Uncle Tetsu’s Taste Tester Instagram Story Photo Contest
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE THE CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW. BY ENTERING, ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE JUDGES, WHICH SHALL BE FINAL IN ALL RESPECTS.
Uncle Tetsu’s Taste Tester Instagram Story Photo Contest (the “Contest”) starts on August 31, 2019 at 10:00 AM Pacific Standard Time (“PST”) and ends on October 26, 2019 at 11:59 AM PST (“Contest Period”).
ELIGIBILITY: Contest is open to legal residents of the 50 United States and the District of Columbia. Employees of Panda Restaurant Group, Inc. (“Sponsor”), and their respective parents, subsidiaries, affiliates, promotion and advertising agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) or persons living in the same household (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Contest), whether or not related, of such employees, are not eligible to enter or win. Void where prohibited by law. Contest is subject to all applicable federal, state and local laws.
HOW TO ENTER: To enter the Contest, simply use Instagram to upload a creative photo on your Instagram story and tag @uncletetsu_us. The Instagram story photo must include the Uncle Tetsu taste tester card and your reason for why you should be part of an exclusive group of Uncle Tetsu taste tasters (collectively, “Entry”). All Entries must be received by 11:59 AM PST on October 26, 2019 to be considered. No purchase or payment of any kind is necessary to enter or win. A purchase will not increase the chance of winning. By entering the Contest, you agree that Uncle Tetsu can reshare your Instagram story as well as take and store a screenshot of your Instagram story photo. Entries generated by script, macro or other automated means and entries submitted by any means or practices which subvert the entry process are void. Limit one (1) Entry per person, and per household. Entries received from any person or household in excess of the limitation will be void.
REQUIREMENTS OF ENTRIES:
Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:
- is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
- is obscene or offensive; endorses any form of hate or hate group;
- defames, misrepresents or contains disparaging remarks about other people or companies;
- contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others (with the exception of the Uncle Tetsu Assets (as defined below))
- contains any personal identification, such as personal names, e-mail addresses or street addresses;
- contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media) (with the exception of the Uncle Tetsu Assets)
- contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
- contains look-alikes of celebrities or other public or private figures, living or dead;
- communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or
- violates any law.
Entry must be the original work of the entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties (e.g. images of your friends), the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render Entry null and void. By submitting an Entry, entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Entry consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein.
By submitting an Entry, entrant hereby grants permission for the Entry to be posted on Instagram, other social media platforms, and any websites. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Entries by third parties. Released Parties do not guarantee the posting of any Entry. Entrants agree that they will not use the Entry for any other purpose, including, without limitation, posting the Entry to any online social networks, without the express consent of Sponsor in each instance.
To the extent we are able and if applicable, Sponsor grants to eligible entrants a limited, revocable, non-sublicensable, license to use the image of the Uncle Tetsu taste taster card, any purchased Uncle Tetsu item, and Uncle Tetsu logo (collectively, the “Uncle Tetsu Assets”) for the sole purpose of creating and submitting an Entry for review and assessment in this Contest. Entrants may make no further use whatsoever of the Uncle Tetsu Assets or the Entry for any purpose whatsoever. In addition, entrant recognizes all of the right, title, and interest in the Uncle Tetsu Assets as well as all derivative works created using the Uncle Tetsu Assets (including the Entry) shall vest exclusively to the Sponsor, and entrant must not take and agrees not to take any action that might harm or adversely affect such rights. No right, title, or interest in and to the Uncle Tetsu Assets except for the limited license granted to entrant in these Official Rules is transferred or created.
By submitting an Entry, each entrant acknowledges and agrees that Sponsor may obtain many Entries in connection with this Contest and/or other promotions staged and/or promoted by the Sponsor, and that such Entries may be similar or identical in theme, idea, format or other respects to other Entries made in connection with this Contest and/or other promotions promoted by Sponsor or submitted for other reasons, or to other materials developed by the Sponsor. Each entrant waives any and all claims that any Entry and/or other works accepted, reviewed and/or used may be similar, or that any compensation is due to any entrant in connection with such Entry or other works used by Sponsor.
JUDGING CRITERIA: Sponsor will evaluate each Instagram photo story based on: (1) quality of the photo (30%); (2) persuasiveness of reason (30%); and (3) creativity of the photo (40%). Sponsor will pick ten (10) winners from among all eligible Entries received during the Contest Period. Odds of winning depend on number of eligible Entries received. The winner is deemed to be a potential winner pending verification of his/her eligibility and compliance with these Official Rules as determined by Sponsor, at Sponsor’s sole discretion.
WINNER NOTIFICATION: Winners will be announced on Monday, October 14, 2019 at 9:00 AM PST. Potential winners will be notified by Instagram messaging and may be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law) and any other documents required by Sponsor, which must be returned within five (5) days of date appearing on prize notification. Failure to sign and return requested documentation within the specified time period or the inability of Sponsor to contact a potential winner within a reasonable time period or noncompliance with these Official Rules by any potential winner will result in disqualification at Sponsor’s sole discretion. If any potential winner at least 18 years of age but is still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winners set forth herein. Sponsor’s decisions are final and binding on all matters relating to this Contest.
Winners of the Contest will be invited to join as one of the first members of an exclusive Uncle Tetsu taste testing group where they can get opportunities to taste test Uncle Tetsu products in selected California Uncle Tetsu locations. Test tasting opportunities are not transferrable.
GENERAL CONDITIONS: By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor and judges, which shall be final and binding in all respects relating to this Contest; (b) to release, discharge and hold harmless Sponsor, and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Contest or any Contest-related activity or the acceptance, possession, use or misuse of any awarded prize; and (c) to the use of his/her name, voice, performance, photograph/video, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. By participating, entrant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Contest without the prior consent of the Sponsor, which it may withhold in its sole discretion. Sponsor reserves, at its sole and absolute discretion, the right to change or modify any of the Official Rules of this Contest at any time with or without notice.
OWNERSHIP/USE OF ENTRIES: By submitting an Entry, each entrant agrees Sponsor shall own the Entry submitted (including the copyright thereto and all rights embodied therein) and that it and its designees may exploit, edit, modify, and distribute the Entry and all elements of such Entry, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission or notification to entrant or any third party.
LIMITATIONS OF LIABILITY AND RELEASE. Panda and its Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of Entries, the tabulation of numbers, the announcement of the prizes, the incorrect uploading of the photo, or in any Contest-related materials. Panda and its Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Panda and its Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in the Contest or downloading materials from or use of the website. Panda reserves the right, at its sole discretion, to disqualify any Entrant deemed to be: (a) tampering or attempting to tamper with or abuse any aspect of the entry process or operation of the Contest or Contest-related website, (b) who act in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; (c) who are in violation of these Official Rules; (d) or violating the website terms of service, conditions of use and/or applicable general rules or guidelines as solely determined by Panda, will be disqualified and all associated Entries will be void. Should any portion of the Contest be, in Panda’s sole opinion, compromised by virus, worms, bugs, tampering, non-authorized human intervention, fraud, technical failures, or other causes which, in the sole opinion of the Panda, corrupt or impair the administration, security, fairness or proper conduct of the Contest, or submission of Entries, Panda reserves the right at its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winners from all eligible, non-suspect Entries received prior to action taken using the judging procedure outlined above. Panda and its Released Parties are also not liable in the event that any portion of the Contest, event or the event of any announcement is late, delayed or intercepted due to weather, fire, strike, acts of war or terrorism, or any other condition beyond our control (a “Force Majeure Event”). Should a Force Majeure Event occur, Panda may, but is not obligated to, exercise commercially reasonable efforts to make an announcement at another time or make a reasonable substitution in its sole discretion. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE, DESTROY, TAMPER, HACK, OR VANDALIZE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PANDA RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES (INCLUDING ATTORNEYS’ FEES) AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
ARBITRATION. Except where prohibited by law, as a condition of participating in the Contest, Entrant agrees that (1) any and all disputes and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held in Los Angeles, California; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Entrant's actual out-of-pocket expenses (i.e., costs associated with participating in the Contest), and Entrant further waives all rights to have damages multiplied or increased.
CHOICE OF LAW. All issues, questions, or claims relating in any manner concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrant and Panda in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of California.
EVERABILITY. If any provision(s) of the Contest is held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
Request for Winners’ List: For a list of winners (available after October 14, 2019), send a self-addressed, stamped, envelope by October 21, 2019 to: Attn: Uncle Tetsu - Taste Testing Winners, 1683 Walnut Grove Avenue, Rosemead, CA 91770.
SPONSOR: Panda Restaurant Group, 1683 Walnut Grove Avenue, Rosemead, CA 91770.