P.F.C. PIGGY BANK SWEEPSTAKES

OFFICIAL RULES

 

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

 

Promotion: The P.F.C. Piggy Bank Sweepstakes ("Sweepstakes") is sponsored by P.F. Chang’s China Bistro, Inc., 7676 E. Pinnacle Peak Road, Scottsdale, AZ 85255 (“Sponsor”). The Sweepstakes starts at 12:00:01 AM Mountain Standard Time (“MST”) on February 5, 2019 and ends at 11:59:59 PM CT on February 28, 2019 (“Sweepstakes Period”). All applicable federal, state and local rules apply. Void where prohibited. A day starts at 12:00:01 AM MST and ends at 11:59:59 PM MST each calendar day during the Sweepstakes Period (“Day”).

 

Who may enter: Sweepstakes open only to legal residents of the 50 United States and District of Columbia who are 18 years of age or older as of time of Entry who have a Twitter account. 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 theirimmediate families (spouse, parents, siblings and children) or households are not eligible to participate. Sweepstakes is subject to all applicable U.S. federal, state and local laws and regulations. Void where prohibited by law.

 

How to enter: There are four (4) “weekly” entry periods (“Weekly Entry Period(s)”) commencing at 12:00:01 AM MST and ending at 11:59:59 PM MST on the days set forth below:


    Weekly Entry Period 1: Tuesday February 5, 2019 through Sunday February 10, 2019


    Weekly Entry Period 2: Monday February 11, 2019 through Sunday February 17, 2019


    Weekly Entry Period 3: Monday February 18, 2019 through Sunday February 24, 2019


    Weekly Entry Period 4: Monday February 24, 2019 through Thursday February 28, 2019


During the Weekly Entry Periods by logging onto your Twitter account and following the links and instructions to become a follower of Sponsor’s page on Twitter, located at @PFChangs (“Sponsor’s Twitter Page”). Look for our Piggy Bank post on our Twitter feed (“Piggy Bank Image”) which will P.F. Chang’s China Bistro, Inc. Piggy Bank Sweepstakes Feb 2019 change each Weekly Entry Period and retweet the applicable ‘weekly’ Piggy Bank Image with the Required Hashtags #PFCPiggy Bank and #Sweepstakes (“Required Hashtags”) during the applicable Weekly Entry Period. Your tweet must include the Required Hashtags to be eligible. Limit of one Entry per Day per person/account.


You must be an active holder of a non-private Twitter account and be a follower of the @PFChangs (make sure your tweets are set to “public” and not “private”). If you do not have a Twitter account, you can create one for free by visiting www.twitter.com.


Duplicate Entries by the same person will be subject to disqualification. All terms and conditions of Twitter.com apply. Multiple entrants are not permitted to share the same Twitter account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Twitter accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any Twitter.com account, the authorized account holder of the email address used to register on the platform 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 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. Entering requires a mobile device and message and data rates 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. Each eligible PFC Piggy Bank Image retweeted with the Required Hashtags is an “Entry(ies”). Each person posting an Entry is an Entrant.

 

Requirements of Entries: By submitting your Entry using the Required Hashtags, you agree that it conforms to the guidelines and content restrictions below and that Sponsor, in its sole discretion, will disqualify you from the Sweepstakes if it believes your Entry fails to conform. Your Entry must comply with the following and by entering you represent and warrant and agree that:


    • The Entry you submit if it includes anything other than the PFC Piggy Bank Image does not infringe upon the rights of any third party or you have received prior permission/consent to use the Entry in accordance with these Official Rules;


    • The Entry does not include any other image other than the PFC Piggy Bank Image or if it does it 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 Entry complies with the terms and conditions of Twitter;


    • The Entry does not contain any third party copyrighted material, or prominent use of branded products, trademarks or logos other than the PFC Piggy Bank Image;


    • The Entry must not disparage Sponsor, or any other person or party affiliated with the Sweepstakes;


    • The Entry must not contain material that Sponsor deems to be inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;


    • The Entry must not contain material that Sponsor deems to promote bigotry, racism, P.F. Chang’s China Bistro, Inc. Piggy Bank Sweepstakes Feb 2019 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 Entry must not contain material that is unlawful, in violation of or contrary to any applicable laws or regulations.

 

License: Entrants retain ownership of the Entry 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 Entry 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 Entry, that all such postings or publication, if any, will be in Sponsor’s sole discretion and that the posting or publication of an Entry does not guarantee the Entry 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 rightsin the Entry.

 

Selection of Winner: One (1) weekly winner will be randomly selected from all Entries received during each Weekly Entry Period for a total of 4 winners. The Drawings will be held on or about February 11, 2019 for Entries received during Weekly Entry Period 1, February 18, 2019 for Entries received through Weekly Entry Period 2, February 25, 2019 for Entries received through Weekly Entry Period 3, and March 1, 2019 for Entries received through Weekly Entry Period 4. The odds of winning depend on the number of Entries received during the Weekly Entry Period.

 

Winner Notification. Potential winners will be notified by private message or tagged in a comment publicly on Twitter. (Note: in order to receive such private message, potential winner has to (a) be following @PFChangs and (b) may have to have his/her Tweet Privacy settings “unchecked”) and/or public tweet and tag notification directed at the potential winner. Potential winners will be required to email Sponsor within 5 calendar days to provide a mailing address to send the prize; otherwise the prize will be forfeited, and an alternative winner will be selected. Entry and acceptance of prize constitutes permission (except where prohibited by law) to use each winner's name, prize won, hometown and likeness for promotional purposes without further compensation.

 

Prizes: Four (4) weekly winners will each receive the PFC Piggy bank with a P.F. Chang’s $50.00 gift card that will be mailed to the winner from P.F. Chang’s China Bistro, Inc. Guest Services. Winners are responsible for all local, state and federal taxes and fees, if any. The terms and conditions of P.F. Chang’s China Bistro, Inc. gift card will apply. No substitution or cash alternative for prize is permitted, except in the sole discretion of the Sponsor.

 

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, Twitter, 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 P.F. Chang’s China Bistro, Inc. Piggy Bank Sweepstakes Feb 2019 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 action(s), regulation(s), order(s) or request(s) by any governmental or quasigovernmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) 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 P.F. Chang’s China Bistro, Inc. Piggy Bank Sweepstakes Feb 2019 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 state of Arizona. THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STAE OF ARIZONA 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 in Maricopa, Arizona. 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.

 

Winner’s list: For the names of the winners (which will be available within 30 days after the Sweepstakes ends), mail a self-addressed, envelope to: P.F. Chang’s China Bistro, Inc. Marketing, 7676 E. Pinnacle Peak Road, Scottsdale, AZ 85255 no later than 60 days after the Sweepstakes ends.

 

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.pfchangs.com/info/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 SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, TWITTER. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO TWITTER.