Portillo’s Meat Up Sweepstakes May 2017
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT'S CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS, AT THE TIME OF ENTRY, OF ANY ONE (1) OF THE FIFTY UNITED STATES OR THE DISTRICT OF COLUMBIA, WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND THE AGE OF MAJORITY IN THE STATE/JURISDICTION THAT HE OR SHE RESIDES. SEE BELOW FOR FULL ELIGIBILITY REQUIREMENTS. VOID IN ALL U.S. TERRITORIES AND POSSESSIONS (INCLUDING PUERTO RICO), AND WHERE PROHIBITED BY LAW.
INTERNET ACCESS REQUIRED. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK INC. (“FACEBOOK”) OR INSTAGRAM LLC (“INSTAGRAM”). EACH WINNER WILL BE REQUIRED TO RESPOND TO WINNER NOTIFICATION AND OTHER COMMUNICATIONS FROM SPONSOR (DEFINED BELOW) WITHIN SEVEN (7) DAYS ACCORDING TO THE NOTICE(S) FROM SPONSOR OR PRIZE MAY BE FORFEITED (IN SPONSOR’S SOLE DISCRETION).
BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. THIS CONTRACT ALSO REQUIRES YOU TO RESOLVE ANY DISPUTE THROUGH BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
The Portillo’s Meat Up Sweepstakes (the "Sweepstakes") is sponsored by Portillo’s Hot Dogs, LLC. ("Sponsor").
SWEEPSTAKES PERIOD: The "Sweepstakes Period" begins on Monday, May 1st, 2017 at 12:01 AM Central Time ("CT") and ends on Wednesday, May 31st, 2017 at 11:59:59 PM CT. Sponsor's clock is the Sweepstakes' official clock.
Following the end of the Sweepstakes, three (3) winners will be selected in a random drawing from among all eligible entries received, as set forth below.
SUBMISSION REQUIREMENTS: Your Photograph (defined below), Entry Post (defined below), and any accompanying content or information (collectively, “Entrant Content”) must meet all of the requirements in these Official Rules, including the following, or the associated entry will be disqualified in Sponsor’s sole discretion (see below for entering without making an Entry Post):
The Photograph must depict people at any Sponsor’s restaurant, or food inside any Sponsor’s location.
- Entrant Content must not include material that (a) is sexually explicit, indecent, obscene, unnecessarily violent, hateful, defamatory, slanderous or libelous, (b) is derogatory, designed to harass or promote bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is disparaging to Sponsor or is inconsistent with the positive images and/or goodwill that Sponsor has worked hard to create and wishes to associate with their company; (e) is false, fraudulent, deceptive, misleading and/or (f) is injurious to any individual, any Sweepstakes Entity, or any third party.
- Entrant Content must be unpublished and not have been submitted in any other contest, promotion, or competition.
- Entrant Content must not contain or describe any harmful or illegal activity or content or in any way violate any federal, state, or local laws, rules or regulations.
- Entrant Content must be suitable for presentation in a public forum and must be family appropriate for all ages.
- If Entrant Content includes images of children under the age of 13, an image of their parent/legal guardian must be included in the Entrant Content.
- Entrant must have a personal relationship with and consent from all identifiable people whose images appear in the Entrant Content, and upon request, the Entrant must provide Sponsor with written confirmation evidencing such approvals.
- Entrant Content must not suggest, depict, or describe any inappropriate, unlawful, or dangerous behavior or use of Sponsor’s or any other products or services.
- You agree that your participation in the Sweepstakes and agreement to these Official Rules and any Released Party’s (defined below) display and use of the Entrant Content will not violate any agreement to which you are a signatory or party.
- You agree to indemnify the Released Parties (defined below) against any and all claims from any third party for any use or reuse by any Released Party of the Entrant Content.
Sponsor reserves the right in its sole discretion to disqualify from the Sweepstakes and/or remove from displaying or publishing any entry or Entrant Content that, in its sole discretion, refers, depicts, or in any way reflects negatively upon a Released Party, the Sweepstakes, or any other person or entity or does not comply with these requirements or these Official Rules.
USE OF SUBMISSIONS/LICENSE: By entering, except where prohibited by law, each Entrant hereby irrevocably grants to Sponsor, its agents, successors and assigns a perpetual, non-exclusive, sub-licensable, royalty-free, fully-paid license and right to use, distribute, make derivative works from, edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, separate, dub, adapt, publish, combine with other material, reuse, adapt, and exploit the content of and elements embodied in the Entrant Content and entries, and the Entrant Content and entries themselves, in any manner and in any medium now known or hereafter devised, throughout the universe for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation. Entrants forever waive and relinquish so-called “moral rights (droit moral)” now or hereafter recognized. Entrants agree that Sponsor shall have sole discretion in determining the extent and manner of use of Submissions and are not obligated to use any Submission. You agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties (defined below) on the grounds that any use of any entry, or any derivative works, infringe or violate any of entrant’s rights (including MORAL RIGHTS) therein. In addition, you acknowledge and agree that your Entrant Content may be shared, posted, linked to, or otherwise used online or elsewhere by others solely by virtue of posting it in connection with this Sweepstakes.
Each entrant acknowledges and agrees that nothing in these Official Rules will require a Released Party to use the Entrant Content in part or in whole or to include the Entrant Content in any Released Party-related property. Each entrant hereby acknowledges and agrees that the relationship between the entrant and any of the Released Parties is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to submit his/her Entrant Content for purposes of the Sweepstakes does not place any of the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the Entrant Content, other than as set forth in these Official Rules. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material that has or may come to Sponsor from other sources. Each entrant acknowledges and agrees that Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the entrant’s copyright in and to his/her Entrant Content. Each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Entrant Content or other material submitted in connection with the Sweepstakes, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any Sponsor property, and entrant’s rights and remedies in any such event are strictly limited to the right to recover damages, if any, in an action at law.
ELIGIBILITY: This Sweepstakes is open only to legal residents of any one (1) of the fifty (50) United States or District of Columbia who, at the time of entry, are eighteen (18) years of age or older and the age of majority in the state/jurisdiction that he or she reside and, for Instagram Platform (defined below) entries, who have a Instagram Platform account in good standing as of the date of entry and through the time of prize award. Void in Puerto Rico, the U.S. Territories and Possessions, and where prohibited by law.
The following individuals are not eligible to enter and their entries are not eligible and will not be considered:
Employees, officers, members, directors, managers, agents, and representatives of Sponsor and its parent companies, owners, subsidiaries, divisions, successors in interest, corporate partners, and affiliated companies, any promotion, advertising, judging or public relations company doing business with any of the above, or a member of the immediate family (parent, children, siblings, spouse, domestic partner, legal guardian, legal ward regardless of where they live) or any individual living in the same household of such employees (whether related or not).
Each Entrant may enter up to once a day during the Sweepstakes Period.
HOW TO ENTER THE SWEEPSTAKES: An eligible individual (“Entrant) may enter the Sweepstakes during the Sweepstakes Period by following the below steps:
- Uploading Photo: Entrants must take a photograph that shows the Entrant inside or outside a Portillo’s Hot Dogs, LLC location, or their Portillo’s Hot Dogs, LLC food (“Photograph”). Then an eligible Entrant must log into his/her account on the Instagram Platform to: (1) follow @portilloshotdogs (if you are not already a follower), and (2) post his/her Photograph , including the following in the post to his/her Instagram Platform account that contains the Photograph: “#meatupsweeps” and “@portilloshotdogs” (collectively, “Entry Post”). Your Instagram Platform profile settings must not be set on private for your Entry Post to be eligible for the Sweepstakes. It is each entrant’s responsibility to timely set his/her account settings so that Sponsor is able to view his/her Entry Post on the Instagram Platform. All Photographs must comply with the “Submission Requirements” detailed in that section above and otherwise comply with these Official Rules and the Instagram Platform’s applicable terms. Once the Registration Process has been completed, each time that you upload a unique and compliant Photograph to the Instagram Platform during the Sweepstakes Period in accordance with the instructions in these Official Rules, you will receive one (1) entry in the Sweepstakes, but your Entry Post will not be deemed an entry in the Sweepstakes until Sponsor verifies that it meets all the Submission Requirements detailed above and otherwise complies with these Official Rules and the Instagram Platform’s applicable terms. Approval or disapproval will not be communicated. Entries must be posted and recorded on the Instagram Platform’s servers and identifiable by Sponsor during the Sweepstakes Period to be considered. Sponsor, at its sole discretion, may accept or disqualify an Entry Post that is accompanied by a technically incorrect required unique term or content in addition to the required content. Your Entry Post must remain active on your Instagram Platform account through winner selection and prize award for the Sweepstakes. Your Entry Post will appear on your Instagram Platform account feed and may be visible to other users or the public. Incorrect and/or incomplete attempts at entry or those identified or received outside the Sweepstakes Period will be void and not eligible for entry. Each entrant must be the rightful owner of the Instagram Platform account, the photo and any substantive content and corresponding e-mail account utilized during entry. For purposes of this Sweepstakes, an Entry Post is “received” when Sponsor verifies an Entry Post that is posted on the Instagram Platform that correctly corresponds to a Sweepstakes registrant. Sponsor is not responsible for misspellings, typographical errors, or other issues that may affect an Entry Post from being located using a search to find eligible entries. Provided your Entry Post contains all required language, the substantive content of your Entry Post (i.e. the Photograph’s substantive content) will not affect your chances of winning a prize in this Sweepstakes. Entrant must continue to follow @portilloshotdogs through the end of the Sweepstakes Period and the time of prize award; Entry Post(s) associated with an Instagram Platform account that no longer follows @portilloshotdogs will be void and not eligible for entry.
Each Photograph may be submitted only one (1) time over the course of the entire Sweepstakes Period. If Sponsor offers other sweepstakes that are similar to this Sweepstakes, you may not enter the same Photograph submitted in this Sweepstakes in those other similar sweepstakes.
Attempts made by an individual to submit entries in excess of any limit or otherwise in violation of these Official Rules by using multiple or false contact information or otherwise may be disqualified. There is no limit on the number of entries per person except that each Photograph submitted via the Instagram Platform must be unique and each mail-in entry must be mailed in a separate outer envelope
. and only one entry per day is permitted. Other proof of submitting an entry (such as printed or copies confirmation screen or message) does not constitute actual receipt of the entry for purposes of this Sweepstakes. Facsimiles, mechanical reproductions, alterations, garbled, incomplete, incomprehensible, misdirected, lost, late, mutilated, or forged entries, or entries generated by a macro, bot, or other automated means will not be accepted and are void. Those who do not follow all of the instructions, provide the required information in their entry, or abide by these Official Rules will be disqualified. Entries may not be made jointly or by any group and may only be made by an individual. Entries made by any other individual on your behalf, by you on behalf of another party, by any entity, or entries originating at any website other than as set forth in these Official Rules, including, without limitation, commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified from this Sweepstakes. As a condition of entering the Sweepstakes, each Entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations, and rules.
RANDOM SWEEPSTAKES DRAWING: Following the close of the Sweepstakes Period, Sponsor will conduct a random drawing from among all eligible entries received during the Sweepstakes Period. The drawing will be conducted within approximately seven (7) business days after the close of the Sweepstakes Period. A total of three (3) potential winners will be selected during the drawing. (Each Entrant selected in the drawing is a potential "Prize Winner.") The potential Prize Winners will be subject to verification of eligibility and compliance with these Official Rules by Sponsor. Decisions of the Sponsor are final on all matters relating to the Sweepstakes, including interpretation of these Official Rules, determination of the winner, and awarding of the prizes.
PRIZES: If properly claimed, the Prize Winner (subject to verification) will be awarded the prize (“Prize”) in accordance with the order that they are selected so that the first Prize Winner selected would receive First Prize, the second Prize Winner selected will receive Second Prize, the third Prize Winner selected will receive Third Prize. If a Prize Winner is not properly verified, then a substitute winner will be selected for that specific Prize. Prize Winners (upon verification) will receive the Prizes identified below.
The Prizes consist solely of the following:
- Fast Pack Catering for up to 16 people
- Portillo’s for a year ($700 Portillo’s Gift Card)
- Portillo’s Swag
Total ARV of all Prizes in Sweepstakes: $900.00
ODDS OF WINNING
The odds of winning depend on the total number of eligible entries received for the Sweepstakes.
WINNER NOTIFICATION/HOW TO CLAIM A PRIZE:
Sponsor will attempt to notify potential the Prize Winner via Instagram direct message to retrieve email information from prize winner.
The potential Prize Winner must respond to the Sponsor within seven (7) calendar days, according to Sponsor’s instructions, including, without limitation, providing the Sponsor with his/her complete street address (P.O. Boxes not allowed).
Sponsor will make contact with the potential Prize Winner within approximately ten (10) business days of the Sweepstakes drawing.
The potential Prize Winner may, in the discretion of Sponsor, be required to complete, sign, have notarized (if applicable), and return an Affidavit of Eligibility, Liability/Publicity Release (unless prohibited by law)and W-9 (collectively, "Prize Winner Documents") within the time frame specified and in the form provided by Sponsor, without revision, or Prize may be forfeited. The Prize Winner Documents, if applicable, must be received by Sponsor within seven (7) days of the date they are sent to the potential Prize Winner (or other time frame as stated on the Prize Winner Documents), or Prize may be forfeited and an alternate winner may be selected. If any Prize, Prize notification, or other Sweepstakes-related communication is rejected, faulty, or returned as undeliverable, or if the selected potential Prize Winner cannot be reached or does not respond as instructed after Sponsor has attempted to notify the potential winner, the selected winner may be disqualified and an alternate winner may be selected (time permitting and in Sponsor's sole discretion). Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential Prize Winner. The Prize claim and Prize Winner Documents are subject to verification by Sponsor. The Prize, if legitimately claimed, will be awarded. Sponsor will not be obligated to pursue more than three (3) alternate winners (time permitting) for the Prize for any reason, in which case the Prize may go unawarded.
Prize will only be mailed to the Prize Winner's address in one (1) of the fifty (50) United States or District of Columbia. Please allow approximately 6-8 weeks for shipment. If Sponsor determines, at any time and in their sole discretion, that the potential Prize Winner is ineligible, disqualified, or not in compliance with these Official Rules, or if the Prize Winner declines to accept the Prize, the Prize may be forfeited, the potential Prize Winner disqualified, and, in the Sponsor's sole discretion, the Prize may be awarded to an alternate potential Prize Winner selected from a pool of eligible Entrants, even if the disqualified Prize Winner or potential Prize Winner's name may have been shown or announced.
The right to receive a Prize is non-assignable, non-transferable and no Prize substitution, exchange or cash equivalent will be allowed, except by Sponsor who reserves the right to substitute Prize of equal or greater value for any reason, including in case of unavailability of Prize or force majeure. Federal, state and local taxes, and all other costs and expenses associated with Prize acceptance or use and not specified in these Official Rules as being part of a Prize, if any, are the sole responsibility of the Prize Winner. Sponsor shall not be held responsible for any delays in awarding the Prize for any reason. Prize will only be awarded to verified Prize Winner. All prize details not specified in these Official Rules will be determined by Sponsor in its sole discretion. If the Prize Winner does not accept or use the entire Prize, the unaccepted or unused part of the Prize will be forfeited and the Released Parties will have no further obligation with respect to the Prize or portion thereof. The Released Parties will not replace any lost, mutilated or stolen Prize or Prize elements or any Prize or Prize elements that are undeliverable or do not reach the Prize Winner because of an incorrect or changed address or other contact information.
LIMITATION OF LIABILITY; ADDITIONAL DISCLAIMERS AND RELEASES; NO WARRANTY: In no event will more Prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical or other errors, there are more potential Prize Winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the Prize Winner. If, for any reason, an entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed, corrupted, or for any other reason not accepted as an entry into the Sweepstakes, the Entrant's sole remedy is to submit another eligible and complete entry into the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned, or if any causes beyond the reasonable control of Sponsor corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, at their sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of the Prize Winner, in a manner they deem fair and reasonable, including the selection of the winner from among eligible non-suspect entries received prior to such cancellation, termination, modification or suspension. Released Parties shall not be responsible or liable for entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for entries that are late, forged, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with the Official Rules, and all such entries will be disqualified. Released Parties are not responsible for any changes or unavailability of any Platform that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor's ability to use any Platform for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes.
BY ENTERING THE SWEEPSTAKES, EACH ENTRANT AGREES: (i) TO BE BOUND BY THESE OFFICIAL RULES AND BY ALL APPLICABLE LAWS AND DECISIONS OF SPONSOR WHICH SHALL BE BINDING AND FINAL; (ii) TO WAIVE ANY RIGHTS TO CLAIM AMBIGUITY WITH RESPECT TO THESE OFFICIAL RULES; AND (iii) TO FOREVER AND IRREVOCABLY AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, CAUSES OF ACTION, PROCEEDINGS, DEMANDS, FINES, PENALTIES, LIABILITY COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE 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, (b) the violation of any third party privacy, personal, publicity or proprietary rights that result from Entrant's participation in the Sweepstakes, (c) typographical errors in these Official Rules or any Sweepstakes materials (including but not limited to point of sale, television, print advertising, promotional packaging, creative assets, editorial posts and other promotion media), (d) acceptance, attendance at, receipt, travel related to, participation in, 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 the Prize (or any component thereof), (e) any change in the prizing (or any components thereof) for any reason, including due to unavailability or any failure to supply a Prize for reasons beyond Sponsor's sole 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 quasi-governmental 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 Sponsor's sole control or other force majeure event, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the Sweepstakes, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of the entry (including, without limitation, the information or any parts thereof), (i) any technical malfunctions or unavailability of any Platform, other Sweepstakes-related web pages, 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 Sponsor or by an Entrant, (j) interruption or inability to access the Sweepstakes, any Platform, or any other Sweepstakes-related web pages, or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to Entrant's (or any third person's) computer and/or its contents related to or resulting from any part of the Sweepstakes, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, illegible, unintelligible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries or other Sweepstakes-related correspondence, (n) any wrongful, negligent, or unauthorized act or omission on the part of a Released Party, (q) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), (r) the collection, use and/or sharing of Entrant's personally identifiable information by Sponsor, or their designees; (s) the negligence or willful misconduct by Entrant, or (t) electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages. Sweepstakes Entities are not responsible, and may disqualify you, if your e-mail address or other contact information does not work or is changed without prior written notice to Sponsor.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE PRIZE WINNER AGREES THAT THE PRIZE WON IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
DISPUTES, ARBITRATION: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF ILLINOIS, WITHOUT REGARD TO ITS CONFLICTS OF LAW PRINCIPLES. THE REMEDY FOR ANY CLAIM BROUGHT BY AN ENTRANT IN THIS SWEEPSTAKES SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10 US), AND IN NO EVENT SHALL ENTRANT BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY'S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
Except where prohibited by law, any and all disputes, claims, and causes of action between an Entrant and any Released Party arising out of or connected with this Sweepstakes or any Prize awarded, or the determination of the Prize Winner, must be resolved individually, without resort to any form of class action or class-wide arbitration. Except for disputes where a Released Party is seeking a preliminary injunction, any and all disputes and claims relating to this Sweepstakes must be resolved by submission to individual arbitration under the Commercial Arbitration Rules of the American Arbitration Association and, by entering the Sweepstakes, all Entrants expressly waive the right to trial by jury. The arbitration must be conducted in Cook County, Illinois, in the English language, and before three arbitrators appointed in accordance with the Commercial Arbitration Rules. Each party agrees to and will pay one-half of the costs of the arbitration, and Entrant will be responsible for his or her own attorney's fees. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive, exemplary, consequential or incidental damages. Any dispute, claims, and arbitration proceedings must at all times be kept confidential, except to the extent necessary to enforce or collect the arbitration award or except as the parties agree in writing. Each Entrant agrees that any action at law or in equity relating to the arbitration provision of these Official Rules must be filed only in the state or federal courts located in Cook County, Illinois, and hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action.
By participating in the Sweepstakes, Entrant agrees to allow Sponsor and/or Sponsor's designee the perpetual right to use the Photograph and Entry Post, his/her name, biographical information, photos and/or likeness, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law. Nothing contained in these Official Rules obligates the Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use.
Entrants further agree to not damage or cause interruption of the Sweepstakes and/or prevent others from using the Sweepstakes. Sponsor reserves the right to restrict or void online entries or participation from any IP address if any suspicious entry and/or participation are detected. If Sponsor determines at any time in its sole discretion that a winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. If any person supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. If any provision of these Official Rules is held unlawful, void, or for any reason unenforceable by a court or arbitrator of competent jurisdiction, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor's failure to insist upon or enforce strict performance of any provision of these Official Rules shall not be construed as a waiver of any provision or right. No waiver of any term or condition of these Official Rules shall be deemed a further or continuing waiver of such term or condition or any other term or condition. EACH ENTRANT ACKNOWLEDGES THAT IF HE/SHE IS CHOSEN AS THE WINNER, CERTAIN OF HIS/HER IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES AT LEAST AS REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON THE WINNERS LIST. In the event of a dispute concerning who enters using the Registration Process, the entry will be declared to have been made by the registered account holder of the e-mail address submitted during the Registration Process, but only if that person meets all other eligibility criteria. A registered account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the Instagram account. The potential Prize Winner may be required to provide Sponsor with proof that he/she is the registered account holder for the e-mail address submitted during the Registration Process. If any dispute regarding who submitted an entry cannot be resolved to Sponsor’s satisfaction, in its sole discretion, the entry will be deemed ineligible. Any damage made to any Platform will be the responsibility of the registered account holder of the e-mail address associated with the Instagram Platform account used to make an Entry Post, where applicable. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
WINNER'S LIST/OFFICIAL RULES To find out who won, individuals should print their name and address on a 3"x 5" card, and mail it in an envelope (first-class, postage-paid) to: Portillo’s Marketing Department, Meat Up Photo Sweepstakes Winners, 2001 Spring Rd. Suite 400 Oak Brook, IL 60523. Requests for winner information must be received no later than three (3) months after the Sweepstakes Period. For a copy of these Official Rules, during the Sweepstakes Period, visit http://www.portillosmeatup.hscampaigns.com or send a legal-size, self-addressed, stamped envelope to Portillo’s Marketing Department, Meat Up Photo Sweepstakes Winners, 2001 Spring Rd. Suite 400 Oak Brook, IL 60523. Only one (1) request of either type per outer envelope, mailed separately, will be fulfilled. Vermont residents may omit return postage with Official Rules requests.
Sponsored by Portillo’s Hot Dogs, LLC. 2001 Spring Rd. Suite 400 Oak Brook, IL 60523
Entrants specifically release Portillo’s Hot Dogs, LLC, its affiliates, subsidiaries and parent companies, officers, directors, members and employees, as well as Instagram and Facebook (“Released Parties”) from any and all liability associated with this Sweepstakes. This Sweepstake is in no way sponsored, endorsed, or administered by, or associated with Instagram, Facebook and/or any other social media platform.