Juan Pollo – TEXT-TO-WIN Sweepstakes (Official Rules)
NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE
Juan Pollo, Inc. (“Juan Pollo”) is giving participants in its TEXT-TO-WIN Sweepstakes (the “Sweepstakes”), a chance to win a $1,000 prepaid visa card and a Party Pak #3 menu order. This Sweepstakes is governed by these Sweepstakes Rules (“Rules”). Any individual who enters, attempts to enter or in any way participates or attempts to participate in the Sweepstakes (“Participant”) agrees to be bound by the terms and conditions provided in these Rules as well as by all interpretations of these Rules by Juan Pollo and by all other decisions of Juan Pollo which are final and binding in all matters relating to the Sweepstakes.
NO PURCHASE NECESSARY:
No purchase is necessary to enter or win a prize. A purchase will not improve your chances of winning.
APPLICABLE LAW (VOID WHERE PROHIBITED):
All Sweepstakes are subject to and governed by applicable federal, state and local laws and regulations. Participation in this Sweepstakes is void where prohibited or otherwise restricted by law.
SWEEPSTAKES CANCELLATION, SUSPENSION OR MODIFICATION:
Juan Pollo reserve the right to cancel, terminate, modify or suspend the Sweepstakes if it is not capable of being completed as planned for any reason, including, but not limited to, infection by computer virus, “bugs”, tampering, unauthorized intervention, fraud, or technical failures of any kind or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes. The decision of Juan Pollo to cancel, terminate, modify or suspend any Sweepstakes shall be final in all respects.
Geographical, Age and Parental Consent Requirements: The Sweepstakes is open to the legal United States residents of the state of California who live in the counties of Los Angeles, San Bernardino or Riverside and who are at least 18 years of age or older at time of entry. If the Participant has not reached the age of majority in the jurisdiction in which the Participant resides, they must obtain permission from their parent or legal guardian prior to entering the Sweepstakes. Juan Pollo reserves the right to refuse to award a prize to or on behalf of a minor.
Sweepstakes Entity and Immediate Family Member Ineligibility: The officers, directors, employees, contractors, franchisees (including the officers, directors and employees of franchisees) and agents of Juan Pollo, as well as their respective parents, affiliates, divisions, subsidiaries and successor companies (collectively the “Sweepstakes Entities”), and their immediate family members (and those living in the same household, whether or not related), are prohibited from participating in the Sweepstakes and do not qualify as Participants. “Immediate family members” shall include spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws”, or by current or past marriage, remarriage, adoption, co-habitation or other familial extension.
Employer Restrictions: Participant is solely responsible for reviewing and understanding Participant’s employer’s policies regarding Participant’s eligibility to participate in the Sweepstakes. Participant may be disqualified from entering into this Sweepstakes or receiving prizes if Participant is participating in this Sweepstakes in violation of their employer’s policies.
HOW TO ENTER:
The Sweepstakes begins on October 21, 2019 at 12:01 a.m. PST and ends on November 21, 2019 at 11:59 p.m. PST (the “Entry Period”). During the Entry Period, eligible Participants will be required to register by texting “GAME” to short code 28748. Only one entry is permitted per phone number, duplicate entries from the same phone number will not be counted. All Participants will receive a welcome message to confirm their entry. All Participants will be placed into a drawing where three (3) phone numbers from all Participants will be randomly chosen. Two Participants whose phone numbers are selected will be awarded the runner up prize of a Party Pak #3 menu order. One Participant whose phone number is selected will be awarded the grand price of a $1,000 prepaid visa card and a Party Pak #3 menu order.
Entries Are the Sole and Exclusive Property of Sponsors: All Sweepstakes entries and/or related submissions become the sole and exclusive property of Juan Pollo upon transmission. Sweepstakes entries will not be returned.
Promotional Texting Service: By entering into the Sweepstakes, Participant agrees to enter into Juan Pollo’s promotion texting service. This service will send text messages to the phone number used to enter into the Sweepstakes from time to time for Juan Pollo coupons, promotions and advertisements. Standard messaging and data rates may apply. Participant is free to opt out of the service at any time.
Disclaimer of Responsibility for Entries: Juan Pollo is not responsible for problems with Sweepstakes entries, including but not limited to, entries which are lost, late, misdirected, damaged, incomplete, illegible, or cannot be completed due to electronic or technical difficulties, even if the problem is the result of the sole or partial negligence of Juan Pollo.
False Fraudulent or Deceptive Entries or Acts: Participants who, in the view of Juan Pollo, provide false, fraudulent or deceptive entries or who engage in false, fraudulent or deceptive acts in connection with the Sweepstakes will be disqualified from the Sweepstakes and may be subject to criminal prosecution.
PARTICIPATION PROBLEM DISCLAIMER:
Even if alleged to be caused by the sole or partial negligence of Juan Pollo, Juan Pollo is not responsible for any problems which affect or result from participation or attempted participation in the Sweepstakes. This includes but, is not limited to, the following problems: (i) Incorrect, incomplete or inaccurate entry information; (ii) Human errors; (iii) Failures, omissions, interruptions, deletions or defects of any wireless network, telephone network, internet service, computer systems, servers, utility providers, or software; (iv) Inability to send a text-message; (v) Identity theft; (vi) Tampering, destruction or unauthorized access to, or alteration of, entries or computer data; (vii) Network hackers or other unauthorized access to Juan Pollo’s computer network; (viii) Data that is processed late or incorrectly or is incomplete or lost due to wireless network, telephone network, computer or electronic malfunction or traffic congestion on wireless or telephone networks; (ix) Printing errors; (x) Equipment malfunctions; and (xi) Late, misdirected, lost, misplaced, illegible, mutilated or postage-due entries.
Runner-Up Prize (Two Winners): Two selected Participants will receive a Party Pak #3 menu order (Retail Value: $350).
Grand Prize (One Winner): One selected Participant will receive a $1,000 prepaid visa card and a Party Pak #3 menu order (Retail Value: $1,350).
No transfer, assignment or substitution of a prize is permitted, except Juan Pollo reserve the right to substitute a prize for an item of equal or greater value for any reason. Any difference between the actual value and the approximate retail value of any prize will not be awarded.
The Participant prize-winners are solely responsible for determining and paying all federal, state and local taxes (including any sales taxes). Any person winning over $600 in prizes during any one year period will receive an IRS Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.
ODDS OF WINNING:
The odds of winning will depend on the number of eligible entries received.
Juan Pollo will randomly choose and announce the two runners up and the one grand prize winner on November 22, 2019 from all registered entries. Winner(s) will be notified by Juan Pollo via text message to the phone number used to enter the Sweepstakes within 24 hours of being randomly chosen.
HOW TO CLAIM A PRIZE:
Claiming the Prize: The Participant prize-winners will need to contact Juan Pollo during normal business hours to coordinate a date and time for delivery of their prize. The Party Pak 3 menu orders will be delivered to the runner up winners’ address at a mutually agreeable date and time. The grand prize winner’s Party Pak 3 menu order and $1,000 prepaid visa card will be delivered to his or her address by Cece from 93.5 KDAY Radio subject to her availability (the grand prize winner may be required to sign additional documents or release forms from KDAY Radio to secure Cece’s appearance). The delivery the Party Pak 3 menu items must be scheduled no later than February 7, 2020. Juan Pollo reserves the right to substitute the retail value of the Party Pak 3 menu order via a prepaid visa card if it is unable to deliver the food due to the distance of a winner’s address or for any other reason.
Prerequisites to Prize Award: Prior to being awarded a prize, winners are required to provide: (1) a valid government-issued photo identification depicting proof of age and (2) a valid taxpayer identification number or social security number. The social security number will be used for tax-reporting purposes. Juan Pollo reserve the right to deny awarding the prize if the winner fails to provide satisfactory identification, as determined in Juan Pollo’s’ sole discretion.
Winner(s) are required to execute an Affidavit of Eligibility, Release of Liability, Indemnification and Publicity Release Agreement and a completed IRS W-9 before any prize is awarded. By entering the Sweepstakes, Participant agrees to execute these documents if selected as a winner. Except where prohibited by law, failure to execute any of these documents or comply with any of these terms will result in forfeiture of the prize.
Prize Forfeiture: Any winner who fails to claim their prize by December 31, 2019 for any reason, or fails to schedule delivery of their Party Pak 3 menu order by February 7, 2020 will forfeit the prize. Juan Pollo reserves the right, in its sole discretion, to award unclaimed prizes to alternate Participants or not to award the unclaimed prizes.
Additional Costs: Any costs relating to the prizes are the sole responsibility of the winner.
WARRANTIES AND REPRESENTATIONS:
By entering and participating in the Sweepstakes, and in consideration thereof, each Participant individually warrants and represents to Sponsors that they: (i) meet the residency and age requirements at the time of entry; (ii) will be bound by these Rules, and by all applicable laws and regulations, and the decisions of Juan Pollo; and (iii) waive any rights to claim ambiguity with respect to these Rules.
RELEASE OF LIABILITY AND INDEMNIFICATION:
As consideration for entering the Sweepstakes, all Participants agree to RELEASE, DISCHARGE AND COVENANT NOT TO SUE Juan Pollo, Inc. and each of their respective direct and indirect affiliates, divisions, parent and subsidiary companies, officers, employees, shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the “Released Parties”), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Sweepstakes, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
Additionally, as consideration for entering the Sweepstakes, all Participants agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Sweepstakes or for their failure to comply with the terms of the above release provision. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
Furthermore, Participant expressly waives and relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of the State of California, and does so understanding and acknowledging the significance and consequence of such specific waiver of Section 1542. Section 1542 of the Civil Code of the State of California states:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
Thus, notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of the Released Parties, Participant expressly acknowledges that this release is intended to include, in its effect, without limitation, all claims which Participant does not know or suspect to exist in Participant’s favor at the time of execution hereof, and that this release contemplates the extinguishment of any such claim or claims. Participant acknowledges and agrees that this general release is specifically intended to be as broad and comprehensive as permitted by California law.
Unless prohibited by applicable law, Participant authorizes and irrevocably grants to Juan Pollo, Inc. and its subsidiaries and affiliates permission to, from time to time, reference and discuss Participant and their participation in the Sweepstakes on-air and/or on their website(s) in photographs, video recordings, digital images, audio recordings, as well as in publications, newsletters, news releases, other printed materials, and in materials made available on the Internet or in other media now known or hereafter developed for any purpose Juan Pollo, Inc. and its subsidiaries and affiliates deem proper. Such reference and discussion may involve Participant’s name and voice, and other personal/biographical material.
All Participants agree to be bound by these Rules. Non-compliance with any of these Rules will result in disqualification and all privileges as a Participant will be immediately terminated. Juan Pollo, in its sole discretion, further reserve the right to disqualify any person for: (i) tampering with the entry process or the operation of the Sweepstakes; (ii) gaining an unfair advantage in participating in the Sweepstakes; (iii) obtaining winner status using false, fraudulent or deceptive means; or (iv) engaging in otherwise unsportsmanlike, disruptive, annoying, harassing, or threatening behavior.
CAUTION: ANY ATTEMPT BY ANY PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF ANY SWEEPSTAKES, TELEPHONE SYSTEMS OR WEB SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF ANY SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
RULES CHANGES AND INTERPRETATIONS:
Juan Pollo reserve the right in its sole discretion to supplement or make changes to these Rules as well as the rules of any Sweepstakes at any time without notice. Juan Pollo reserve the right in its sole discretion to interpret the rules of this Sweepstakes, and such interpretation shall be binding upon all participants.
GOVERNING LAW AND JURISDICTION:
This Sweepstakes shall be governed by and construed in accordance with the laws of the State of California, without reference to its conflict of laws principles. By entering the Sweepstakes, Participants hereby submit to the jurisdiction and venue of the courts of San Bernardino, California and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum. In no event, will any Participant be entitled to injunctive relief or equitable relief of any kind, or restrain the continuation of any Sweepstakes.
GENERAL RULES/LIST OF WINNERS:
Copies of these Rules or a list of the Sweepstakes winners may be obtained by sending an email to firstname.lastname@example.org.