TERMS & CONDITIONS OF USE
This website and any social media websites, or other websites that are linked to, or affiliated with this website (hereinafter, collectively referred to as the “SITE”) are owned and/or operated by The Vortex Bar & Grill, its designees, licensees, assignees, affiliates and other entities, (hereinafter, collectively referred to as “THE VORTEX”). All materials, data, text, images, graphics, artwork, video, audio and/or any other content contained in the SITE (hereinafter, collectively referred to as the “MATERIALS”), are provided by THE VORTEX for informational and entertainment purposes only. By entering and using the SITE, you agree to the Terms and Conditions set forth here. You also agree that THE VORTEX retains the sole right to determine what constitutes copyright infringement, and you further agree to pay any and all legal fees and court costs if THE VORTEX has to take legal action against you or your company for copyright or trademark infringement.
COPYRIGHT & OWNERSHIP OF MATERIALS
All MATERIALS contained in the SITE are copyrighted by THE VORTEX and should not be distributed, modified, reproduced or used, in whole or in part, without prior written consent of THE VORTEX. The MATERIALS in the SITE may not be copied for commercial use or distribution without the express written consent of The Vortex, nor may the MATERIALS on the SITE be modified, downloaded or imported to other websites, blogs, e-zines, or any other various methods of replication, digital or otherwise. Using any MATERIALS from the SITE, in any of the aforementioned applications, without first obtaining permission from THE VORTEX is in violation of U.S. Federal copyright law, and will be prosecuted as such. CLICK HERE to contact The Vortex Marketing & Media Manager for information on obtaining permission to use any of the MATERIALS contained in the SITE. © 1992-PRESENT, The Vortex Bar & Grill. ALL RIGHTS RESERVED.
“The Vortex,” for use as identification of a Bar & Grill, and the “Laughing Skull” logo are registered trademarks of Big-Time Marketing, Inc., the usage of which has been legally licensed to THE VORTEX. The absence of a product or service name, service mark or logo belonging to THE VORTEX, anywhere in the MATERIALS of the SITE does not constitute a waiver of owner’s trademark or other intellectual property rights concerning that name or logo. ALL RIGHTS RESERVED.
THIRD PARTY COMPANIES & PRODUCTS
You may legally link from your website to the SITE without asking permission, but THE VORTEX would prefer you notify THE VORTEX through the SITE. Inclusion of any third party products, companies, or websites on the SITE, and elsewhere, is intended for informational purposes only and constitutes neither an endorsement nor a recommendation. THE VORTEX makes no representation whatsoever regarding the content of any other websites.
DISCLAIMER & LIMITATION OF LIABILITY
THE VORTEX intends the information and data contained in the SITE to be accurate and reliable, however, the MATERIALS in the SITE are provided “as-is” and without warranties of any kind, either express or implied. All information presented in the SITE is offered solely as a convenience, for entertainment purposes only, and is subject to change without notice. Operational policies, menu items, liquor selections, descriptions, prices, hours of operation, and all other information appearing on the SITE may therefore be inaccurate at any given time. THE VORTEX cannot warrant that the functions contained in the MATERIALS will be uninterrupted or error-free, that defects will be corrected, or that the SITE or the server that makes it available, are free of viruses or other harmful components. THE VORTEX also assumes no responsibility, and shall not be liable for any damages done to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the SITE or your downloading of any MATERIALS from the SITE. To the extent specified by law, THE VORTEX shall not be liable for any damages of any kind, including, but not limited to direct, indirect, incidental, punative, and/or consequential damages, arising from use of the SITE, or the inability to use, the SITE or any of the MATERIALS in the SITE.
Your purchase and use of a Vortex Gift Card constitutes your acceptance of these and other Terms imposed by THE VORTEX: You must be 21 years or older to enter The Vortex premises at any time. The value of the Card may be applied to purchases made on-premise at any location of The Vortex. The Card is non-refundable, cannot be redeemed for cash, and will not be replaced if lost or stolen. All items purchased above the credit value of the Card will be billed at regular prices, and will be due and payable by the customer. An administrative fee may be assessed against the Card balance after a period of inactivity as allowed by law. Vortex Gift Cards are issued through Secure Payment Systems. They may be reached by phone at: (888) 313-7842. Card balance inquiries may be performed online at: www.securepaymentsystems.com
SPONSORED SOCIAL MEDIA CONTEST RULES
1. Description: From time to time, THE VORTEX may run a Social Media Contest (hereinafter, referred to as “CONTEST”) based on a specific Post (or Posts) made by THE VORTEX on the Company website or on one or more Social Media platforms (hereinafter, collectively referred to as “SITE”). CONTEST may be sponsored solely by THE VORTEX, or may be made in affiliation with a promotional partner – such as the Laughing Skull Lounge comedy club – (hereinafter, collectively referred to as the “CONTEST SPONSOR”).
2. Eligibility: CONTEST is open only to individuals who sign up via the specific SITE Post or Posts for each individual CONTEST, who are 21 years of age or older as of the date of entry, and who are legal residents of the United States (hereinafter, collectively referred to as “PARTICIPANT”). CONTEST is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
3. Duration: CONTEST entries will be accepted online for up to forty-eight (48) hours after the original SITE Post or Posts were made. Any entries received outside of that timeframe will not be included for consideration in the CONTEST.
4. How to Enter: CONTEST must be entered by following the specific instructions contained in the SITE Post or Posts. PARTICIPANT must provide all the information requested. PARTICIPANT may not enter more times than indicated in the SITE Post or Posts by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If a PARTICIPANT uses fraudulent methods, or otherwise attempts to circumvent the rules, their submission may be removed from eligibility at the sole discretion of CONTEST SPONSOR.
5. Prizes: The Winner(s) of the CONTEST (hereinafter, referred to as “WINNER”),will receive the prize or prizes denoted on the SITE Post or Posts for a retail value that will be denoted on the SITE Post or Posts. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by CONTEST SPONSOR. No cash or other prize substitution shall be permitted except at the sole discretion of CONTEST SPONSOR. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by WINNER is permitted. All prizes are nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of WINNER. Acceptance of prize constitutes permission for CONTEST SPONSOR to use WINNER’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning CONTEST depend on the number of eligible entries received.
7. Selection and Notification: WINNER will be selected by a random drawing under the supervision of CONTEST SPONSOR. WINNER will be notified by Instagram or Facebook direct message or by email (if provided) within 24 hours following selection of the WINNER. CONTEST SPONSOR shall have no liability for WINNER’s failure to receive notices due to spam, junk e-mail or other security settings or for WINNER’s provision of incorrect or otherwise non-functioning contact information. If WINNER cannot be contacted, is ineligible, fails to claim the prize within 24 hours from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate WINNER selected. Receipt by WINNER of the prize offered in any CONTEST is conditioned upon compliance with any and all federal, state, and local laws and regulations. Any VIOLATION of these OFFICIAL RULES by WINNER, determined at the sole discretion of CONTEST SPONSOR, will result in WINNER’S DISQUALIFICATION, and all privileges as WINNER will be IMMEDIATELY TERMINATED.
8. Rights Granted: By entering any content (e.g., photo, video, text, etc.), PARTICIPANT understands and agrees that CONTEST SPONSOR, or any person or entity acting on their behalf, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, PARTICIPANT’s entry, name, portrait, picture, voice, likeness, image, statements about the CONTEST, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. By entering content (e.g., photo, video, text, etc.) to a specific CONTEST, PARTICIPANT represents and warrants that their entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If a PARTICIPANT’s entry infringes upon the intellectual property rights of another, they will be disqualified at the sole discretion of CONTEST SPONSOR. If the content of a PARTICIPANT’s entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, The PARTICIPANT shall, at their sole expense, defend or settle against such claims. PARTICIPANT shall indemnify, defend, and hold harmless CONTEST SPONSOR from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which CONTEST SPONSOR may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
9. Terms & Conditions: CONTEST SPONSOR reserves the right, in their sole discretion, to cancel, terminate, modify or suspend the CONTEST should virus, bug, non-authorized human intervention, fraud, or other cause beyond their control, corrupt or affect the administration, security, fairness, or proper conduct of the CONTEST. In such case, CONTEST SPONSOR may select the WINNER from all eligible entries received prior to the recognition of said corruption. CONTEST SPONSOR reserves the right, in their sole discretion, to disqualify any PARTICIPANT who tampers or attempts to tamper with the entry process, or the operation of the CONTEST
or violates these Terms & Conditions. CONTEST SPONSOR reserves the right, in their sole discretion, to maintain the integrity of the CONTEST, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by CONTEST rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by a PARTICIPANT to deliberately damage any SITE or undermine the legitimate operation of the CONTEST may be a violation of criminal and civil laws. Should such attempt be made, CONTEST SPONSOR reserves the right to seek damages to the fullest extent permitted by law.
10. Limitation of Liability: By entering, PARTICIPANT agrees to release and hold harmless CONTEST SPONSOR and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such PARTICIPANT’s entering of the CONTEST and/or PARTICIPANT’s acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
11. Disputes: CONTEST is governed by the laws of the United States, and Georgia, without respect to conflict of law doctrines. As a condition of participating in CONTEST, PARTICIPANT agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this CONTEST, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Georgia having jurisdiction. Further, in any such dispute, under no circumstances shall PARTICIPANT be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than PARTICIPANT’s actual out-of-pocket expenses (i.e. costs associated with entering this CONTEST). PARTICIPANT further waives all rights to have damages multiplied or increased.
13. WINNER’s List: To obtain a copy of the WINNER’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: The Vortex, ATTN: Contest Inquiry, 878 Peachtree Street NE, Atlanta, GA 30309. Requests must be received no later than one (1) month after the CONTEST has concluded.
14. Promoter: The Promoter of CONTEST is THE VORTEX. The CONTEST may also be co-sponsored in affiliation with any number of promotional partners as further described in SITE Post or Posts, and in these CONTEST Rules.
15. Facebook and Instagram: The CONTEST is in no way sponsored, endorsed, administered by, or associated with Facebook or Instagram.
16. Confirmation of Agreement to Rules: By entering or otherwise participating in the CONTEST, PARTICIPANT agrees to be fully unconditionally bound by these Rules, and further represents and warrants that they meet all eligibility requirements. In addition, PARTICIPANT agrees to accept the decisions of CONTEST SPONSOR as final and binding as it relates to the content of this CONTEST.
THE VORTEX BLOG – COMMENT POLICIES
The Vortex Blog is mediated by various agents of THE VORTEX. The guidelines below have been designed to help readers of The Vortex Blog further understand our comment mediation policies.
1. Non-posting: We retain the right NOT to post any comment we receive, for any reason – at our sole discretion.
2. Editing: Comments may be edited for length, content, spelling, punctuation or clarity before (or after) being posted.
3. Timetable: Our intent is to review, approve, edit and post comments as soon as possible, but no strict timetable shall be adhered to.
4. Off-Topic Content: Comments that are clearly off-topic, or that promote outside services or products, will not be posted.
5. Spam: Gratuitous links to sites are viewed as spam, will not be posted.
6. Abusive Content: Comments that contain abusive, vulgar, offensive, threatening or harassing language, personal attacks of any kind, or offensive terms that target specific individuals or groups, will not be posted.
7. Confidential Info: If any personally identifiable information should happen to appear in a comment (such as social security numbers, addresses, telephone numbers, email addresses), they will be removed from comment by the moderator before the comment is posted.
8. Media Inquiries: Members of the media are asked to pose their questions to The Vortex Marketing & Media Manager through normal channels, and to refrain from submitting questions here as comments. Media questions or comments will not be posted. You may CLICK HERE to contact The Vortex Marketing & Media Manager directly.
21st BIRTHDAY – TIKI MUG SPECIAL
THE VORTEX offers our ceramic tiki mug for *free, to patrons on their 21st birthday, with the purchase of the Hip-Mo-Tizer™ cocktail. Standard price for the cocktail served in the collectable tiki mug is $30. The price of the cocktail served without the tiki mug is $12. Therefore, the “special” offered to patrons on their 21st birthday is the cocktail served in the tiki mug for the price of the cocktail alone ($12). For further clarification, the following specific conditions apply to this offer.
1. *Purchase Required: Purchase of the Hip-Mo-Tizer™ cocktail (at the regular price) is required in order to receive the tiki mug at no additional cost.
2. One Day Only: This offer is only valid on the patron’s actual 21st birthday. Not the day before, the day after, nor at any other random time. Presentation of valid ID will be required as proof of birthday.
3. Cancellation or Revision: The Vortex reserves the right to revise or cancel this promotion, in whole or in part, with or without notice, at the Company’s sole discretion.
UPDATE OF TERMS & CONDITIONS HEREIN
THE VORTEX may, from time to time, revise these Terms & Conditions by updating this posting on the SITE. You should therefore periodically review the current Terms & Conditions presented here, so your are aware of any such revisions to which you are legally bound.