases, discharges, holds harmless, promises not to sue, and agrees to defend and indemnify Fat Shack, all Fat Shack franchisees, and their affiliated companies; their vendors; their advertising, promotion and public relations agencies; co-sponsoring companies and their affiliates/agencies, and all officers, directors, employees and agents of the aforesaid entities (collectively, the “Fat Shack Parties”), from any claims, damages, losses, injuries, and/or costs, including attorneys’ fees, that directly or indirectly relate to or arise from participation in or connection with this Challenge as well as the receipt or use of any prize. This expressly includes any claims for personal injury or death, even if arising from the negligence or breach of warranty by any such Fat Shack Party.  The Challenger acknowledges and agrees that these rules and terms are intended to, and do, in fact, release the Fat Shack Parties from any and all claims, damages, losses, injuries, and/or costs of any kind arising from participation in or connection with this Challenge or the receipt or use of any prize. In no event shall any Fat Shack Party be liable to a Challenger for acts or omissions arising out of, or related to, the Challenge or the Challenger’s participation in the Challenge.  The Challenger acknowledges and agrees that the Challenger is solely responsible for all expenses, medical or otherwise, that the Challenger may incur based on participating in the Challenge, whether or not Challenger has medical insurance or not.  The release in this paragraph is intended to be as broad and inclusive as possible under applicable law.

The Challenger acknowledges that the Challenger’s participation in the Challenge is for their own personal benefit and entertainment, and is entirely voluntary.  Such participation serves no public purpose.  The Challenger is under no obligation or compulsion to participate in the Challenge.

The Fat Shack Parties are not responsible for: any incorrect or inaccurate decisions or judgments; human error; technical malfunctions; failures, omissions, interruptions, deletions, or defects of any power or communications networks; theft, tampering, destruction, or unauthorized access to, or alteration of communications; printing or other errors; or any combination thereof.  Fat Shack makes no warranty, express or implied, regarding the Challenge, and any such warranties are hereby disclaimed.

Fat Shack has sole and complete discretion regarding all 5K Challenge-related matters. All decisions regarding the qualification, selection, or disqualification of a Challenger or winner shall be subject to the sole and complete discretion of Fat Shack. A Challenger may be disqualified for any reason at any time.  In particular, Fat Shack reserves the right to reject or refuse the participation of, or to refuse to give any prize to, any person who Fat Shack deems in its discretion to be in violation of Fat Shack’s brand standards and practices (for instance, any individual whose behavior or actions reflect negatively on the Fat Shack brand or who harasses or causes harm to any other guests) and any person who tampers or interferes with the proper conduct of the Challenge.

By participating in the Challenge, the Challenger agrees that any conflict or disagreement that cannot be resolved between the Challenger and Fat Shack will be resolved individually without resort to any form of class action. The Challenger further agrees that any such disputes will be submitted to the courts of competent jurisdiction located in the State of Colorado, and such courts will be the sole jurisdiction and venue for resolving any such dispute. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS CHALLENGE. AND THE CHALLENGER HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF THE CHALLENGER, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. 

The Challenger is subject to all laws of the state, province and/or country in which the Challenger participates in the Challenge, and the Challenger is solely responsible for obeying those laws.  The Challenger agrees that Fat Shack cannot be held liable if laws applicable to the Challenger restrict or prohibit the Challenger’s participation or receipt of a prize.  Participation in the Challenge is not permitted where such participation is prohibited. Fat Shack makes no representations or warranties, implicit or explicit, as to a Challenger’s legal right to participate in the Challenge. These rules and terms constitute the entire agreement between the Challenger and Fat Shack and cannot be modified by the Challenger. Fat Shack reserves the right, in its sole discretion, to modify these rules and terms. If any portion of these rules and terms is deemed void or unenforceable, then the parties hereby request and authorize the court to “blue pencil” such provision so as to make it enforceable and to best carry out the intent of the parties, or to deem such provision severed from these rules and terms if it cannot be so modified. The holding, declaration or pronouncement shall not adversely affect any other provisions of these rules and terms, which shall otherwise remain in full force and effect.