Cicis National Picnic Month Sweepstakes (“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.   THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE 50 UNITED STATES AND D.C. AND WILL BE GOVERNED BY U.S. LAW.  DO NOT ENTER IF YOU ARE NOT ELIGIBLE. MUST HAVE AN INSTAGRAM® ACCOUNT TO PARTICIPATE.  Void where prohibited by law.

 

  1. Eligibility:  This Sweepstakes is open to legal residents of the 50 United States and D.C., who are 18 years of age or older at the time of entry.  Employees, contractors, directors, and officers of Cici Enterprises, LP (“Sponsor”), its parent, subsidiaries, affiliates, sales representatives, and advertising, promotion and judging agencies, and all other service agencies involved with the Sweepstakes (“Promotion Entities”), and members of each of their immediate families (spouses, parents, grandparents, children, and siblings, and their respective spouses) and those living in the same household of each are not eligible to enter or win. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to, and acceptance of, these Official Rules. Winning a prize is contingent upon fulfilling all requirements set forth herein. Void where prohibited by law. Sweepstakes is subject to all applicable federal, state, and local laws.

 

  1. Promotion Period:  This Sweepstakes starts at 12:00:00 am Central Time (“CT”) on July 17, 2017 and ends at 11:59:59 pm CT on July 30, 2017 (the “Promotion Period”) and is divided into the following entry periods (each an “Entry Period”):

 

Start Date

End Date

Drawing Date

Winner Notification Date

7/17/17

7/23/17

7/24/17

7/25/17

7/24/17

7/30/17

7/31/17

8/1/17

 

Each Weekly Entry Period begins at 12:00:00 AM CT on the Start Date and ends at 11:59:59 pm CT on the End Date. Non-winning Entries from the first Entry Period will rollover to the second Entry Period.

 

  1. How to Enter: During the Promotion Period, log in to your Instagram account (or create a free Instagram account if you do not have one) at www.instagram.com (the “Website”), and post an original photo your pizza picnic spread using the hashtags #pizzapicnic and #sweepstakesentry and tag @officialcicis in the photo description to receive one (1) entry into the Sweepstakes (collectively an “Entry”) (subject to verification with the Entry Requirements, below). Standard data charges may apply.  Your Instagram account must be public for your Entry to be eligible. Entry will not be judged. Entries do not have to include Sponsor’s product.

 

Entries must comply with any applicable Instagram submission requirements located at http://www.instagram.com/about/legal/terms/. Entries must comply with all Instagram format and size requirements and the technical, creative, and legal requirements set forth in these Official Rules. Limit: One (1) Entry per person/Instagram account during the entire Promotion Period. Valid entries must contain all information requested, including both required hashtags. 

 

Those who do not follow all of the instructions, contain all information requested, include the required hashtag, comply with the Entry Requirements, or abide by these Official Rules or other instructions of Sponsor will be disqualified.  Sponsor is not responsible for inaccurate or incorrect entry information whether caused by entrant or by any of the equipment or programming associated with or utilized in the Sweepstakes or Website or by any technical or human error that may occur in the processing of the entries. Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature.

 

Multiple entrants are not permitted to share the Instagram account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, accounts, identities, registrations, logins, or any other methods may void that entrant’s Entries and that entrant may be disqualified, in Sponsor’s discretion. Use of any automated system to participate is prohibited and may result in disqualification, in Sponsor’s discretion.   In the event of a dispute regarding the identity of the entrant, the Entry will be deemed to have been made by the authorized account holder of the Instagram account used to submit the Entry. “Authorized account holder” is defined as the natural person who is assigned an Instagram account by Instagram, Inc., or other organization which is responsible for assigning Instagram accounts or the domain associated with the submitted Entry. Proof of submission of an Entry shall not be deemed proof of receipt by the Website or Sponsor. A potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of the Instagram account.

 

BY SUBMITTING CONTENT (AS DEFINED BELOW), ENTRANT ACKNOWLEDGES THAT HIS/HER CONTENT MAY BE POSTED ON SPONSOR’S WEBSITE, AT SPONSOR’S DISCRETION.  

 

  1. Content Submission Guidelines: As used herein, “Content” includes and refers to all information, content, and material submitted by you in connection with the Sweepstakes (including, but not limited to the Entry, comment, its matter, hashtags, descriptions, and tags).

 

By submitting your Content, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose the ideas contained in the Content on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you. Sponsor reserves the right to, and may or may not, monitor/screen Content. By entering, you acknowledge that Sponsor has no obligation to use or post any Content you submit.

 

Submission of Content grants Sponsor and its agents the right to publish, use, adapt, copy, edit, publicly perform and/or modify such Entry in any way, in any and all media, without limitation, and without consideration to the entrant.

 

By submitting Content you warrant and represent that it: (a) is your original work; (b) has not been previously published; (c) has not won any awards; (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) that you have obtained permission from a person whose name, username, likeness or image is used in the Content; and (f) and that publication of the Content via various media including Web posting, will not infringe on the rights of any third party rights. Each entrant will indemnify and hold Promotion Entities harmless from and against any and all claims, demands, actions, causes of action, damages, costs, or expenses brought against or suffered or incurred by the Promotion Entities, or any of them, arising out of or in connection with the participation by the entrants in this Sweepstakes, any breach by the entrants of the warranties or agreements contained herein, or the use, in whole or in part, by any Promotion Entity of any Entry (or portion thereof) submitted by the entrants in this Sweepstakes.  Any entrant whose Content includes likenesses or name of a third party or contains elements not owned by the entrant must be able to provide legal releases for such use including Sponsor’s use of such Content, in a form satisfactory to administrator, upon request, prior to awarding of prize. 

 

As determined by the Sponsor, in its sole discretion, Content must meet the following guidelines:

  • Must comply with these Official Rules and any Terms of Service on the Website;
  • Cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity;
  • Cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
  • Cannot be obscene or offensive, endorse any form of hate or hate group;
  • Cannot promote terrorist acts such as providing instructions on how to assemble bombs, grenades and other such weapons or provide instructional information about illegal activities;
  • Cannot defame, misrepresent or contain disparaging or slanderous remarks about Sponsor, its customers or its products, or other people, products or companies;
  • Cannot contain trademarks, logos or trade dress owned by others (except Sponsor’s trademarks, logos or trade dress), or advertise or promote any brand or product of any kind (except Sponsor’s products), without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
  • Cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art, stills, or images published on or in television, movies, the Internet or other media, except such materials owned by Sponsor) without permission;
  • Cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the entrant, without permission;
  • Cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
  • Cannot depict, and cannot itself, be in violation of any law.

 

ALL DECISIONS REGARDING THE APPROPRIATENESS OF THE MATERIALS CONTAINED IN THE CONTENT SHALL BE AT THE SOLE DISCRETION OF THE SPONSOR. CONTENT POSTED TO THE WEBSITE WAS NOT EDITED BY SPONSOR AND IS THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Entry Requirements set forth herein in its reasonable discretion. By entering, you acknowledge that Sponsor has no obligation to use or post any Content you submit. Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Promotion Period, to request that any entrant resubmit his or her Content which fails to comply with the Content requirements prior to the selection of the winner.

 

  1. Winner Selection: On or about each the Drawing Dates set forth in the chart above, two (2) winners will be randomly selected in a drawing from among all eligible Entries received during the applicable Entry Period. Odds of winning a prize depend on the number of eligible Entries received for that Entry Period.

 

  1. Prize (4):  Each winner (2 winners for each Drawing Period) will receive a Cici’s picnic basket containing one $150 Cici’s gift card, one pizza-themed picnic blanket, one pizza-themed pool float and one cooler tote. Approximate retail value (“ARV”): $231. Total ARV of all prizes: $924.Limit one (1) prize per person/household/email address.  Gift card subject to the terms and conditions set forth by issuer.

 

Prizes are not transferable or redeemable for cash and must be accepted as awarded, with no substitutions of any kind, except by the Sponsor, who reserves the right to substitute a prize (or portion thereof) of comparable or greater value, at its sole discretion.  All federal, state, and local taxes (including income and withholding taxes), if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided are each winner’s responsibility, regardless of whether prize is used in whole or in part. All prize details are at the Sponsor’s sole discretion.  Unclaimed prizes will not be awarded. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. Any difference between stated ARV and actual value of prize will not be awarded.

 

  1. Winner Notification: Winner will be contacted via a private, direct message on his/her Instagram account that includes an email address on or around the date set forth in the chart above. Potential winner will then be required to email the email address provided in the direct message within five (5) days. Potential winners are solely responsible for checking their Instagram account for messages.  Potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of the Instagram account, including but not limited to providing the original file of his/her Entry, if applicable, in Sponsor’s sole discretion. The contact notification will include instructions on how to claim the prize. Any prize won by an entrant who is eligible but still considered a minor in his/her state of residence will be awarded to a parent or legal guardian of such minor who must sign and return all required documentation outlined herein and otherwise comply with all requirements imposed on winner(s) set forth herein. If winner is found to be ineligible, or not in compliance with these Official Rules and/or the Website, declines to accept a prize, if Sponsor is unable to contact the winner within five (5) business days of attempting contact, or in the event that a prize notification or prize is returned undeliverable, the prize may be forfeited.  Potential prize winner (or parent/legal guardian where applicable) may be required to furnish proof of identification and sign, complete, and return an Affidavit of Eligibility/Liability Release and, where lawful, a Publicity Release, within seven (7) days of attempted notification or prize may be forfeited.  In the event that a potential prize winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate entrant who will also be selected in a random drawing from the remaining eligible Entries. Promotion Entities shall not be held responsible for any change of email address or other contact information of entrants, or for any delays in awarding prizes for any reason outside of their control. Prizes will only be delivered to verified winners and to addresses within the 50 U.S./D.C. 

 

By accepting a prize, winner consents to the use of his/her name, address (city and state of residence), voice, and statements relating to the Sweepstakes or Sponsor, and Entries or other likenesses, without further compensation, notification, or permission in any publicity or advertising carried out by Sponsor, any related entities, or anyone authorized by Sponsor in any and all media now known or hereinafter developed without territorial or time limitation, except where prohibited by law. 

 

  1. Binding Arbitration:  Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  The arbitrator shall be selected pursuant to the JAMS Rules and Procedures.  The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law.  In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the JAMS Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein.  If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute.  Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.  THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.  DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

 

BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) 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 THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) 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, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S 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 EVERY ENTRANT.

 

  1. By entering, entrants (i) acknowledge compliance with these Official Rules, including all eligibility requirements and, (ii) agree to be bound by all decisions of the Sponsor, made in their sole discretion, which shall be final and binding in all matters relating to this Sweepstakes.  All issues of interpretation to be decided by Sponsor.  Decisions of Sponsor are final and binding in all matters.  Entrants who have not complied with these Official Rules are subject to disqualification and all associated Entries will be void.

 

  1. Sponsor is not responsible for late, lost, damaged, stolen, misdirected, mutilated, garbled, illegible, or incomplete submissions of Entries.  Proof of transmission (screenshots or captures of Entry, etc.) and/or submission does not constitute proof of delivery.  Sponsor’s clock is the official timekeeping device for this Sweepstakes.

 

  1. Sponsor reserves the right to disqualify any entrant’s Entry in the Sweepstakes or entitlement to a prize, if, in the sole discretion of the Sponsor, it determines or suspects that the entrant has attempted to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other fraudulent, deceptive, or unfair playing practices (including any Entries generated by script, macro, robotic, programmed, or any other automated means or any other means which subvert the entry process). 

 

  1. As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree to release Sponsor, Instagram, Inc., Promotion Entities, and each of their officers, directors, employees, and agents, from any and all liability, loss, or damage incurred with respect to participating in the Sweepstakes or the awarding, receipt, participation, possession, and/or use or misuse of any prize or any item redeemed in connection with such prize, including any travel related thereto. 

 

  1. All issues and questions concerning the construction, validity, interpretation, and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Texas without regard to any other conflicts of law principles.  All entrants consent to the jurisdiction and venue of the courts located in the State of Texas, in the City of Dallas.

 

Sweepstakes Operation:

 

  1. Sponsor reserves the right in its sole discretion to cancel, modify, or suspend this Sweepstakes at any time, if fraud, technical failures, including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes corrupt the administration, security, integrity, or proper play of the Sweepstakes or Website.  In the event of cancellation, Sponsor reserves the right to select the winner from among all eligible, non-suspect Entries received up to time of such cancellation.  In no event will the Sponsor be liable for more than the stated number of prizes.

 

  1. Promotion Entities do not warrant that access to the Sweepstakes will be uninterrupted.  Promotion Entities are not responsible for any problems that may arise, including but not limited to; (a) lost, interrupted, inaccessible, or unavailable networks, servers, satellites, Internet Service Providers, Website, or other connection, availability or accessibility problems arising in connection with or over the course of the Sweepstakes; or (b) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone, or cable transmissions or hardware or software malfunctions, failures, or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical, or other errors in connection with the administration of the Sweepstakes, the processing of Entries, the Website, the offering or announcement of any prize or in any post or prize notification documents; or (d) for any other errors of any kind relating to or in connection with the Sweepstakes or the Website, whether human, mechanical, clerical, electronic, or technical in nature; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Sweepstakes; or (f) damage to a user's computer system occasioned by participation in this Sweepstakes or downloading or accessing any information or site necessary to participate in this Sweepstakes.

 

Disclosures:

 

  1. Any attempt by an entrant or other individual to deliberately damage the Website or undermine the legitimate operation of this Sweepstakes, including but not limited to any fraudulent claims, is a violation of criminal and civil laws.  Should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such individual to the fullest extent permitted by law, including criminal prosecution.  Any entrant engaging in any of the foregoing activities may be disqualified (and all associated Entries will be void) and will forfeit any prize won.

 

  1. Disputes: In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any other Sweepstakes materials (including but not limited to email content, social media content, point of sale, television, and print advertising, promotional packaging, and other promotion media) (“Sweepstakes Materials”), the details of the Sweepstakes as set forth in these Official Rules shall prevail.  The Official Rules govern over all other communications. In the event of any conflict between these Official Rules, the Official Rules shall prevail. Images of prize(s) (if any) as shown in Sweepstakes Materials are for illustrative purposes only. Actual prize may vary from the prize pictured.  The ARVs of prizes as stated by Sponsor in the Sweepstakes Materials and/or in these Official Rules are subject to price fluctuations in the consumer marketplace.  If, at the time a prize is redeemed or awarded, the actual prevailing retail purchase price for the prize is less than the ARV stated by the Sponsor in the Sweepstakes Materials and/or in these Official Rules, the winner(s) will not be entitled to a check or cash for the price difference.

 

  1. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision.  In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

 

  1. Sponsor:Cici Enterprises, LP, 5601 Executive Drive, Suite 400, Irving, TX 75038

 

  1. Winner List: For a copy of the winners list, send a self-addressed, stamped envelope to: [5601 Executive Drive, Suite 400, Irving, TX 75038 and attn.: Veronica de Campos].  Requests must be received by August 31, 2017.

 

  1. Privacy: You understand that you are providing your information to Sponsor and not to Instagram. The information you provide will only be used as provided in Sponsor’s privacy policy, located at https://www.cicis.com/privacy-policy. Any questions, comments or complaints regarding this Sweepstakes shall be directed to Sponsor and not to Instagram. In the event of a conflict between the Sweepstakes Official Rules and Instagram Terms of Use, these Sweepstakes Official Rules shall govern. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.
  2. No Affiliation with Instagram: This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram or any other named or depicted people or entities other than Sponsor and Promotion Affiliates. Any questions, comments or complaints regarding the Sweepstakes should be directed to Sponsor.