MIXT
Order

MIXT x DESIGN
AT BERKELEY CREATIVE CONTEST

See tinyurl.com/mixtbrief for creative brief.

Official Rules

  1. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
  2. SPONSOR: The sponsor of the Contest is MG Restaurants, Inc. on behalf of its brand, MIXT (“Sponsor”), 563 Clay Street, San Francisco, CA 94111.
  3. PROMOTION PERIOD: The Mixt x Design at Berkeley Creative Contest (the “Contest”) begins at 9:00:00 AM Pacific Time on Tuesday, December 3rd, 2024 (“Start Date”) and ends at 11:59:59 PM Pacific Time on Friday, January 3rd, 2025 (“End Date”) (the period from the Start Date to the End Date is referred to herein as the “Contest Period”).
  4. ELIGIBILITY: The Contest is open only to students who are residents of the 50 United States of America or the District of Columbia (excluding Rhode Island) who are 18 years of age or older as of their time of entry. Employees of Sponsor or of Design at Berkeley, its prize providers and licensors, and each of the foregoing entities’ affiliates, authorized designees and other related entities, and any other individual or entity associated with the development, judging or administration of the Contest (collectively, the “Contest Entities”), as well as members of such employees’ immediate families (spouses, children, siblings, parents), and persons living in the same household as such persons, whether or not related, are not eligible to participate in the Contest.
  5. HOW TO ENTER: Each eligible person must submit a T-Shirt or Poster design meeting the following requirements to be entered into the Contest:

    • Poster Specifications: Size: 18×24”; Resolution: 300 DPI for clear printing; File Formats: PDF or JPG only
    • T-Shirt Specifications: Design Placement: Front and/or back, maximum size of 12×16”; Resolution: 300 DPI; File Formats: PNG or JPG only (mockups preferred)

    Submissions should be made at
    tinyurl.com/mixtxdab by the End Date (each, a “Submission”). Each Submission should be submitted separately. Entrants may submit as many Submissions as they would like.

  6. INDEMNIFICATION: Each entrant hereby agrees to indemnify and hold the Sponsor harmless from and against any and all third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the covenants, representations and warranties of entrant hereunder, including any liability arising from the use by Sponsor of the participant’s Submission.
  7. GRANT OF RIGHTS: By entering the Contest, each entrant hereby irrevocably grants to Sponsor and its affiliates, and their respective successors and assigns, a non-exclusive, transferable, fully-paid, royalty-free, worldwide, perpetual, license, including the unlimited right to sublicense, to use, copy, edit, modify, alter, transcode, adapt, translate, publicly perform, publicly display, store, reproduce, transmit and distribute any aspect of the entry, the Submission, or the entrant identity by means of any and all media and devices whether now known or hereafter devised, including, without limitation, on the MIXT website and MIXT social media pages. For the avoidance of doubt, nothing herein prevents entrants from using their Submissions for other purposes, including, but not limited to displaying the Submission in their portfolio.
  8. WINNER SELECTION: One (1) winner will be chosen from the pool of Submissions based on the Selection Criteria and designated as the winners (the “Winner”). All results of the selection are final and binding, subject to these Official Rules. In the event a winning Submission is discovered to be invalid for any reason whatsoever or the person who submitted the winning Submission fails to comply with these Official Rules prior to delivery of the prize, the prize may be forfeited and awarded to an alternate winner. No more than the advertised number of prizes will be awarded.
    Submissions will be evaluated based on the following (the “Selection Criteria”):

    • 30% Creativity & Originality
    • 30% Visual Impact
    • 30% Relevance to Brand Values and Compliance with Creative Guidelines
    • 10% Versatility
  9. PRIZES: One (1) Winner will receive $250 (fifty dollars) in MIXT app credits (the “App Credit”) the chance to have their Submission evaluated for display in a Mixt location, on Mixt’s social media channels, or in a Mixt advertising campaign, in Mixt’s sole discretion.
    Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All portions of the Prize(s) are non-assignable and nontransferable. Any prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Contest materials are for illustrative purposes only. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prizes are unavailable, in whole or in part, for any reason.
    The App Credit will be delivered only through a valid Mixt account which can be created in the Mixt App or on www.Mixt.com. Such an account must be created by the Winner within seven (7) days of being notified in order to receive the prize. App Credit must be used on or before 11:59PM on the 180th day following issuance (if you are a Winner, you can see the App Credit as a Reward(s) in your Mixt rewards account for details). App Credit will be issued in the form of ten (10) $25 rewards. App Credit rewards cannot be combined with other offers and only one reward can be used per transaction. App Credits are not valid on purchases made through third parties, including, but not limited to, Caviar, UberEats, and Doordash; cannot be used to purchase alcohol or gift cards; and are not valid on orders placed as part of a group order. In the event that any order total is under the amount of App Credit reward being utilized, any remaining balance shall be forfeit. By way of example only, if an order is placed with a total due of $23 and a $25 App Credit reward is applied, the remaining $2 of promotional credit is forfeit.
    Sponsor is not responsible for any delay, misdelivery, or loss of the Prize. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All portions of the Prize(s) are non-assignable and nontransferable. Any prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Contest materials are for illustrative purposes only. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prizes are unavailable, in whole or in part, for any reason.
  10. WINNERS ARE RESPONSIBLE FOR REPORTING AND PAYING ANY AND ALL INCOME, SALES OR EXCISE TAXES THAT MAY APPLY TO ACCEPTING PRIZES; SPONSOR IS NOT RESPONSIBLE FOR AND WILL NOT PAY ANY SUCH TAXES. All winners of prizes with a value exceeding $600 (USD) are required to complete and submit a Form W-9 (Request for Taxpayer Identification Number and Certification) to Sponsor before receiving the prize. The Form W-9 must be completed accurately and truthfully, providing the winner’s full legal name, social security number or taxpayer identification number, and any other required information. Failure to provide the requested information may result in disqualification or forfeiture of the prize. By accepting the prize, the winner acknowledges and agrees that they are responsible for any and all taxes associated with the prize. In the event that a prize value exceeds $600, Sponsor will provide the necessary documentation (e.g., IRS Form 1099-MISC) to report the value of the prize to the appropriate tax authorities. It is the winner’s sole responsibility to consult with a tax advisor or financial professional regarding the tax implications of receiving the prize. Sponsor is not liable for any tax obligations or penalties incurred by the winner. Sponsor reserves the right to withhold the prize until the required tax documentation (such as the completed Form W-9) is received and verified. In the event that the winner fails to provide the required tax documentation within a reasonable time period specified by the contest organizers, the prize may be forfeited, and an alternate winner may be selected. Sponsor shall comply with all applicable tax laws and regulations in relation to the reporting and withholding of taxes on prize winnings. Any expenses incurred by the winner in relation to the tax obligations associated with the prize, including but not limited to income taxes, sales taxes, or other applicable taxes, are the sole responsibility of the winner.
  11. ODDS: The odds of winning depend on the number of eligible entries received. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
  12. NOTICE TO WINNER: Attempts to notify potential winners will be through email on or about January, 7th, 2024. Sponsor is not responsible for communication difficulties or problems of any kind. If, despite reasonable efforts, a potential winner does not respond within seven (7) days of the first notification attempt (or such shorter time as exigencies may require), or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected.
  13. VERIFICATION OF WINNERS: Potential winners may be required to execute an affidavit of eligibility, liability release, and (where imposing such condition is legal) a publicity release (collectively, “Prize Claim Documents”). If any potential winner fails or refuses to sign and return all Prize Claim Documents within fourteen (14) days of prize notification (or such shorter time as exigencies may require), the winner may be disqualified and an alternate winner may be selected.
  14. SPONSOR SHALL NOT BE RESPONSIBLE OR LIABLE FOR ENTRIES THAT ARE ENTERED BY OTHER THAN HUMAN MEANS (SUCH AS BY AN AUTOMATED COMPUTER PROGRAM OR ANY NONHUMAN MECHANISM, ENTITY, OR DEVICE), IN EXCESS OF THE STATED LIMIT, OR FOR ENTRIES THAT ARE LATE, FORGED, DESTROYED, LOST, MISPLACED, STOLEN, MISDIRECTED, TAMPERED WITH, INCOMPLETE, DELETED, DAMAGED, GARBLED, OR OTHERWISE NOT IN COMPLIANCE WITH THESE OFFICIAL RULES, AND ALL SUCH ENTRIES WILL BE DISQUALIFIED. Entrants agree that the Contest Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose.
  15. BY ENTERING THE CONTEST, EACH ENTRANT AGREES: (A) TO BE BOUND BY THESE OFFICIAL RULES AND BY ALL APPLICABLE LAWS AND ALL DECISIONS OF SPONSOR AND ANY INDIVIDUAL DESIGNATED OR AUTHORIZED BY SPONSOR WHICH SHALL BE BINDING AND FINAL; (B) TO WAIVE ANY RIGHTS TO CLAIM AMBIGUITY WITH RESPECT TO THE OFFICIAL RULES; (C) TO WAIVE ALL OF HIS OR HER RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST ANY OF THE CONTEST ENTITIES; AND (D) TO RELEASE, INDEMNIFY, AND HOLD HARMLESS EACH OF THE CONTEST ENTITIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, FROM ANY LIABILITY (INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY PROPERTY LOSS, DAMAGE, PERSONAL INJURY, BODILY INJURY, DEATH, LOSS, EXPENSE, ACCIDENT, DELAY, INCONVENIENCE OR IRREGULARITY), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE OUTSIDE ATTORNEY’S FEES AND COSTS), WHETHER CAUSED BY NEGLIGENCE OR NOT, THAT MAY ARISE IN CONNECTION WITH: (I) THE ENTRANT’S PARTICIPATION OR INABILITY TO PARTICIPATE IN THE CONTEST, (II) TYPOGRAPHICAL ERRORS IN THE OFFICIAL RULES OR ANY CONTEST PROMOTIONAL MATERIALS, (III) ACCEPTANCE OR POSSESSION, DEFECTS IN, USE, MISUSE OR INABILITY TO USE ANY PRIZE (OR ANY COMPONENT THEREOF), (IV) ANY CHANGE BY ANY COMPANY OR ANY OTHER PERSON PROVIDING ANY OF THE COMPONENTS OF A PRIZE DUE TO REASONS BEYOND ANY OF THE CONTEST ENTITIES’ CONTROL OR AS OTHERWISE PERMITTED HEREUNDER, (V) ANY INTERRUPTIONS IN OR POSTPONEMENT, CANCELLATION, OR MODIFICATION OF THE CONTEST, (VI) HUMAN ERROR, (VII) INCORRECT OR INACCURATE TRANSCRIPTION, RECEIPT OR TRANSMISSION OF ANY PART OF THE ENTRY (INCLUDING, WITHOUT LIMITATION, THE ENTRY INFORMATION OR ANY PARTS THEREOF), (VIII) ANY TECHNICAL MALFUNCTIONS OR UNAVAILABILITY OF THE WEBSITE OR ANY TELEPHONE NETWORK, COMPUTER ONLINE SYSTEM, COMPUTER DATING MECHANISM, COMPUTER EQUIPMENT, SOFTWARE, OR INTERNET SERVICE PROVIDER UTILIZED BY ANY OF THE CONTEST ENTITIES OR BY AN ENTRANT, (IX) INTERRUPTION OR INABILITY TO ACCESS THE CONTEST, ANY CONTEST-RELATED WEB PAGES, OR ANY ONLINE SERVICE VIA THE INTERNET DUE TO HARDWARE OR SOFTWARE COMPATIBILITY PROBLEMS, (X) ANY DAMAGE TO ENTRANT’S (OR ANY THIRD PERSON’S) COMPUTER OR ITS CONTENTS RELATED TO OR RESULTING FROM ANY PART OF THE CONTEST, (XI) ANY LOST OR DELAYED DATA TRANSMISSIONS, OMISSIONS, INTERRUPTIONS, DEFECTS, OR ANY OTHER ERRORS OR MALFUNCTIONS, (XII) ANY WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR OMISSIONS ON THE PART OF ANY OF THE CONTEST ENTITIES, OR ANY OF THEIR AGENTS OR EMPLOYEES, OR (XIII) ANY OTHER CAUSE, CONDITION OR EVENT WHATSOEVER BEYOND THE CONTROL OF ANY ONE OR MORE OF THE CONTEST ENTITIES. EACH WINNER HEREBY ACKNOWLEDGES THAT THE CONTEST ENTITIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO ANY PRIZE OR COMPONENT THEREOF, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES PROVIDED BY ANY OF THE PRIZE PROVIDERS ASSOCIATED WITH THIS CONTEST.
  16. Acceptance of a prize constitutes each winner’s permission for Sponsor to use such winner’s name, photograph, likeness, voice, biographical information, Submission(s), statements and address (city and state) for advertising or publicity purposes, worldwide, and in all forms of media now known or hereafter developed, in perpetuity, without further compensation.
  17. Sponsor reserves the right to suspend or cancel the Contest or modify these Official Rules as necessary for any reason or as required by applicable law. Sponsor reserves the right, in its sole discretion, to disqualify from the Contest, and ban from any future promotions, any person it believes to have intentionally violated these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or to have tampered with any element of the Contest without notice to the disqualified or banned person.
  18. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest should virus, bug, non-authorized human intervention, fraud, or other cause beyond Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Contest. In such a case, Sponsor may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor has the right, in its sole discretion, to maintain the integrity of the Contest, to void entries 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 an entrant to deliberately damage any website or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek damages to the fullest extent permitted by law.
  19. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants and Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of laws rules or provisions. Any legal claims arising out of or relating to the Contest or these Official Rules must be brought in the federal or state courts located in San Francisco, California.
  20. To obtain any legally-required winners list (after the conclusion of the Contest) or a copy of these Official Rules, send a self-addressed envelope and affix the proper postage (except where prohibited by law) to MIXT x DESIGN AT BERKELEY CREATIVE CONTEST, 563 Clay Street, San Francisco, CA 94111. Please specify “Winners List” or “Official Rules” and the name of the Contest in your request.