Home Run Inn®
The Backyard Grilling Sweepstakes – Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
BY ENTERING OR PARTICIPATING IN THE SWEEPSTAKES, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES, WHICH CONSTITUTE A CONTRACT, SO READ THEM CAREFULLY. WITHOUT LIMITATION, THIS CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO THE SWEEPSTAKES PARTIES FROM YOU, REQUIRES MANDATORY ARBITRATION OF DISPUTES AND PROVIDES FOR A LIMITATION OF YOUR LEGAL RIGHTS AND REMEDIES. IF YOU DO NOT AGREE WITH THE TERMS OF THIS CONTRACT, DO NOT ENTER OR PARTICIPATE IN THE SWEEPSTAKES.
1. Introduction. The Backyard Grilling Sweepstakes (the “Sweepstakes”) is sponsored by Home Run Inn, Inc. (the “Sponsor”). The Sponsor’s principal place of business is located at 1300 Internationale Parkway, Woodridge, IL 60517. The Sweepstakes is governed by these Official Rules (the “Official Rules”). Participation in the Sweepstakes constitutes the entrant’s full and unconditional agreement to, and acceptance of, these Official Rules and the decisions of the Sponsor (including the Sponsor’s interpretation and application of these Official Rules), which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules in a timely manner.
2. Eligibility. To be eligible for the Sweepstakes you must be an individual who, at the time of entry into the Sweepstakes, (a) is a legal resident of one of the fifty (50) United States (including the District of Columbia) excluding the State of Rhode Island, (b) is at least the age of majority in your state of residency, (c) is physically located in one of the fifty (50) United States excluding the State of Rhode Island, and (d) has access to the internet and a valid e-mail address. Officers, directors, employees and affiliates of the Sponsor and Power Play Distributors, LLC and the immediate family members of each and/or those living in the same household (whether legally related or not) of each such officer, director, employee or affiliate are not eligible to enter or win the Sweepstakes. An “ immediate family member” is defined to mean a spouse, parent, grandparent, child or sibling of the applicable person. Entries submitted by or on behalf of entrants who do not meet the eligibility requirements are void. All federal, state, and local laws and regulations apply. The Sweepstakes is void where prohibited by law.
3. Sweepstakes Period. The Sweepstakes begins at 12:01 a.m. Central Time on May 15, 2017 and ends at 11:59 p.m. Central Time on September 3, 2017 (such period of time is the “ Sweepstakes Period”).
4. How to Enter. You may enter the Sweepstakes by the following means:
a. Entry Code Method of Entry. During the Sweepstakes Period, (i) purchase, while supplies last, from any authorized and participating Home Run Inn retailer any variety or topping of any “family-sized” Home Run Inn frozen pizza including any Classic, Signature, or Ultra-Thin pizza, (ii) open the cardboard box, remove the plastic-wrapped pizza and locate the sticker (containing a 7-digit code) affixed on top of the plastic-wrapped frozen pizza, (iii) navigate the internet to www.homeruninnmoments.com (the “Website”), (iv) where indicated, enter the 7-digit code (the “Entry Code”) printed on the sticker and complete the remaining portions of the entry form (by providing your legal name, mailing address, telephone number and e-mail address), and (v) click the “Submit” button. You will receive one (1) entry into the Sweepstakes per Entry Code submitted via the Website as described above. Each Entry Code may only be submitted one (1) time. Only entries actually received by the Sponsor during the Sweepstakes Period are eligible. The Website database clock will be the official timekeeper for the receipt of entries into the Sweepstakes.
b. Alternative Method of Entry. To enter the Sweepstakes without making a purchase, during the Sweepstakes Period, (i) navigate the internet to the Website, (ii) click the “Need Entry Code” link, (iii) where indicated, complete the entry form by providing your legal name, mailing address, telephone number and e-mail address, and (iv) click the “Submit” button. You will receive one (1) entry into the Sweepstakes submitted via the Website as described above. Only entries actually received by the Sponsor during the Sweepstakes Period are eligible. The Website database clock will be the official timekeeper for the receipt of entries into the Sweepstakes.
Any entries that are incomplete, illegible, corrupted, damaged, destroyed, false, lost, late, misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified, at the Sponsor’s sole and absolute discretion. Limit one (1) entry into the Sweepstakes per person per day. Attempts made by the same individual to submit more than the stated number of permitted entries into the Sweepstakes by using multiple or different e-mails, addresses, accounts, or otherwise may be disqualified. Entries generated by a script, computer program, robot, macro, or other automated means are void and may be disqualified.
5. Winner Selection; Notification. The potential winner of the Sweepstakes will be selected by a random drawing from all eligible entries received in accordance with the Official Rules. The drawing will take place at the Sponsor’s office on September 7, 2017 (the “Drawing Date ”). The drawing will be conducted by a representative of the Sponsor.
If you are the potential winner in the Sweepstakes, you will be notified by the Sponsor, within seven (7) business days following the Drawing Date, via e-mail at the e-mail address associated with the potential winner’s entry into the Sweepstakes. To claim a prize, the potential winner must reply to the Sponsor within five (5) business days of such notification. If the potential winner does not respond to the Sponsor’s prize notification e-mail within five (5) business days, or if the notification is rejected, faulty, unclaimed or returned undeliverable (for any reason whatsoever) to such potential winner, the potential winner may be deemed to have forfeited the prize, and the Sponsor will have the sole and absolute discretion to select, by random drawing, another potential winner from the remaining eligible entries in the Sweepstakes.
Before awarding a prize, the Sponsor may require the potential winner to furnish proof of identification and other proof of eligibility under the Official Rules and execute and return documentation such as an affidavit of eligibility, a publicity release, a release of liability, a tax acknowledgement form, and other documents, each within the period of time specified by the Sponsor. If a potential winner is found to be ineligible to participate in the Sweepstakes, or is found to be in violation of the Official Rules, or fails or refuses to execute and return any documentation required by the Sponsor within the time period specified, or declines a prize for any reason, such potential winner may be deemed to have forfeited the prize, and the Sponsor will have the sole and absolute discretion to select, by random drawing, another potential winner from the remaining eligible entries in the Sweepstakes.
If, for any reason, more than one person claims to be the bona fide winner of a particular prize, or more prizes are claimed than are intended to be awarded in the Sweepstakes, the Sponsor may, by a random drawing among all persons making purportedly valid claims for such prize(s), determine the winner of the prize. Inclusion in such random drawing shall be each entrant’s sole and exclusive remedy under such circumstances. In no event will more than the stated number of prizes for the Sweepstakes be awarded.
The prize will be shipped by the Sponsor to the winner via U.S. Mail or other courier (e.g., Federal Express or United Parcel Service) selected by the Sponsor. Winners will be responsible for providing or confirming a valid U.S. shipping address prior to their prize being shipped. Once a prize is shipped, the Sponsor is not responsible for any prize that is lost, stolen, mutilated, destroyed, misdirected, or undelivered for any reason.
6. Prize. One (1) prize will be awarded in the Sweepstakes. The prize will be $5,000 (awarded in the form of a check payable to the winner from the Sponsor). The prize is non-transferable and non-assignable. If the prize is unclaimed, it will be forfeited. If legitimately claimed, the prize will be awarded.
7. Odds of Winning. Odds of winning will depend upon the total number of eligible entries received for the Sweepstakes.
8. Taxes, Fees and Expenses. The prize winner will be solely responsible for paying all federal, state and local taxes related to the prize. The actual value of the prize awarded to a winner may be reported for tax purposes as required by law. A winner may be required to submit his/her social security number or tax payer ID to the Sponsor in order to claim a prize. An IRS Form 1099 may be issued in the name of a winner. If a winner does not provide his/her social security number or tax payer ID as requested by the Sponsor, the winner will no longer be eligible to receive the prize and the prize will be forfeited.
9. Publicity Release. Subject to applicable law, the winner irrevocably grants to the Sponsor and its officers, managers, owners, employees, owners, agents, affiliates, and representatives (the “Sweepstakes Parties”) the right and permission to use his/her name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manners and on and in connection with related products, services, advertising and promotional materials, worldwide, in perpetuity, without any consideration, royalty, obligation or notice, except the awarding of the prize to the winner.
11. Tampering with Sweepstakes. The Sweepstakes Parties are not responsible for the actions of entrants in connection with the Sweepstakes, including, without limitation, any entrant’s attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of the Sweepstakes, or whom the Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the sole and absolute discretion of the Sponsor, may result in immediate disqualification of any entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes of the Sponsor. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. The Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of the Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
12. Suspension, Modification or Termination of Sweepstakes. The Sponsor further reserves the right to, in its sole and absolute discretion, modify, suspend, or terminate the Sweepstakes and rescind any prize if, in the Sponsor’s sole and absolute discretion, it determines that the Sweepstakes cannot be operated as planned, the rules or the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not an entrant in the Sweepstakes, there are technical difficulties or other failures, there is a fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s control. The Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Sweepstakes should causes beyond the Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (b) to disqualify any entrant found to be, or suspected of: (1) tampering with the entry process or the operation of the Sweepstakes; (2) acting in violation of the Official Rules; or (3) acting in an un-sportsmanlike manner.
13. Disclaimers and Releases . By participating in the Sweepstakes, entrants agree to release, discharge and hold harmless the Sweepstakes Parties from and against any and all claims, liabilities, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Sweepstakes and/or related to any prize (including, without limitation, losses, damages or injuries to entrants’ or any other person’s equipment or other property, or to their persons, related to participation in the Sweepstakes; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human, computer or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize).
Without limiting the generality of the foregoing, entrants agree that the Sweepstakes Parties: (a) have neither made nor will be in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to any prize, including, without limitation, to any prize’s quality, merchantability, or fitness for a particular purpose; and (b) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Sweepstakes Parties, and (2) by any cause, condition or event whatsoever beyond the control of the Sweepstakes Parties.
Entrants agree that the Sweepstakes Parties shall have no responsibility or liability for any human error; any illegible, lost, late, incomplete, misdirected, or undeliverable e-mail or entries; any incorrect or inaccurate transcription of subscriptions, registrations, entries and/or account information; any technical malfunctions of any computer, telephone, cable, satellite, internet or electronic network, hardware or software, computer online system, computer dating mechanism, computer equipment, or Internet service provider utilized by the Sponsor or any entrant; interruption or inability to access the Internet, the Website, or any online service via the Internet due to hardware or software compatibility problems, traffic congestion, or availability problems; any damage to an entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes or access to the Website; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Sweepstakes Parties.
Each entrant further agrees to defend, indemnify and hold harmless the Sweepstakes Parties from and against any and all liability resulting or arising from the Sweepstakes or the award of any prizes, and to release all rights to bring any claim, action or proceeding against the Sweepstakes Parties and hereby acknowledges that the Sweepstakes Parties 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 . The Sponsor is not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“ Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
14. Governing Law. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules or the rights and obligations of entrants, the Sponsor or the Sweepstakes Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
15. LIMITATION OF LIABILITY. BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
16. Dispute Resolution and No Class Relief . Except with respect to the protection and enforcement of the intellectual property rights of the Sweepstakes Parties and their rights to seek and/or obtain injunctive or equitable relief, any claim, cause of action or proceeding arising out of or relating to the Official Rules or the Sweepstakes shall be resolved by mandatory, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes. The arbitration shall be conducted in Chicago, Illinois, and the Federal Arbitration Act, and not any state law concerning arbitration, shall apply. The arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an action in court to confirm and to enforce the arbitration award.
Any such action, or any claim, cause of action or proceeding not subject to arbitration as set forth in this Section, shall be filed and adjudicated in a state or federal court in Cook County, Illinois, and all parties agree to submit to the personal jurisdiction of those courts. Entrants irrevocably waive any rights to seek and/or obtain injunctive or other equitable relief and any defense of forum non conveniens. Should either party pursue any other judicial or administrative action with respect to any matter included within the scope of this binding arbitration provision, the responding party will be entitled to recover its costs, expenses and attorneys’ fees incurred as a result of such action. Further, any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes, or any prize awarded, will be resolved individually, without resort to any form of class action.
17. Social Media Disclaimer. Although the Sweepstakes may be advertised on the Sponsor’s Facebook page, Twitter page or other social media page, the Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with, Facebook, Twitter or such other social media provider. Entrants into the Sweepstake are providing their information to the Sponsor and not to Facebook, Twitter or other social media provider. The information an entrant provides will only be used by the Sponsor. By entering the Sweepstakes, entrants provide a complete release of Facebook, Twitter and any other social media provider used by Sponsor from any and all responsibilities implied or provided by the Sponsor and acknowledge that the Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or other social media provider.
18. E-mail Accounts. If there is a dispute concerning the identity of an entrant, only the entry of the authorized subscriber of the e-mail account used to enter the Sweepstakes at the actual time of entry will be deemed to be the entrant. The authorized account subscriber is the natural person who is assigned an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domains associated with the submitted e-mail address.
19. Winners’ List. You may obtain a list of winners of the Sweepstakes by sending a self-addressed, stamped envelope (Vermont residents may omit return postage) to the Sponsor at: Home Run Inn, Inc., Attn: Sweepstakes Winners’ List for The Backyard Grilling Sweepstakes, 1300 Internationale Parkway, Woodridge, IL 60517. Winners’ list requests will only be accepted after the end of the Sweepstakes Period and requests must be received within 90 days of the Drawing Date.
20. Miscellaneous. If any provision of the Official Rules is determined to be invalid, unenforceable or illegal by a court or other tribunal of competent jurisdiction, the other provisions of the Official Rules shall remain in effect and be construed in accordance with the terms as if the invalid, unenforceable or illegal provision was not contained herein.
21. Conflict. In the event of any conflict with any details in the Official Rules and details contained on the Website, the details in the Official Rules shall prevail.
22. Sponsor. Home Run Inn, Inc., 1300 Internationale Parkway, Woodridge, IL 60517.
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