Papa Murphy’s – The Battle of the Pizzas Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS AND SOCIAL MEDIA ACCOUNT REQUIRED TO ENTER. Void where prohibited or restricted by law.
ARBITRATION NOTICE: BY ENTERING THIS PROMOTION, PROVIDED PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND ANY SWEEPSTAKES ENTITY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WILL WAIVE YOUR RIGHT TO PARTICIPATE IN A JURY TRIAL, CLASS ACTION LAWSUIT, OR CLASS-WIDE ARBITRATION. (See Disputes/Arbitration provision, below).
ELIGIBILITY: Papa Murphy’s – Battle of the Pizzas Sweepstakes (the “Promotion” or “Sweepstakes”) is offered only in the 50 United States and the District of Columbia (“U.S.”) to legal U.S. residents 18 years of age or older (eligible “entrants”). Employees, officers, directors, members, managers of Papa Murphy’s International LLC (“Sponsor”), its parent, subsidiaries, affiliated companies, franchisees, agents, contractors, advertising/promotion agencies, Richter7, Inc. (“Administrator”), and individuals/entities engaged or involved in the development, production, or distribution of materials for, or implementation of, the Promotion (all collectively the “Promotion Entities”), and the immediate family members (spouse (including domestic partners), siblings, children and parents including foster and step-relations) or those living in their same household (whether or not related) of the aforementioned parties are not eligible to enter or win a prize.
PROMOTION PERIOD: There are a total of four Promotions.
· The first Promotion (“Round 1 Promotion”) starts on or about Sunday, March 15, 2020 at 12:00 AM Pacific Time (“PT”) and ends on Wednesday, March 18, 2020 at 11:59 PM PT (“Round 1 Promotion Period”).
· The second Promotion (“Round 2 Promotion”) starts on or about Thursday, March 19, 2020 at 12:00 AM PT and ends on Sunday, March 22, 2020 at 11:59 PM PT (“Round 2 Promotion Period”).
· The third Promotion (“Round 3 Promotion”) starts on or about Monday, March 23, 2020 at 12:00 AM PT and ends on Thursday, March 26, 2020 at 11:59 PM PT (“Round 3 Promotion Period”).
· The fourth Promotion (“Round 4 Promotion”) starts on or about Friday, March 27, 2020 at 12:00 AM PT and ends on Sunday, March 29, 2020 at 11:59 PM PT (“Round 4 Promotion Period”).
The Round 1 Promotion Period, Round 2 Promotion Period, Round 3 Promotion Period, and Round 4 Promotion Period are collectively referred to as “Promotion Periods.” All time referenced herein is Pacific Time. Entrants are solely responsible for determining the correct time zone in their respective jurisdictions; Promotion Entities disclaim all liability or responsibility relating thereto. Administrator’s server/computer is the official timekeeping device for the Promotion.
TO ENTER: During each Promotion Period, eligible entrants enter by clicking the link included in an email sent by Sponsor or on Sponsor’s Facebook or Instagram page (“Social Media Platforms”) at https://www.facebook.com/papamurphys or https://www.instagram.com/papamurphys, voting for their favorite pizza and completing the information requested (“Entry”).
CONDITIONS OF ENTRY: All steps must be completed and all information provided to receive respective Entry. Failure to follow all steps will void Entry. Once submitted, Entry cannot be modified, deleted or cancelled. Entries become the property of Sponsor and will not be returned.
Limit one (1) Entry per person during each Promotion Period (regardless of method used to enter, if applicable). Entries must be complete, compliant, submitted via the method communicated, and received by Sponsor within one of the Promotion Periods. Promotion may be advertised via more than one Social Media Platform; however, entries will only be accepted via the methods specified herein. Sponsor has the right to verify entrants’ eligibility and compliance with these Official Rules and, on the basis of its investigation, to disqualify any Entry/entrant at any time and require immediate prize return if applicable. Group or commercial submissions are not permissible. Multiple entrants are not permitted to share the same device, social media account, IP or email address. Entrants may not (whether apparent or suspected) enter through a sweepstakes club or exchange sites (or similar method, whether paid or not), with multiple or false identities, accounts, or devices, or use multiple e-mail and/or street addresses, or use any other device or artifice to enter. Engaging directly or indirectly in any (apparent or suspected) artifice, cheating, fraud, spamming, phishing, online sweepstakes clubs (or similar methods), exchange sites (whether or not paid), robotic, automatic, macro, programmed or like participation methods as determined in Sponsor’s sole and absolute discretion, will void all such entries, and disqualify any entrant suspected of using/benefitting directly or indirectly from such methods. If an Entry, for any reason whatsoever, garners comments/responses that are unpleasant, distasteful, nasty or otherwise inappropriate for the Sponsor community or are not in the family-friendly spirit of this Promotion, Sponsor reserves the right to disqualify Entry/entrant and remove any such Entry. Promotion Entities assume no responsibility for lost, late, incomplete, inaccurate, noncompliant, illegible, delayed, destroyed, damaged, not received, undelivered, or misdirected entries (in whole or in part). Entries will not be acknowledged or returned. If, upon review, Sponsor (or its authorized representative) is unable to determine that an entrant/Entry is compliant, or reasonably suspects that he/she/it is not compliant in whole or in part, the Entry as a whole (and entrant) may be disqualified. Proof that you uploaded an Entry does not constitute proof or evidence that it was received within the Promotion Period or eligible for this Promotion. Without limitation, any Entry deemed or suspected by Sponsor, in its absolute discretion, not to be in the spirit of this Promotion, or to be or contain content that is or may be indecent, obscene, offensive, hateful, tortious, defamatory, harmful or unlawful, or appears in any way to violate or infringe the rights of any other person/entity, or illegally defames Sponsor or party affiliated with the Promotion, or any other person/entity will be disqualified.
YOUR USE OF A MOBILE DEVICE: Normal internet access and device usage charges imposed by your mobile plan and/or online service may apply to Entry via mobile device. For those entrants entering with a mobile device: Promotion may not be available via all mobile carriers; messaging and data rates apply to internet access via mobile devices; other charges may apply; check your mobile plan for rates/details; and consent is not a condition of purchase.
RANDOM DRAWING/ODDS: For each Promotion Period, one (1) potential winner will be selected in a random drawing conducted by Sponsor (or its authorized representative) on or within approximately ten (10) business days after the end of each Promotion Period from among all eligible entries received during the Promotion. Odds of winning depend on the number of eligible entries received. Potential winners will be notified by email address used to enter and will be asked to respond with their contact information and/or given instructions to claim their prize. If a potential winner cannot be reached using the contact information (in Sponsor’s discretion) provided on their Entry, declines or refuses the prize for any reason, fails to follow the instructions on or within the time specified by Sponsor in any notification, is noncompliant, or is found to be ineligible, they will forfeit the prize and an alternate potential winner may be randomly selected in Sponsor’s sole discretion, as provided herein. Once notified, potential winner will not be notified again. Promotion Entities shall have no liability for any winner notification that is intercepted, not received, not delivered, misdirected as spam/junk, not timely acted upon, or otherwise not responded to by a potential winner for any reason whatsoever, and the prize will be forfeited. After one additional unsuccessful attempt to award a prize, that prize will remain unawarded; there will not be a second-chance drawing.
It is anticipated that prizes will be claimed by each winner at their local participating Papa Murphy’s location (in Sponsor’s discretion) or, if there is no local participating Papa Murphy’s location, mailed approximately thirty (30) days following winner verification. Prize or prize notifications that are unawarded, unclaimed, undelivered, misdelivered (including into spam or junk folders), refused, or returned will not be re-awarded. Potential winners may in Sponsor’s discretion be required to sign, have witnessed and return a Declaration of Eligibility, Liability and Publicity Release (where legal) within the time specified by Sponsor, or else prize will be forfeited.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”): Assuming sufficient eligible entries are received, the following prize(s) is/are available to be awarded, subject to verification of eligibility and compliance with these Rules:
Prize for each Promotion Period: (1) Papa Murphy’s Pizza awarded in the form of a Papa Murphy’s $160 gift card; and (1) VISA gift card valued at $1,000. Total ARV of prize for each Promotion Period: $1,160. Total value of all prizes to be awarded: $4,640.
Limit one (1) prize per person/household address. Any difference between ARV and actual value of a prize will not be awarded. Any and all applicable local, state, and federal taxes and all expenses not specifically stated herein are solely the responsibility of a winner, if applicable. Winner(s) is/are advised to seek independent counsel regarding tax implications of their prize winning, if applicable. Only the description and number of prizes stated in these Official Rules is available to be won in the Promotion; in no event will Promotion Entities be responsible to award more than the stated number of prizes herein. Prize(s) awarded assuming sufficient eligible entries are received. If because of technical, typographical, mechanical or other errors or for any other reason, there are more claims for a prize than prizes offered as stated in these Official Rules, a random drawing will be held among all eligible non-suspect claimants in such category to award such prize. A gift certificate, gift card, coupon or similar item received as a prize: is for promotional purposes only; Papa Murphy’s gift card is redeemable at participating Papa Murphy’s; will not be replaced if lost, misplaced, damaged, destroyed or stolen; and is subject to the terms and conditions of issuer. Prize cannot be assigned, transferred, redeemed for cash, or substituted, except by Sponsor who may, at its sole discretion, substitute a prize, or any item therein with a prize or substitute item of equal or greater value. Prize, and any element thereof, including any products received as a prize, may not be sold, resold, auctioned, bartered, or placed into any other unauthorized channels of distribution. Any prize pictured in advertising, any website or Promotion materials is for illustrative purposes only and may not be the actual prize awarded. With the exception of all valid manufacturer’s warranties with respect to a prize, prize is provided "AS IS” without warranty of any kind, either express or implied, including but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement. References to and any other non-Sponsor third party logos or trademarks in connection with this Promotion and/or prizes are registered trademarks or trademarks of their respective owner/manufacturer, which are not sponsors of, nor otherwise affiliated with this Promotion.
LIMITATIONS OF LIABILITY/RELEASE: To the maximum extent permitted by applicable law, entrants and winner(s) agree to release, indemnify, defend and hold harmless (“release”) Sponsor, all other Promotion Entities, their parents, affiliates, subsidiaries and divisions, and their respective entities, and each of their officers, employees, members, managers, shareholders, successors, assigns, contractors, agents, and representatives, and any Social Media Platform used to facilitate Entry (the “Released Parties”) from and against any and all threatened or actual claims, debts, demands, actions, causes of action, suits, proceedings, judgments, settlements (whether or not litigation is commenced), obligations, damages (including without limitation wrongful death, bodily or personal injury and disability), losses, accounts, reckonings, executions, liabilities, costs and expenses (including reasonable attorney’s fees), property damages and any other losses, penalties or fines whatsoever of any kind or nature, whether at law or in equity, known or unknown, asserted or unasserted, that entrant ever had, now have, or that may arise in the future (“Disputes”) asserted in, arising out of or based upon participation in the Promotion, the Entry (in whole or in part), any Promotion and/or prize-related activity or inability to participate in (parts thereof), the delivery, acceptance, use, misuse of a prize or any failure with respect thereto, personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory, any act, default, omission, noncompliance, and/or a violation or breach of any agreement, representation, warranty or covenant made herein, or any other agreements by/with entrant, the Promotion Entities, and/or any other party or entity. Further, to the maximum extent permitted by law, and without limiting the foregoing, entrants and winner(s) covenant not to sue any Released Party or cause them to be sued regarding any matter released herein, and further covenant not to disaffirm, limit or rescind these releases. A waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision. Any provision determined to be invalid shall be stricken to the extent of its invalidity and the remainder of these Rules shall remain in full force and effect.
In no event will the Released Parties be responsible or liable for any indirect, incidental, consequential or punitive damages arising directly or indirectly out of this Promotion, participation in Promotion and/or prize related activities, the use of the Entry in whole or in part, the use or misuse of a prize or any element thereof, or access to, and use of any participating Social Media Platform or website(s) or the downloading from and/or printing material downloaded from said site(s). Without limiting the foregoing, this Promotion is provided "AS IS” without warranty of any kind, either express or implied, including but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, and noninfringement.
PUBLICITY RELEASE: By entering and/or accepting a prize, entrants and winner(s) hereby consent, where lawful, to the use (but without obligation) by Sponsor (and their affiliated companies and their respective authorized representatives) of their name, Entry (including all content posted therein), and all information, image, photographs, videotape, likeness, hometown name, biographical information, voice, as well as any statements made by winner regarding the Promotion and/or Sponsor (provided they are true) for publicity, trade, advertising and promotional purposes in all media now known or hereafter developed worldwide, including but not limited to the Internet, Sponsor’s and unrelated third parties’ Social Media Platforms, mobile and digital devices, and World Wide Web, without additional compensation, and without the right of review, notification or approval.
GENERAL CONDITIONS: Neither Sponsor nor any of the Promotion Entities are responsible for lost, late, misdirected, incomplete, unintelligible, illegible, misdirected, undelivered, or stolen entries, or for lost, interrupted or unavailable satellite, network, server, devices, Internet Service Provider (ISP), website, Social Media Platform, or other connections availability, accessibility or traffic congestion, or miscommunications, or failed equipment, computer, network, telephone, satellite, cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or network, hardware or software malfunctions, failures or difficulties, incompatibility, or errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of any information, nor for the failure to capture any such information. Persons who are suspected of fraud, artifice, cheating, tampering with, or abusing any aspect of the Promotion or any element thereof, including but not limited to use of robotics, bots, malware, or other unauthorized devices or participation methods, as solely determined by Sponsor will be disqualified. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor is not responsible for injury or damage to entrants' or to any other person's computer or (mobile) device related to or resulting from participating in this Promotion or downloading or uploading materials from or use of any Social Media Platform or website. Should any portion of the Promotion be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes (similar or dissimilar) which, in the sole opinion of the Sponsor, corrupt or impair the Promotion or any element thereof including but not limited to its administration, security, fairness or proper play, or submission of entries or ability to notify a winner, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Promotion, or any element thereof and determine entrants and/or winner(s) from eligible entries received prior to the action taken, or as otherwise deemed fair by Sponsor in its absolute discretion. In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in any posts, comments, advertising, brochures, Promotion materials, announcements and/or any other information or communications by any person/entity in whatever media/medium relating to this Promotion or any element thereof, these Official Rules shall govern.
FORCE MAJEURE: Promotion Entities shall not be liable to entrants, winner(s) or any other person or entity for failure to execute the Promotion, or any element thereof or supply a prize, or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, cancellation or delay of any event, participating store closures, or any similar or dissimilar event beyond their reasonable control.
DISPUTES/ARBITRATION: Sponsor’s decisions are final and binding in all matters and disputes relating to this Promotion, including, but not limited to, interpretation and application of these Official Rules. For greater certainty, such matters and disputes are to be resolved in Sponsor’s sole discretion. By entering, to the fullest extent permitted by applicable law, entrants waive all rights to jury trial, class-action lawsuit, or class-wide arbitration in connection with these Official Rules, including, without limitation, the Promotion. To the fullest extent permitted by law, for any controversy or claim arising out of or relating to these Official Rules and/or the Promotion, entrants and Sponsor submit and consent to binding exclusive arbitration before a neutral one-person arbitration located in or closest to Vancouver, Washington. THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON WITHOUT REGARD TO CHOICE OF LAW OR CONFLICT OF LAWS DOCTRINES.
WINNER LIST: For the names of winner(s) of prizes over $25, contact Sponsor by sending an email to: email@example.com, with Papa Murphy’s “The Battle of the Pizzas Winner’s List Request” in the subject line, for receipt within two (2) business days after the end of the Promotion Period. Limit one request per person/household.
SPONSOR: Papa Murphy’s International LLC, 8000 NE Parkway Dr. #350, Vancouver, WA 98662.