NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE THE CHANCE OF WINNING. VOID WHERE PROHIBITED. BY ENTERING, ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE JUDGES, WHICH SHALL BE FINAL IN ALL RESPECTS.
#MyKindOfComfortContest Social Contest (the “Contest”) starts on Sept 12, 2017 at 12:00 AM Pacific Time (“PT”) and ends on Sept 29, 2017 at 11:59 PM PT (“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: During the Contest Period, produce a photo or animated GIF that shows you in your moment of comfort with a caption describing that moment with #MyKindOfComfortContest. No purchase or payment of any kind is necessary to enter or win. A purchase will not increase the chance of winning. To enter the Contest, simply use Instagram or Twitter to upload your photo to your own account and use the hashtag, #MyKindOfComfortContest, to be considered for entry. Photo must be submitted in JPG, PNG, or GIF format and cannot exceed 20 MB in size. All Entries must be received by 11:59 PM PT on September 29, 2017 to be considered a submitted “Entry” (or collectively “Entries”). 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. All Entries become the sole property of the Sponsor and will not be returned.
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 Panda Express 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 Panda Express 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 campaign associated websites such as, but not limited to WongFuProductions.com, PandaExpress.com/WongFu, or other websites or social platforms. 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.
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.
WINNER SELECTION: From September 30-October 6, 2017, Sponsor will randomly select three (3) fans, each a “Winner” from among all eligible Entries received during the Contest Period. 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. Odds of winning depend on the number of eligible Entries received.
WINNER NOTIFICATION: Sponsor’s decisions are final and binding on all matters relating to this Contest. Potential Winners will be notified by Twitter, Instagram, telephone, mail and/or email 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. Return of prize or prize notification as undeliverable, failure to sign and return requested documentation within the specified time period, 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 and, at Sponsor’s sole discretion, the prize may be awarded to a runner-up. If any Potential Winner at least 18 but 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.
Prize(S): A total of three (3) prizes are available. Each Winner will receive an in-person “Meet & Greet” with Wong Fu Productions where-in he/she shall be gifted certain prizes, which may include, but may not be limited to, a Panda Express catered meal for up to four (4) individuals, Wong Fu Productions merchandise, and other prizes. Winner will also receive an opportunity to participate in the “My Kind Of Comfort” production experience and may have such experience documented by Wong Fu Productions (“Events and Productions Experience”). Such Meet & Greet shall occur at a time and location determined by Sponsor. Sponsor and Wong Fu Productions will travel to Winner to Meet & Greet at a mutually agreed upon location, at no expense of the Winner, within the 50 United States and/or District of Columbia, on a date & time to be designated during Fall 2017. Meet & Greet will be approximately 60 minutes but no longer than 120 minutes.
As a condition of receiving the Prize, the Winner must be willing to participate in an Event and the Productions Experience and hereby authorizes Contest Entities (as defined here and after) to use, reproduce, distribute, perform and display such Productions in any and all media now known or hereafter devised, including but not limited to Social Media channels such as Twitter, Instagram, Facebook, Snapchat, and YouTube.
Further instructions regarding the Event and Productions Experience will be provided by the Sponsor upon Winner confirmation. The results and proceeds of such Event and Productions Experience shall be the exclusive property of Sponsor. Sponsor shall have no obligation (express or implied) to use any Event materials, or to otherwise exploit any Event materials or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of any Event materials for any reason, with or without legal justification or excuse, and the Winner shall not be entitled to any damages or other relief by reason thereof.
If the Event and/or the Production Experience does not or cannot take place as scheduled or at all, for reasons included but not limited to scheduling conflicts, cancellations, postponement, or for any other reason, the Winner will receive a suitable prize as provided by Sponsor at their sole discretion.
Travel must take place on dates designated by Sponsor. Sponsor and Wong Fu Productions will work with Winner to select a mutually agreeable date. The dates of departure and return are subject to change at Sponsor’s sole discretion. All prize details are at the sole discretion of Sponsor.
Sponsor reserves the right to change travel dates and to substitute any or all of these portions of the prize for a prize of comparable or greater value should they become unavailable or impractical for any reason. ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. If the actual value of any prize is less than the Actual Retail Value stated herein, the Winner will NOT be entitled to a check, cash or other form of payment for the price difference. Winner cannot assign or transfer the prize to another person, except as approved by Sponsor, as determined in its sole discretion. Other restrictions may apply. All portions of the prize are awarded WITHOUT WARRANTY OF ANY KIND, express or implied, without limitation. No prize substitution or cash alternative is allowed except at the sole discretion of Sponsor. Any depictions of prizes are for illustrative purposes only. Other restrictions may apply.
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.
MATERIALS/RIGHTS IN SUBMISSIONS/PUBLICITY RIGHTS: In consideration of a Submission being reviewed and evaluated for this Contest, each Entrant (including each Potential Winner and Winner) hereby grants to the Sponsor, and its affiliates, wholly owned subsidiaries, designees, licensees, successors and assigns (“Contest Entities”), the non-exclusive, perpetual, royalty-free, irrevocable, fully paid, universal right and license to use, license, distribute, incorporate, broadcast, telecast, webcast, distribute, re-use, publish, re-publish, perform, edit, transmit, composite, morph, scan, duplicate, create derivative works of or alter, sell, and otherwise exploit (a) such Submission (and to permit others to do the same), or any portion thereof, (b) to the extent applicable any information or content, including name, biographical or personal data, image, likeness and voice, included in any Submission submitted by Entrant in connection with the Contest; and (c) all Production elements, graphics, photos, voice recordings, statements, quotations and any other creative materials (including the Submission and Production elements) of or by the Entrant, Potential Winner and/or Winner as part of this Contest (collectively the “Materials”), in any media now known or hereafter devised, including, but not limited to, all forms of electronic media, print media and all forms of internet and wireless protocol. Each Entrant (including each Potential Winner and Winner) understands that his or her name and other Materials may be posted on the Sponsor’s website, social media channels or elsewhere in any media in the Contest Entities’ sole discretion. Entrant agrees that the Sponsor has no obligation to post a Submission or any Materials on Sponsor’s website or elsewhere. Each Entrant (including each Potential Winner and Winner) agrees and acknowledges that participation in the Contest, including, without limitation, the decision to post any Submissions for purposes of the Contest, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Contest Entities and Entrant, Potential Winner or Winner does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to the Submissions, and that the only contracts, express or implied, are as set forth in these Official Rules, and the Prize Acceptance Form (as described above). In addition, by participating in the Contest and providing any Submissions, each Entrant (including each Potential Winner and Winner) hereby grants permission (except where prohibited by law) for the Sponsor and its designees, licensees, successors and assigns to use Submissions, name, likeness, voice, quotes, comments, biographical information, photograph and/or image for the purpose of advertising, trade, or promotion without further compensation or consideration or permission or notification in any and all media now known or hereafter developed throughout the universe in perpetuity.
LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by the Sponsor, and their respective parents, subsidiaries, affiliates, promotion and advertising agencies resulting from any user's participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with participating in the Contest. No responsibility or liability is assumed by the Sponsor, and their respective parents, subsidiaries, affiliates, promotion and advertising agencies for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the website in whole or in part for any reason; traffic congestion on the Internet or the website; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. The Sponsor, and their respective parents, subsidiaries, affiliates, promotion and advertising agencies are not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the website. Use of website is at user’s own risk. The Sponsor, and their respective parents, subsidiaries, affiliates, promotion and advertising agencies are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Contest, use of the website or the download of any information from the website. By participating in the Contest, the entrant releases Sponsor, and their respective parents, subsidiaries, affiliates, promotion and advertising agencies from any and all claims, damages or liabilities arising from or relating to such entrant’s participation in the Contest. By accepting a prize in the Contest, Winners agree that the Sponsor, and their respective parents, subsidiaries, affiliates, promotion and advertising agencies shall not be liable for any loss or injury resulting from participation in the Contest, acceptance or use of any prize, or any travel related thereto. Sponsor, and their respective parents, subsidiaries, affiliates, promotion and advertising agencies are 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, Sponsor 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.
MISCELLANEOUS: 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 votes, the announcement of the prizes, the incorrect uploading of the photo, or in any Contest-related materials. 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. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Sponsor reserves the right, at its sole discretion, to disqualify any individual 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 Sponsor, will be disqualified and all associated Entries will be void.
Should any portion of the Contest be, in Sponsor’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 Sponsor, corrupt or impair the administration, security, fairness or proper conduct of the Contest, or submission of Entries, Sponsor 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. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE, DESTROY, TAMPER 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, SPONSOR 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 this Contest, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this 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 at the AAA regional office nearest the participant; (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 participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with participating in this Contest), and participant 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 participant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of California, USA.
Request for Winners’ List: For a list of winners (available after 10/06/17), send a self-addressed, stamped, envelope by 10/06/2017 to: #MyKindOfComfortContest c/o International Secret Agents 5200 West Century Blvd, #708, Los Angeles, CA 90045
SPONSOR: Panda Restaurant Group, 1683 Walnut Grove Avenue, Rosemead, CA 91770.