Bertucci’s #TucciTuesday Sweepstakes
Official Rules 2018
1. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
The Approximate Retail Value of the Prize to be awarded in this Contest is twenty-five dollars ($25). One such Prize shall be awarded. The odds of winning depend upon the number of entries received. Further details follow.
3. Sweepstakes Period/Description: The Sweepstakes begins at the time of the #TucciTuesday social media posting on Tuesday of a given week, and ends at 11:59:59 PM (ET) on Sunday, (the “Sweepstakes Period”). Each post on each social media channel (i.e., Facebook, Twitter, Instagram) initiates a separate Sweepstakes.
5. Prize Details and Drawing: On or about one (1) business day after the Sweepstakes Period has ended, Administrator shall perform a prize random drawing (the ”Prize Drawing”) from among all eligible entries received throughout the entire Sweepstakes Period, in order to select one potential Prize Winner for that Sweepstakes. Once confirmed, as detailed below, the Prize Winner will receive a $25 Gift Card to Bertucci’s Italian Restaurant (the “Prize”).
The Approximate Retail Value (“ARV”) of each Prize is twenty-five dollars ($25). The total ARV of all prizes awarded in each weekly Sweepstakes is $25. Each Prize is subject to the terms of the conditions of the gift card itself. Prizes cannot be substituted, assigned, or transferred; except at Sponsor’s sole discretion or as otherwise provided herein. Sponsor will not replace any lost or stolen Prizes once in Prize Winner’s possession. Each Prize is taxable as income and each Prize Winner is solely responsible for all applicable federal, state and local taxes, including taxes imposed on the Prize Winner’s income. No more than the stated number of Prizes set forth in these Official Rules will be awarded. All Prizes will be awarded.
The decisions of Administrator and Sponsor are final and binding on all matters relating to this Sweepstakes. Odds of winning a Prize are dependent upon the total number of eligible entries received during the entire Sweepstakes Period. In no event, will Sponsor be responsible for awarding more than the stated number of Prizes herein. The Prize restrictions/conditions stated herein are not all-inclusive. No transfer, substitution or cash equivalent for a prize, in whole or in part, will be permitted, except at Sponsor’s sole discretion due to Prize unavailability for any reason. All Prize details are at Sponsor’s sole discretion, and are subject to change.
6. Prize Winner Notification/Verification: The potential Prize Winner is not an official winner unless and until Sponsor confirms such. The potential Prize Winner will be notified via the social media channel in which he or she commented or reacted to the Sweepstakes-initiating post, in accordance with the contact information provided at the time of entry, on or about one (1) business day after the Prize Drawing. Administrator will make two (2) attempts to contact the potential Prize Winner via such method. Potential Prize winner will have twenty-four (24) hours from the time of the first notification attempt to respond to Administrator or else Administrator will move on and select/notify an alternate potential Prize Winner. Sponsor is not responsible for suspended or discontinued wireless service or changed email or mailing address which may result in a potential Prize Winner not receiving initial prize notification. Once contact is made, potential Prize Winner may be asked to confirm certain information for verification purposes, may be required to provide certain information for fulfillment purposes (i.e. physical or email address), and/or will be provided further information for prize acceptance/receipt purposes (i.e. mail, email, pick-up). Potential Prize Winner will have an additional twenty-four (24) hours to do such, or else may be disqualified and an alternate potential Prize Winner will be selected. If the potential Prize Winner fails to respond in the time period specified above, if any notification or notification attempt is returned as undeliverable or as an error, or a potential Prize Winner declines their prize, then the prize may be forfeited and an alternate potential Prize Winner will be selected, at the Sponsor’s sole discretion. By entering or being selected as a potential Prize Winner, all participants and potential/confirmed winners hereby consent to the use by the Released Parties of Prize Winner’s entry and all information contained therein including but not limited to, name, likeness, opinions, images, statements and/or other indicia of persona, and personally identifiable information (collectively “Likeness”), for any and all uses and purposes (including, without limitation, for purposes of advertising and trade) in any media now known or hereinafter developed in any manner throughout the world (including, without limitation, the World Wide Web and on-air) in perpetuity without additional consideration (where legal), consent or prior review, and upon request will provide written consent to such use. All decisions of Sponsor and Administrator relating to the Sweepstakes are final.
7. General Terms: Noncompliance with any of these Official Rules may result in disqualification. ANY VIOLATION OF THESE OFFICIAL RULES BY PARTICIPANTS OR PRIZE WINNERS OR ANY BEHAVIOR BY A PRIZE WINNER THAT WILL BRING SPONSOR INTO DISREPUTE (IN SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH PRIZE WINNER’S DISQUALIFICATION AND ALL PRIVILEGES WILL BE IMMEDIATELY TERMINATED. Released Parties assume no responsibility for incorrect or inaccurate entry information whether caused by any of the equipment or programming associated with or utilized in this Sweepstakes or by any human error, which may occur in the processing of the entries in this Sweepstakes. Released Parties are not responsible for any problems or technical malfunction of any telephone or wireless network or lines, computer online systems, servers or other services, or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including, without limitation, any injury or damage to participant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Sweepstakes or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes, fulfillment of prizes, or in any Sweepstakes-related materials. If, for any reason, the Sweepstakes (or any portion thereof) is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes (or any portion thereof). Should the Sweepstakes (or any portion thereof) be terminated prior to the stated expiration date, notice will be posted as Sponsor sees fit, and any unawarded prizes will be awarded via random drawing from among all non-suspect, eligible entries received up until and or after (if applicable) the time of modification, cancellation or termination or in a manner that is fair and equitable as determined by Sponsor. All interpretations of these Official Rules and decisions by Sponsor are final. No software-generated, robotic, programmed, script, macro or other automated entries are permitted. Sponsor reserves the right in Sponsor’s sole discretion to disqualify any individual (and void all associated entries) they suspect or find: (i) to have used a software-generated, robotic, programmed, script, macro or other automated entry or any other means to subvert the entry process; (ii) to have tampered with the entry process or the operation of this Sweepstakes; (iii) to be acting in violation of these Official Rules; (iv) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (v) to have provided inaccurate information on any legal documents submitted in connection with this Sweepstakes. By participating in this Sweepstakes, you acknowledge that the Sweepstakes is in no way sponsored, endorsed, administered, by, or associated with the social media channel in which it was promoted (i.e., Facebook, Twitter, Instagram). CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
8. Choice of Law: THE MASSACHUSETTS COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE SWEEPSTAKES AND THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS SHALL GOVERN THE SWEEPSTAKES. EACH PARTICIPANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS.
9. Limitations of Liability: By participating in this Sweepstakes you agree that the Released Parties, as well as the social media channel in which the Sweepstakes was promoted (i.e., Facebook, Twitter, Instagram) (a) shall not be responsible or liable for, and hereby release the Released Parties from, any claims, losses, damages or injuries of any kind (including death) resulting, in whole or in part, directly or indirectly, from participation in the Sweepstakes or any Sweepstakes-related activity, or from acceptance, receipt, possession and/or use/misuse or inability to use a prize, and (b) have not made any warranty, representation or guarantee, express or implied, in fact or in law, with respect to a prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Released Parties shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (1) by any wrongful, negligent or unauthorized act or omission on the part of any of their agents, servants, employees or independent contractors; (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties; or (3) by any other cause, condition or event whatsoever beyond the control of the Released Parties. Failure of Sponsor to enforce any provision herein shall not be deemed a waiver of such. Sponsor reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND BY PARTICIPATING IN THE SWEEPSTAKES YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO ANY PARTICIPANT OR PRIZE WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO THE INDIVIDUAL PARTICIPANT IN THIS SWEEPSTAKES.
10. Disputes: By participating in the Sweepstakes, each entrant agrees that: (1) any controversy or claim arising out of or relating to (i) the Sweepstakes, (ii) the awarding or redemption of any Prize and/or (iii) the determination of the scope or applicability of these Official Rules or their enforcement, arbitrability or interpretation (each, a “Claim”) entrant may have against the Sponsor or Administrator 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; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Massachusetts; (4) the arbitrator’s decision shall be controlled by the terms and conditions of this Agreement and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Sweepstakes; (5) the arbitrator shall apply Massachusetts law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) 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; (7) the arbitrator shall not have the power to award punitive damages against the entrant, Sponsor, or Administrator; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor or Administrator exceed $125, 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. In addition, 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 (9) with the exception of subpart (6) 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 (6) 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.
11. Request for the Name of Winners and/or Official Rules: For the name and city or town of residence of the Prize Winner, as well as the date of receipt and value of the prize received, available after the Sweepstakes Period has ended send a self-addressed stamped envelope, to be received within three (3) months of the weekly Sweepstakes end, to Bertucci’s Corporation, 155 Otis Street, Northborough, MA 01532, attn: Sweepstakes Information. Please indicate the date(s) of the social media post, as well as whether the post was to Facebook, Twitter, or Instagram, initiating the sweepstake(s) for which you wish to receive name(s) names of Prize Winner(s).
12. Participant’s Personal Information: By entering this Sweepstakes, Sponsor will be collecting non-personally identifiable data about Participants. Sponsor may also collect a Participant’s name, mailing address, and telephone number. Sponsor uses this information to administer participation in the Sweepstakes. At the time you are entering the Sweepstakes, Sponsor may ask for your email address and for your permission to send you future marketing information from Sponsor. If you wish to later opt-out of these emails, you can do so by checking the unsubscribe button on the email. All other information collected from Participants’ (including but not limited to the Participant’s gender and any other demographic information) is collected for analysis purposes only.
Bertucci’s is dedicated to protecting your privacy. You can contact Bertucci’s or otherwise communicate your privacy concerns by:
- Calling: 703-348-7822
- Emailing: firstname.lastname@example.org
- Writing at the address below (please include your e-mail address and telephone number (including area code) with your correspondence along with the information needed to support your request).
13. Sponsor: Bertucci’s Corporation, 155 Otis Street, Northborough, MA 01532.
14. Administrator: LRG Works, c/o Bertucci’s, 155 Otis Street, Northborough, MA 01532