Car Sweepstakes Official Rules
Pizza Inn® “CHANCE TO WIN A 1958 Ford Fairlane Skyliner Car” SWEEPSTAKES (“SWEEPSTAKES”) OFFICIAL RULES
VOID WHERE PROHIBITED BY LAW. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCE TO WIN.
1. ELIGIBILITY FOR THE SWEEPSTAKES DESCRIBED HEREIN: Open to legal residents of ARKANSAS, GEORGIA, KENTUCKY, LOUSIANA, MISSISSIPPI, MISSOURI, NEW MEXICO, NORTH CAROLINA, SOUTH CAROLINA, OKLAHOMA, TENNESEE, TEXAS, OR VIRGINIA who are 18 years of age and older at the time of Entry (“Entrant”). Employees, contractors, agents, shareholders, officers, and directors of Pizza Inn, Inc. (“Sponsor”), Johnson & Sekin Agency, Champion PR agency, Punchh ( “Promotional Partners”) Facebook, and each of their respective parent companies, subsidiaries, affiliates or related companies, TV production partners, advertising agencies, promotional suppliers (collectively, “Sweepstakes Entities”) and the immediate family members (spouses and parents, children and siblings and their respective spouses, regardless of where they live) or members of the same households (whether related or not) of such individuals are not eligible. All applicable federal, state, and local rules apply. Void in Puerto Rico and where prohibited or restricted by law. This Sweepstakes is not sponsored, endorsed or administered by or associated with Facebook, Twitter, WordPress, Pinterest or KeyRing. Entrants who are not eligible to enter the Sweepstakes (described above), as determined by Sponsor in its sole discretion, or are otherwise in violation of these Official Rules will be disqualified.
2. SWEEPSTAKES ENTRY DATES: The Sweepstakes Submission Entry period begins at 8:00am Eastern Time (“ET”) on April 13, 2018 and ends at 8:00 PM ET on September 23, 2018 (the “Sweepstakes Entry Period”). .
3. HOW TO ENTER:
A. — from April 13, 2018 through September 23, 2018 8pm ET an eligible Entrant who downloads (or has previously downloaded [between December 12, 2016 through April 12, 2018]) the Pizza Inn Rewards mobile app from the Google Play® store or Apple App Store® to his or her mobile phone using the eligible Entrant’s registered account with the Google Play® store or the Apple App Store®, and completes (has previously completed) the Pizza Inn Rewards app registration process will receive one (1) Entry. Limit one (1) Entry per Entrant during the Sweepstakes Entry Period. Downloading the Pizza Inn Rewards App is free.
B. — By entering, Entrants agree a) to comply with these Official Rules including all eligibility requirements; b) not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sweepstakes Entities or any other person or entity, on the grounds that any use of the Entry, or any derivative works, infringes any of Entrant’s rights, including, without limitation, copyrights and moral rights. Nothing herein shall constitute an employment, joint venture, or partnership relationship between Entrant and the Sweepstakes Entities. In no way is Entrant to be construed as the agent or to be acting as the agent of the Sponsor.
PUBLICITY: Except where prohibited, acceptance of a prize constitutes winner’s consent for Sponsor to use winner’s name, likeness, prize information, city and state of residence for promotional purposes in any media without further consideration.
4. RANDOM DRAWING: On or about October 1, 2018 one (1) potential Grand Prize winner will be selected by random drawing from all eligible Entries received by an independent third party. Odds of winning are determined by the number of valid Entries received by the end of the Sweepstakes Period. The potential Grand Prize winner will be sent an email to the email address with his/her Pizza Inn Rewards account. Grand Prize winner must respond to winner notification email within five (5) days. Noncompliance may result in prize forfeiture and an alternate may be selected. Grand Prize winner will be sent via mail an Affidavit of Eligibility/Release of Liability/Publicity Release form which must be signed and returned within seven (7) days of notification. Noncompliance may result in prize forfeiture and an alternate may be selected. Inability to contact a potential Grand Prize winner or the return of any prize notification as undeliverable will result in the prize being forfeited and awarded to an alternate Grand Prize winner.
5. GRAND PRIZE & APPROXIMATE RETAIL VALUE (ARV): : ONE (1) Winner will receive winner’s choice of one (1) of the following:
• one (1) 1958 Ford Fairlane Skyliner Hard top convertible. ARV: $50,000. OR
• A check for $30,000 (in lieu of the car). Prize consists of only the item listed as the prize. Sponsor reserves the right in its sole discretion to substitute a prize of equal or greater value for any reason. Prize is nontransferable, nonassignable, nonnegotiable and not redeemable for cash or credit. No substitution or transfer of prize by winner is permitted. Prize must be accepted as awarded and is awarded “AS IS” with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. If Grand Prize Winner chooses the car, Grand Prize Winner must have a valid U.S. driver’s license and proof of insurance to take delivery of the car; failure to present a valid driver’s license or proof of insurance may result in prize forfeiture and selection of an alternate Grand Prize winner. Grand Prize Winner will be responsible for license and insurance fees required in claiming the car and the payment of all other expenses relating to the receipt and use of the car.
Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason. Sponsor shall only be responsible for awarding the Grand Prize as stated in these Official Rules.
6. TAXES, FEES, EXPENSES, etc. The specifics of all aforementioned elements of the 1958 Ford Fairlane Skyliner Hard top convertible Grand Prize shall be solely determined by Sponsor. All costs, taxes, fees, and expenses, including but not limited to any cost or expense of transportation of the 1958 Ford Fairlane Skyliner Hard top convertible from Spartanburg, SC associated with any element of the 1958 Ford Fairlane Skyliner Hard top convertible not specifically addressed above are the sole responsibility of the Grand Prize Winner. All federal, state and local taxes on prizes are the prize Grand Prize Winner’s responsibility. Grand Prize Winner will be issued a 1099 tax form for the actual value of the Grand Prize and is advised to see independent counsel regarding the tax implications of his/her prize winnings before accepting the prize.
7. GENERAL RULES: Sponsor reserves the right to verify eligibility of all entrants. Illegible, incomplete or entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Sponsor, Promotional Partners, and their agents are not responsible for incomplete, corrupted, unintelligible, lost, late, or misdirected Entries, for technical, hardware or software failures of any kind, for lost or unavailable network connections, or for failed, incomplete, garbled or delayed computer transmissions or any human error which may occur in the receipt or processing of the Entries. Use of computer programs, macro, programmed, robotic, automatic and other similar means to enter the Sweepstakes is prohibited and may result in the disqualification of Entries and/or the entrant. Promotional Partner will provide to Sponsor the name, city and state of the Grand Prize Winner for purposes of promoting the Sweepstakes Grand Prize Winner. .By participating, entrants agree [a] to these rules and decisions of Sponsor, which shall be final in all respects relating to this Sweepstakes; [b] to release, discharge and hold harmless Sweepstakes Entities, their subsidiaries and affiliates or related companies from any and all injuries, liability, losses and damages of any kind resulting from their participation in the Sweepstakes or their acceptance, use or misuse of prize including, without limitation, personal injury, death and property damage; [c] to the use the name of the Grand Prize Winner and/or photograph for advertising, publicity and promotional purposes in all media, including but not limited to on air and within www.pizzainn.com, without compensation (unless prohibited by law) and agree to execute specific consent to such use upon request. Sponsor is not responsible for and shall not be liable for: [a] electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or for any human, typographical, printing or other error relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in the administration of the Sweepstakes, processing of entries; the announcement of the prize or in any Sweepstakes– related materials, [b] failed, incomplete, garbled, or delayed computer transmissions; [c] late, lost, misdirected or incomplete entries; [d] damage to entrants’ or any person’s computer or the contents thereof; [e] any condition caused by events that may cause the Sweepstakes to be disrupted or corrupted; or [f] any damage to prize during shipping or delivery. Sponsor reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Sweepstakes if fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity of the Sweepstakes (or portion thereof), as determined by Sponsor in its sole discretion, and limit entries to those submitted prior to the action taken, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. Any attempt by an entrant to deliberately damage any Web site/App or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws 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. In the event of a dispute as to any Entry, the authorized account holder of the email address used to register for the Pizza Inn Rewards app will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder.. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the promotion or any applicable applications, violates the Official Rules, or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE PIZZA INN REWARS APP, OR ANY WEBSITE RELATED TO THE PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION THE SWEEPSTAKES RULES AND OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Released Parties (listed in #10 below) are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this promotion which may limit the ability to participate or by any human error which may occur in the processing of entries in this promotion. Sponsor reserves the right to modify, terminate, or suspend the online entry should virus, bugs, non-authorized human intervention or other causes corrupt the administration, security, fairness, or proper play of the promotion. Entries may not be made by any other individual or any entity, and/or originating at any other Internet Web site or e-mail address, including but not limited to commercial Sweepstakes subscription notification and/or entering service sites. . Sponsor reserves the right in its sole discretion to disqualify any entry at any time in the event it is determined that the entrant has not complied with these Official Rules.
8. INDEMNITY AND RELEASE OF FACEBOOK: You acknowledge that the Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to Sponsor and not to Facebook. The information you provide will only be used for the Sweepstakes. You agree to release Facebook from all liability relating to this Sweepstakes. You will indemnify and hold Facebook harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) for any claim related to the Sweepstakes including without limitation the publicity or administration thereof.
10. RELEASE AND LIMITATIONS OF LIABILITY: BY PARTICIPATING IN THIS SWEEPSTAKES AND/OR ACCEPTING A PRIZE, ENTRANTS RELEASE AND DISCHARGE PIZZA INN, INC. , FRANCHISEES, ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, VENDORS AND PROMOTIONAL PARTNERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS AND AGREE TO HOLD THEM HARMLESS FROM AND AGAINST ANY LIABILITY OR DAMAGE DUE TO INJURY, LOSS OR DAMAGE TO PERSON, INCLUDING DEATH AND PROPERTY, CAUSED IN WHOLE OR IN PART, DIRECTRLY OR INDIRECTLY, FROM THE USE, MISUSE, ACCEPTANCE OR POSSESSION OF ANY PRIZE, OR PARTCIPATION IN THIS SWEEPSTAKES. UNDER NO CIRCUMSTANCES WILL ENTRANTS BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ATTORNEY’S FEES OR ANY RIGHT TO HAVE ANY DAMAGES MULTIPLIED OR INCREASED. By participating in this promotion, each Entrant accepts and agrees (i) to be bound by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects, and (ii) to release Sponsor, the Promotional Partners and their parents, subsidiaries, affiliates and advertising and promotion agencies, and the respective directors, officers, employees and agencies of the foregoing (collectively, the “Released Parties”) from any and all liability of any injuries, losses or damages of any kind caused by participating in this promotion or resulting from acceptance, or use/misuse of the prize. These Sweepstakes rules constitute the full agreement relating to the promotion. In the event of any conflict between these rules and any of the documents relating to the promotion, these rules shall prevail. All materials submitted become the property of Sponsor and will not be returned.
12. DISPUTES: Each entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or in connection with this promotion, or any prizes awarded, shall be resolved individually, without resorting to any form of class action, and any judicial proceedings shall take place in a federal or state court within the State of Texas; 2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the promotion, shall be governed by, and construed in accordance with the laws of the State of Texas, without giving effect to any choice of law or conflict of law, rules or provisions (whether of the State of Texas, or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of Texas. IN NO EVENT SHALL SPONSOR OR ITS RELATED ENTITIES BE LIABLE TO ANY ENTRANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO ANY INDIVIDUAL ENTRANT IN THIS PROMOTION.
13. WINNER LIST: For the name of the Grand Prize Winner, mail a self-addressed, stamped envelope to be received by September 23, 2018 to: Tiffany Betts, Pizza Inn Corporate Office, 3551 Plano Parkway, The Colony, TX 75056. 14. SPONSOR: Pizza Inn, Inc. 3551 Plano Pkwy., The Colony, TX 75056.