PAPA GINO’S HOW DO YOU PAPA GINO’S

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

Promotion:  Papa Gino’s Inc. 600 Providence Highway, Dedham, MA 02026 (“Sponsor”) hosts multiple sweepstakes (“Sweepstakes”). Each Sweepstakes is separate and the details for the entry dates and prizes for each Sweepstakes will be listed on applicable Sweepstakes Advertisements (“Sweepstakes Ad”). These Official Rules apply to all our Sweepstakes, in addition to the entry period and prizes that may also apply to an individual Sweepstakes which will be provided on or accessible from the applicable Sweepstakes Landing Page and which are incorporated herein by reference. All applicable federal, state and local rules apply. Void where prohibited.

Who may enter:  Sweepstakes open only to legal residents of MA, RI, NH, and CTs who are 18 years of age or older as of time of Entry (unless stated otherwise on the Sweepstakes Ad). Employees, officers, and directors of Sponsor, and its parent companies, affiliates, subsidiaries, and any and all other companies associated with this Sweepstakes (“Sweepstakes Entities”), and members of their immediate families (spouse, parents, siblings and children) or households are not eligible to participate.

How to enter:

Visit HowDoYouPapaGinos.com to upload a relevant photo or video and furnish the required entry information. You may submit as many entries during the Sweepstakes Promotion period as desired.

If you choose to enter using your mobile device, standard data fees may apply. You should consult your wireless service provider’s pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. You should also check your device’s features for capabilities and check the device manual for specific use instructions.

Duplicate Entries by the same person will be subject to disqualification. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder. Entries generated by script, macro or other automated or mechanical means are void. In the event of a dispute, regarding any Entry, Sponsor reserves the right to disqualify Entrant from the Sweepstakes. Each eligible Submission is an “Entry(ies”). Each person posting a Submission is an Entrant.

Requirements of Entries:  All entry information, captions, photos, and posts shall be collectively referred to herein as the “Submission(s).” By entering a Sweepstakes, each Entrant agrees that Entrant’s Submission conforms to the requirements below (“Requirements”) and that Sponsor, in its sole discretion, may remove any Submission and disqualify an Entrant or Submission from any Sweepstakes if it believes, in its sole discretion, that the Entrant’s Submission fails to conform to the Requirements below.

• By entering, each Entrant warrants and represents the following with respect to Entrant’s Submission: (a) Entrant is the sole and exclusive owner of the Submission; (b) the Submission will not infringe on any rights of any third parties; and (c) any third parties appearing in the Submission have given Entrant appropriate consent to be photographed or recorded and used as permitted herein. Sponsor reserves the right to request releases from any third parties appearing in any Submissions at any time. Failure to produce third party releases upon Sponsor’s request may result in disqualification, as determined by Sponsor is its sole and absolute discretion.
• The Submission does not infringe upon the rights of any third party or you have received prior permission/consent to use the Submission in accordance with these Official Rules;
• The Submission does not identify any recognizable person for whom you have not received permission to post in this Sweepstakes and does not depict an image of any minor unless you are that minor’s parent or legal guardian;
• The Submission complies with the terms and conditions of the applicable social media platform for Submission identified on the Sweepstakes Ad;
• The Submission does not contain any third party copyrighted material;
• The Submission does not contain any prominent use of branded products, trademarks or logos unless otherwise instructed in the instructions in the Sweepstakes Ad;
• The Submission must not disparage Sponsor, or any other person or party affiliated with the Sweepstakes;
• The Submission must not contain material that Sponsor deems to be inappropriate; indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
• The Submission must not contain material that Sponsor deems to promote bigotry, racism, hatred or harm against any group or individual or to promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
• The Submission must not contain material that is unlawful, in violation of or contrary to any applicable laws or regulations.

License:  Entrants retain ownership of the Submission they submit, however, by entering you grant Sponsor and any organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion of the Sweepstakes, the perpetual, fully-paid, irrevocable, non-exclusive license to reproduce, prepare derivate works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, otherwise use, and permit others to use and perform throughout the world the Submission in any manner, form, or format now or hereinafter created, including on the internet, and for any purpose, including, but not limited to, advertising or promotion of Sponsor and the Sweepstakes all without further consent from or payment to you or any persons. The Entries may be published and posted online but you agree that Sponsor has no obligation to post or publish your Submission, that all such postings or publication, if any, will be in Sponsor’s sole discretion and that the posting or publication of a Submission does not guarantee the Submission is a winner. You will hold harmless Sponsor, its officers, directors, employees, divisions, affiliates, subsidiaries, advertising, and promotional agencies, from any claim by any third party relating to any rights in the Submission.

Selection of Winner: The number of winners identified on the Sweepstakes Ad will be randomly selected from all Entries received during each of the applicable Entry Periods for each Sweepstakes. The Drawings will be held on or about the day after the end of the applicable Entry Period. The odds of winning depend on the number of Entries received during the applicable Entry Period.

Winner Notification.

Potential winners will be notified by Sponsor via email. Potential winner(s) will be required to email Sponsor within 5 calendar days in order to claim their prize. No liability is assumed for any winner notification that is lost, intercepted, or not received by a potential winner for any reason. If a potential winner does not respond to the winner notification, or if an Entrant is otherwise found to be ineligible, does not provide required information or if the selected winner cannot accept or receive the prize for any reason, the potential prize winner will forfeit the prize and an alternate winner will be selected from among the remaining eligible Entries time permitting. There will be up to 3 alternate drawings after which the applicable prize will remain un-awarded. The Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate winner based on time considerations.

Conditions: Entrants on their behalf, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), release, defend and hold harmless the Sweepstakes Entities, Facebook, Instagram, and their respective employees, officers, directors and agents (“Released Parties”), from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights, any property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience or irregularity, and any indirect, incidental, consequential, special, punitive or exemplary damages of any kind (even if the parties have been advised of the possibility of such loss or damages), costs and expenses (including, without limitation, outside attorneys’ fees) that may arise in connection with: (a) the Sweepstakes , including but not limited to any Sweepstakes-related activity or element thereof, and the Entrant’s Entry, participation or inability to participate in the Sweepstakes or use or misuse of any prize, (b) the violation of any third party privacy, personal, publicity or proprietary rights, (c) typographical errors in these Official Rules or any Sweepstakes materials, (d) acceptance, receipt, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability, business or creative considerations, or due to reasons beyond Sponsor’s control, including but not limited to by reason of any acts of God, any actions, regulations, orders or requests by any governmental or quasi-governmental entity (whether or not such actions, regulations, orders or requests proves to be invalid), equipment failure, threatened or actual terrorist acts, 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, or any other cause beyond any of the Sweepstakes Entities’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the Sweepstakes , (g) human error, (h) the failure of any third party to comply with the instructions and proper administration of this Sweepstakes  (i) incorrect or inaccurate transcription, receipt or transmission of any part of the Entry (including, without limitation, the information or any parts thereof), (j) any technical malfunctions or unavailability of any website, app, social media platform or any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Sweepstakes Entities or by an Entrant, (k) interruption or inability to access the Sweepstakes, any website, app, social media platform or any online service via the Internet due to hardware or software compatibility problems, (l) any damage to Entrant’s (or any third person’s) hardware and/or its contents related to or resulting from any part of the Sweepstakes, (m) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (n) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entries, (o) any wrongful, negligent, or unauthorized act or omission on the part of any of Sponsor, or any of its agents or employees, (p) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), (q) the collection, use and/or sharing of Entrant’s personally identifiable information by Sponsor or its designees, or (r) the negligence or willful misconduct by Entrant. Sponsor reserves the right to permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these Official Rules and terminate the Sweepstakes if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes), or to select the finalist or winner from among all eligible Entries received prior to termination. If Sponsor at any time receives a complaint (including but not limited to a cease and desist letter, general letter of complaint etc.) alleging intellectual property infringement or any other violation of any third party right pertaining to any element of an Entry, Sponsor reserves the right to disqualify the Entry. By participating, Entrant acknowledges that Sponsor, does not waive any rights to use similar or related ideas that might be contained in an Entry which is otherwise not protected by law or was previously known to Sponsor or developed by their respective employees, or obtained from sources other than the Entrant. If fewer qualified Entries are received than the stated number of winners, Sponsor may name a fewer number of winners or cancel the Sweepstakes in its sole discretion.

Disputes; Governing Law.  The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the Commonwealth of Massachusetts. THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located within the Commonwealth of Massachusetts. The parties agree not to raise the defense of forum non conveniens.

Limitation of Liability; Disclaimer of Warranties.  IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO AND/OR USE OF ANY SITES OR APPS ASSOCIATED WITH THE SWEEPSTAKES AND/OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY SITES OR APPS ASSOCIATED WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES, INCLUDING ATTORNEY FEES TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF ANY SUCH PROVISION.

Privacy: All information submitted by you as part of this Sweepstakes will be treated in accordance with Twitter’s privacy policy as well as Sponsor’s Privacy Policy (accessible from https://www.papaginos.com/privacy). By participating in this Sweepstakes, Entrants acknowledge and agree that all information and material, including any personal information provided in your Entry materials, will be shared with Sponsor’s agents, representatives, and other third parties involved in the execution, administration, or hosting of this Sweepstakes , and may be further publicized as described above. In the event of any conflict between these Official Rules and the terms of Sponsor’s Privacy Policy, these Official Rules shall govern.

 

THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK OR INSTAGRAM. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO THE AFORMENTIONED ORGANIZATIONS.