Loading...

The browser you are using may not be supported by this website. Click here for a list of supported browsers.


P.F. CHANG’S LUNAR NEW YEAR PROMOTION

OFFICIAL OFFER TERMS (“Offer Terms”)

 

TO BE ELIGIBLE TO PARTICIPATE IN THE PROMOTION, YOU MUST LIVE IN THE UNITED STATES OF AMERICA AND MUST SATISFY THE OTHER ELIGIBILITY REQUIREMENTS SET FORTH BELOW.

 

BY PARTICIPATING IN THIS PROMOTION, YOU AGREE TO THESE OFFER TERMS

 

 

1) Promotion Entry Period: The P.F. Chang’s Lunar New Year Promotion (the “Promotion”) begins at approximately 10am Eastern Time (ET) on January 13, 2020 and ends at 9pm ET on February 7, 2020 (“Promotion Period”).

 

2) Eligibility: To participate, you must be a legal resident of the fifty (50) United States, excluding Florida, or the District of Columbia (“Territory”) and be 18 years of age or older (each, a “Participant”). Employees, officers, directors and agents of P.F. Chang’s China Bistro, Inc. (“P.F. Chang’s”), Fooji, Inc. (“Administrator”), any other company involved in the presentation, administration or fulfillment of the Promotion, and their respective subsidiaries, affiliated companies, and divisions (collectively, the “Promotion Entities”) and each of their immediate family members (defined as any spouse, partner, parent, legal guardian, sibling, child, legal ward, grandparent, or grandchild, regardless of where they reside) and/or those living in the same household of any such person (whether or not related) are not eligible for the Promotion. Void outside the Territory and in Puerto Rico and where prohibited or restricted by law.

 

3) How To Participate in the Promotion: At approximately 10am ET on January 13, 2020, the beginning of the Promotion Period, P.F. Chang’s will tweet a call to action from the @PFChangs Twitter handle (the “CTA Tweet”). As soon as the CTA Tweet is issued, Participants can send a public @reply to @PFChangs on Twitter with the hashtags #PFCLightUpALife and #Giveaway (“Required Hashtags”) (each, a “Participation Tweet”). If the Promotion is still ongoing, you will receive a link tweeted back to you that directs you to the online registration form. You must fully complete the registration form by providing your name, physical address, email address, and phone number and submit to Administrator a completed registration form for its receipt. Participation Tweet(s) may be referred to herein as “Participation Tweet(s).”


A maximum of one (1) Prize (as defined herein) may be provided per person, per Twitter account and per household in connection with this Promotion.


P.F. Chang’s and/or Administrator may, in its sole discretion, accept or reject any purported Participation Tweet that does not include the Required Hashtags. Purported Participation Tweets that are incorrect or incomplete, received outside the applicable Promotion Period, or that contain obscene, offensive, or any other language communicating messages inconsistent with the positive images with which P.F. Chang’s and/or Administrator wishes to associate itself (all as determined by P.F. Chang’s and/or Administrator in its sole discretion) will be void and disqualified. P.F. Chang’s and/or Administrator are not responsible for misspellings, typographical errors, or other issues that may affect the ability to locate or record a purported Participation Tweet.


Due to the way Twitter operates its service, Administrator may not be able to view or record purported Participation Tweets, receive or send communications, or otherwise detect participation from or interact with potential Participants who have Twitter account settings that make their updates, comments, posts or communications private, protected, or otherwise limited, in which case any such purported Participant will be disqualified. Each Participation Tweet and registration form entry (if applicable) must be manually key stroked and manually entered by the individual Participant; automated and/or repetitive submission of Participation Tweets or registration forms (including but not limited to entries made using any script, macro, bot or sweepstakes service) will be disqualified.


This Promotion is in no way sponsored, endorsed, or administered by or associated with Twitter, Inc.


4) Prizes: Three (3) prizes will be awarded to three (3) prize recipients and each prize recipient will receive the granting of a “wish” (each a “Prize” and collectively “Prizes”). All federal, state and local taxes and all other expenses not expressly listed in these Offer Terms are the sole responsibility of the prize recipient. Prize is nontransferable and may not be substituted or redeemed for cash by prize recipient. P.F. Chang’s reserves the right to substitute the Prize for one of equal or greater value. Prize type(s) and components will be selected by P.F. Chang’s or its representatives in its/their sole discretion. Actual retail value of the Prize(s) may vary, including variations based on the Participants’ location. Approximate retail value of each Prize is up to twenty thousand dollars ($20,000) USD. Total ARV of all Prizes available in this Promotion: up to sixty thousand dollars ($60,000) USD.


5) Prize Recipient Selection: Odds of winning a Prize in this Promotion depend on the number of Participants and your timing of participation in relation to other Participant’s participation. Administrator will be the official time keeper for the Promotion and will make all decisions regarding the timing of entries and the order in which they are received will be final and binding. Subject to compliance with these Offer Terms, three (3) eligible and verified Participants in the United States, who tweet a qualifying Participation Tweet and to complete the registration process, which is received by P.F. Chang’s during the Promotion Period will qualify to receive a Prize, and the Participants selected as prize recipients are limited to one (1) Prize per person, per Twitter account, and per delivery address during the Promotion Period. The number of available Prizes may, but are not obligated to be periodically communicated throughout the Promotion via tweets from P.F. Chang’s @PFChangs handle. Prizes will be facilitated through Administrator’s emoji-based ordering system on Twitter. Local merchants that participate in the Fulfillment Partner network may provide fulfillment and delivery of the Prize(s). Prize availability may vary and is not guaranteed in all areas. Except as determined by P.F. Chang’s in its sole discretion, no substitution of any Prize is offered, no transfer of Prize to a third party is permitted, and non-cash Prize(s) may not be redeemed for cash value. AS SET FORTH ABOVE, YOU MUST RESIDE IN A LOCATION SERVICED BY FULFILLMENT PARTNER IN ORDER TO BE ELIGIBLE TO PARTICIPATE IN THIS PROMOTION AND WIN A PRIZE. Prize(s) will be awarded and delivered only to addresses within the United States that are serviced by Fulfillment Partner. Verified Prize recipient(s) will be solely responsible for all applicable federal, state and local taxes on Prize(s) and may receive an IRS Form 1099 for the retail value of the Prize and must provide P.F. Chang’s with a valid social security number if requested for tax reporting purposes. All expenses associated with the receipt and use of a Prize not specifically mentioned herein are solely the responsibility of the prize recipient. P.F. Chang’s is not responsible for any delay or cancellation of the Prize delivery due to unforeseen circumstances, or those outside of P.F. Chang’s control. If the fulfilling merchant cancels the order for reasons out of P.F. Chang’s control, the Prize will not be delivered, and no additional compensation will be provided. Potential prize recipients are subject to verification and may be required to sign and return to P.F. Chang’s for its receipt within three (3) business days an Affidavit of Eligibility/ Liability Release with (where lawful) a publicity release for receipt by P.F. Chang’s by the due date indicated in the notification message. If any required documents are not timely received by P.F. Chang’s, or if any message or mail intended for a prize recipient is returned as undeliverable, then the applicable Prize may be forfeited.


6) General Rules / Limitations of Liability: By participating in the Promotion, Participants agree to be bound by these Offer Terms and the decisions of P.F. Chang’s China Bistro, Inc. and the Administrator which shall be final in all respects. In the event there is a discrepancy or inconsistency between disclosures or other statements (in any and all media) contained in any Promotion materials and these Offer Terms, these Offer Terms shall prevail, govern and control. P.F. Chang’s and Administrator and the other Promotion Entities assume no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Promotion; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers, software or providers utilized in any aspect of the operation of the Promotion; (d) inaccessibility or unavailability of the Internet or the Twitter platform or any combination thereof, or; (e) any injury or damage to Participant's or to any other person's computer which may be related to or resulting from any attempt to participate in the Promotion. P.F. Chang’s and Administrator reserve the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the operation of the Promotion; violates these Offer Terms; is suspected of cheating, fraud, or acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any Participant who uses or is suspected of using cheating, fraudulent means, unauthorized ordering methods, or otherwise attempts to participate multiple times, or with multiple identities, Twitter accounts, and/or addresses will be disqualified. Any attempt by any person to undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, P.F. Chang’s and Administrator reserve the right to seek damages from any such person to the fullest extent permitted by law. P.F. Chang’s and Administrator’s failure to enforce any term of these Offer Terms shall not constitute a waiver of that or any other provision. If, for any reason, the Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, changes to Twitter that are not acceptable to P.F. Chang’s and Administrator, or any other causes beyond the control of P.F. Chang’s and Administrator which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, then P.F. Chang’s and Administrator reserves the right in its sole discretion to cancel, modify, suspend or terminate the Promotion in whole or in part. TO THE FULLEST EXTENT PERMITTED BY LAW, AS A CONDITION OF ENTRY INTO THE PROMOTION, ALL PARTICIPANTS AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS P.F. CHANG’S CHINA BISTRO, INC., ADMINISTRATOR, AND OTHER PROMOTION ENTITIES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS OR ACTIONS OF ANY KIND WHATSOEVER FOR INJURIES, DAMAGES, OR LOSSES TO PERSONS OR PROPERTY WHICH MAY BE SUSTAINED IN CONNECTION WITH: PARTICIPATING IN ANY ASPECT OF THE PROMOTION; THE RECEIPT, OWNERSHIP OR USE OF ANY ITEM PROVIDED; PARTICIPATING IN PROMOTION-RELATED ACTIVITY, OR; ANY TYPOGRAPHICAL OR OTHER ERROR IN THESE TERMS OR ANY CTA TWEETS OR OTHER ANNOUNCEMENTS RELATING TO THE PROMOTION. THE RECIPIENTS SHALL BEAR ALL RISK OF LOSS OR DAMAGE TO THEIR ITEMS AFTER THEY HAVE BEEN DELIVERED. P.F. CHANG’S CHINA BISTRO, INC., ADMINISTRATOR, AND THE OTHER PROMOTION ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE APPEARANCE, SAFETY OR PERFORMANCE OF ANY ITEM PROVIDED AS PART OF THIS PROMOTION.


BY ENTERING THE PROMOTION, PARTICIPANT AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY ITEMS PROVIDED WILL BE LIMITED TO ACTUAL, 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; AND (2) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT 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. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.


Without limiting any other provision in these Offer Terms, the Promotion Entities are not responsible or liable to any Participant or recipient (or any person claiming through such Participant or recipient) for failure to supply any item or any part thereof in the event that any of the Promotion activities or Promotion Entities’ operations or activities are affected by any cause or event beyond the sole and reasonable control of the applicable Promotion Entity (as determined by P.F. Chang’s and Administrator in its sole discretion), including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.


7) Food Allergy Notice: By entering the Promotion, each Participant acknowledges and agrees that any food-related Prize(s) offered in the Promotion may contain milk, eggs, wheat, soybean, peanuts, and tree nuts. Participants agree that the Promotion Entities will have no liability whatsoever to, and will be released and held harmless by, the Participants for any and all food allergy-related complications that may result from exposure to food-related Prize(s) offered in this Promotion or otherwise ordered through Administrator.


8) Privacy Policy: By entering the Promotion, Participants agree that any personal information submitted by Participants may be used and shared by P.F. Chang’s subject to Administrator’s privacy policy posted at https://www.fooji.com/privacy/ and https://www.pfchangs.com/privacy-policy


9) Governing Law / Disputes/ Arbitration: Except where prohibited by law, as a condition of participating in this Promotion, each Participant agrees that (1) any and all disputes and causes of action arising out of or connected with these Promotion, including but not limited to Prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of JAMS and held at the JAMS regional office nearest the Participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will any Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Participant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Promotion), and Participant further waives all rights to have damages multiplied or increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Offer Terms, or the rights and obligations of the Participant and P.F. Chang’s in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.


10) Severability: If any term of provision of these Offer Terms is found under the law to be invalid or unenforceable, then such specific term or provision shall be of no force and effect and shall be severed and the remainder of these Offer Terms shall continue in full force and effect.


11) Prize Recipient’s List: For a prize recipient’s list, no later than 60 days after the close of the Promotion, send an email request with the name of the Promotion to [email protected] or mail your request together with a self-addressed stamped envelope to PF Chang’s Lunar New Year Fooji Prize Recipient’s List P.F. Chang’s at 257 E. Short St. Suite 200, Lexington, KY 40507.


12) Administrator: The Administrator of the Promotion is Fooji, Inc. located at 257 E. Short St. Suite 200, Lexington, KY 40507.


13) Questions? If you have any questions, you may contact us at [email protected]






CHOOSE YOUR EXPERIENCE


RESERVATIONS ORDER ONLINE
P.F.Chang's Logo

CHOOSE YOUR EXPERIENCE

ORDER ONLINE RESERVATIONS