Cheers to a New Year Sweepstakes
Official Sweepstakes Rules
- NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR ODDS OF WINNING.
- VOID WHERE PROHIBITED. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY.
- BY ENTERING THIS SWEEPSTAKES, ENTRANT AGREES TO THESE OFFICIAL SWEEPSTAKES RULES AS A BINDING CONTRACT.
- THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, INC. ("INSTAGRAM") OR FACEBOOK, INC. ("FACEBOOK"). BY ENTERING THIS CONTEST, YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO INSTAGRAM.
Sponsor and Administrator: The Cheers to a New Year Sweepstakes ("Sweepstakes") is sponsored and administered by The Patina Group Newco, LLC, a Delaware limited liability company ("Sponsor"). Sponsor operates Tortilla Jo's, which is located at 1510 South Disneyland Drive, Building A, Anaheim, CA 92803 (the "Restaurant").
Submission Period and Drawing: The Sweepstakes begins January 1, 2021 at 12:01 a.m. local time of the Restaurant and runs until February 27, 2021 at 11:59 p.m. local time of the Restaurant, which may be extended in Sponsor's sole discretion (the "Submission Period"). The first random drawing will be held on January 31, 2021 (the "First Drawing") and a second random drawing will be held on February 28, 2021 (the "Second Drawing") by Sponsor to select the winner from among all eligible entries received. All entries must be submitted during the Submission Period. Entries received prior to the First Drawing that are not awarded the prize will automatically participate in the Second Drawing. Odds of winning the prize for a drawing depend on total number of eligible entries received prior to that drawing during the Submission Period. Under no circumstances will Sponsor award more than one prize per drawing. Sponsor cannot accurately predict the number of entrants who will participate in the Sweepstakes (each an "Entrant").
Entrant's Acceptance of Rules: By participating in the Sweepstakes, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Sweepstakes Rules (the "Rules") and the decisions of Sponsor, which shall be final and binding in all respects. This Sweepstakes is void in Puerto Rico, and all other U.S. territories, U.S. military installations in foreign countries and possessions and everywhere prohibited by law.
Eligibility: The Sweepstakes is open only to legal residents of the United States who are 18 years of age and older or if different, the age of majority as established by such individual's state of residence, as of the date of entry. Employees, officers, directors, managers and members, along with their respective immediate family members, of Sponsor and its affiliates, and any other entities involved in any manner with the marketing, sponsoring, fulfilling or administration of the Sweepstakes (collectively, the "Sweepstakes Entities"), are not eligible to participate or win. The term "immediate family member" includes spouses, parents, step-parents, children, step-children, siblings, step-siblings, grandchildren, step-grandchildren or other family extension, regardless of where they live, and any persons residing in the same residence as the winner at least three (3) months per year, whether related or not.
How to Enter: NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
To enter this Sweepstakes, Entrants must join the Restaurant's email club at https://www.patinagroup.com/tortilla-jos/sweepstakes and provide your email address and all of the other requested information and consents requested to join that club. To remain eligible, you must also maintain that email address until the end of the Submission Period and the Second Drawing. If you do not have an email address, establishing an account is free. All Instagram and Facebook terms apply. Normal internet access, phone charges and usage charges imposed by your online/phone service provider(s) will apply.
Winner Selection: The Sweepstakes will have two winners, one winner at the First Drawing and one winner at the Second Drawing. The winner of a drawing will be contacted via the email address provided by the Entrant when joining the Restaurant's email club ("Initial Notification"). The winner must respond within seven (7) days of the Initial Notification. After responding to the Initial Notification, the potential winner will be required to execute and return an Affidavit of Eligibility/Release/Indemnification and a Publicity Release, where allowed by law, within seven (7) days after it is received. A potential winner who does not respond to the Initial Notification, does not meet the stated eligibility requirements, does not return the required documentation, refuses to accept the prize, or any prize notification which is returned as undeliverable will be disqualified and Sponsor will award the prize to an alternate winner selected from the remaining pool of eligible entries. A selected potential winner will not be an official winner until all required documentation has been returned, and eligibility has been formally verified. [Only two (2) alternate drawings will be held for either drawing, after which the prize for that drawing will remain unawarded.]
Entry Limits: Entry into the Sweepstakes is limited to one entry per person, per email address and per address where an Entrant resides. Attempts to obtain more than one (1) entry per person, per email address and per address where an Entrant resides will be disqualified. Sponsor is not responsible for late, incomplete, or invalid Entries, which will be disqualified. Each entry must be manually key stroked and entered by the Entrant. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated entries will be accepted.
In the event of a dispute over the identity of an Entrant, the entry will be deemed to be submitted by the Authorized Account Holder (as described below) at the time of entry and the Entrant may be required to provide identification sufficient to show the Entrant is the Authorized Account Holder. The "Authorized Account Holder" means the natural person who is assigned that email address by the email address provider responsible for assigning email addresses for that entity. Potential winners may be required to provide proof of eligibility upon request. Proof of submission of entry does not constitute proof of delivery of entry.
Entrants further agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. ANY ATTEMPT TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY VIOLATE CRIMINAL OR CIVIL LAWS. IF AN ENTRANT MAKES SUCH AN ATTEMPT, SPONSOR MAY DISQUALIFY SUCH ENTRANT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
General Conditions: Subject to its sole discretion, Sponsor reserves the right to disqualify any Entrant that has, whether in writing or orally, directly or indirectly, criticized or disparaged Sponsor, its affiliates or the Restaurant.
If, for any reason, the Sweepstakes is not capable of running as planned by reason of computer virus, bug, system malfunction, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm or other natural cataclysm, riot, strike, civil commotion, governmental regulation or any other causes beyond the control of Sponsor which, in its sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and conduct the Sweepstakes selecting the prize winner from among all eligible entries received prior to the action taken by Sponsor or otherwise in a manner which is fair, equitable and in accordance with these Rules, as determined by Sponsor in its sole discretion. Inclusion in such drawing shall be each Entrant's sole and exclusive remedy under such circumstances. Notice of such action by Sponsor will be posted on the Sponsor's website: https://www.patinagroup.com/tortilla-jos.
Prize Details and Restrictions: Each winner will receive as a prize a dinner for four (4) at the Restaurant (dine-in only), including sales tax and gratuity, during regular operating hours. Alcoholic beverages and all other taxes are excluded. The prize must be redeemed by August 31, 2021. If the winner does not redeem the prize during such period, the winner forfeits the prize in its entirety.
The retail value of the prize is approximately $200. The final retail value of the prize may be lower than the approximate retail value. If the final retail value of the prize is less than the approximate retail value, the difference shall not be awarded. Federal, state and local taxes and other governmental charges (as applicable), and the reporting consequences thereof, are the sole responsibility of winner. Winner must submit a valid executed IRS Form W9, and if required by law, will receive a 1099 tax form from Sponsor reflecting the fair market value of the prize received.
All expenses not specifically mentioned herein are not included and are solely the winner's responsibility, including, without limitation, any costs associated with the winner traveling to and from the Restaurant to receive the prize. Winner is responsible for all federal, state and local taxes, if applicable.
The prize cannot be sold, refunded, commissioned, bartered, exchanged, or redeemed for cash from the Sponsor. The prize is non-negotiable and non-transferable except to a surviving spouse residing in the same household or otherwise with the Sponsor's permission. No substitutions of the prize are permitted by winner. Sponsor reserves the right to substitute a prize of equal or greater value. Prize conditions may be added or modified by Sponsor, in its sole discretion.
The prize cannot be combined with any other offer, promotion or discount. Winner acknowledges that the Sponsor and all other businesses affiliated with this Sweepstakes and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the prize being offered.
Releases and Indemnification: By submitting an entry, each Entrant waives, discharges and fully releases the Sweepstakes Entities, Instagram and Facebook, along with such entities' respective officers, directors, managers, members and employees (collectively, the "Released Parties") from any and all liability, injury, damage, or loss that may occur, directly or indirectly, in whole or in part, from or in connection with participation in the Sweepstakes or from the receipt or use of any prize or from any activity related to the receipt or use of any prize. The Released Parties are not responsible for (a) any inaccurate entry information, or for any faulty electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes or for any miscommunications or for the inaccurate capture of information, or the failure to capture any information; (c) any technical failures or malfunction of any kind in operation or transmission or communications line failure, regardless of cause, with regard to any equipment, software, systems, networks, lines, satellites, servers, computers or providers; (d) inaccessibility of the internet or any website of any kind, including any failure of any electronic entry to be received on account of technical problems or traffic congestion; or (e) any injury or damage to any computer, phone, or tablet device which may be related to or resulting from any attempt to participate in the Sweepstakes or access or download any materials relating to the Sweepstakes or the Sponsor's website. Without limiting the generality of the foregoing, none of the Released Parties assumes any responsibility or liability for (a) damages, losses or injury resulting from acceptance or use of the prize and (b) a lost, stolen, late, misdirected, misprinted, damage, or delayed prize notification and/or prize.
EACH ENTRANT AGREES TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES AND INSTAGRAM AND FACEBOOK FROM ANY AND ALL LIABILITY FOR CLAIMS, INJURIES, CAUSES OF ACTION, LOSSES OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WRONGFUL DEATH, PERSONAL INJURY INFRINGEMENT, ARISING OUT OF OR RELATED, IN WHOLE OR IN PART, TO (1) PARTICIPATION IN THE SWEEPSTAKES OR ANY SWEEPSTAKES-RELATED ACTIVITY, (2) FROM ITS BEACH OF THE REPRESENTATIONS NAD WARRANTIES IN THIESE RULES, OR (3) FROM ENTRANT'S POSSESSION, ACCEPTANCE, RECEIPT OR USE/MISUSE OF THE PRIZE, IN EAC INSTANCE WHETHER UNDER CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND, FURTHER EACH ENTRANT AGREES TO INDEMNIFY THE RELEASED PARTIES AGAINST ANY LIABILITY OR EXPENSE (INCLUDING REASONABLE ATTORNEY'S FEES) ARISING IN CONNECTION WITH THE FOREGOING. Released Parties are not responsible for any inability of any winner to accept or use the prize (or any portion thereof) for any reason.
Publicity Release: By submitting an entry, in addition to any other rights which may be granted in any other agreement entered into between Sponsor and any Entrant, each Entrant irrevocably grants to Sponsor and its respective successors, assigns, and licensees, the right to use such Entrant's name, likeness, image, username, biographical information and statements about the Sweepstakes in any and all media anywhere in the universe for any purpose, including, without limitation, advertising and publicity purposes, as well as in connection with the Sweepstakes, without additional compensation or additional approval except where prohibited by law and hereby releases the Released Parties from any liability with respect thereto. Entrant agrees to, if required, sign documents to this effect. The Released Parties are not responsible for any unauthorized use of entries by third parties. Sponsor has no obligation to make use of the rights granted herein.
Social Media Disclaimer: This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook. Entrants understand that they are providing their information to Sponsor and not to Instagram. Any questions, comments or complaints must be directed to Sponsor, and not to Instagram or Facebook. Instagram and Facebook have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize's quality or fitness for a particular purpose.
DISPUTES/ARBITRATION/CHOICE OF LAW: Except where prohibited by law, and subject to the release and waiver of claims provisions herein, Entrant agrees: (i) that any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prize awarded, or the determination of the winner, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the rules set forth below, then effective; (ii) to waive any right to seek or obtain injunctive or other equitable relief; (iii) that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys' fees; and (iv) that under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to, claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of Entrant and/or Released Parties in connection with Sweepstakes, shall be governed by, and construed in accordance with, the laws of the state where the Restaurant is located, without regard for conflicts of law doctrine of that state or any other jurisdiction.
By submitting an entry, Entrant agrees: (a) that any and all disputes the Entrant may have with, or claims Entrant may have against, the Released Parties relating to, arising out of or connected in any way with (1) the Sweepstakes, (2) the awarding or redemption of any prize, and/or (3) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (b) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the U.S. Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16; (c) the arbitration shall be held in the county of Erie, State of New York, U.S.A.; (d) the arbitrator's decision shall be controlled by the terms and conditions of these Rules and any of the other agreements referenced herein that the applicable Entrant may have entered into in connection with the Sweepstakes; (e) the arbitrator shall only apply the laws of the state where the Restaurant is located and United States law consistent with applicable statutes of limitations, and shall honor claims of privilege recognized at law; (f) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only Entrant's and/or Sponsor's individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (g) the arbitrator shall not have the power to award punitive damages against the Entrant or Sponsor; (h) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and Entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on Entrant's behalf, subject to ultimate allocation by the arbitrator; (i) if the Entrant 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 Entrant's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (j) with the exception of subpart (f) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, 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, subpart (f) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither Entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
General: These Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. Unless otherwise stated herein, if any provision of these Rules is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If there is a discrepancy or inconsistency between other statements contained in any Sweepstakes promotional materials and the terms and conditions of these Rules, the terms of these Rules shall prevail and govern.
Winners List: To request any legally required winner's list, send a letter with subject line: "Cheers to a New Year Sweepstakes" to the Restaurant at the address of the Restaurant provided in Section 1.
Copyright 2020 Patina Restaurant Group, LLC. All trademarks, logos, images and brands appearing on the Sweepstakes website or any other materials relating to the Sweepstakes are registered and unregistered trademarks of Sponsor, its subsidiaries and affiliates or their respective owners. All rights reserved.
The Sweepstakes is not in any way sponsored, endorsed or administrated by Instagram or Facebook. Instagram and Facebook are registered trademarks.