Last Updated: April 1, 2019
- Use of the Services
- Updates. You understand that the Properties are evolving. As a result, Friendly’s may require you to accept updates to the Properties that you have installed on your computer or mobile device. You acknowledge and agree that Friendly’s reserves the right, in its sole discretion, to modify the Properties from time to time, with or without notice. You may need to update third-party software from time to time in order to use the Properties.
- Friendly’s Products. The Properties enable Friendly’s to offer various food, beverage and other related products (“Products”) to you and other users. The Products advertised or otherwise made available for purchase on the Properties are determined solely by Friendly’s, and Friendly’s shall have no liability to you for any modification, unavailability or discontinuation of any Products.
- Delivery Services. Any delivery service you use, as provided at the option of Friendly’s, is at your sole discretion and Friendly’s shall have no liability to you for any delivery-related issues.
- Third Parties. The Properties may contain links to websites, pages, accounts or other electronic media (including tools and functions) owned or controlled by parties other than Friendly’s (including co-branded websites). Such links are provided for your reference and convenience only. We do not control such websites or media and are not responsible for their contents, functions or the privacy or other practices of such websites. You agree that you interact with third parties at your sole risk and that your relationship with those parties will be governed by their terms and policies. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Properties or other websites, applications or sources) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of links to such websites or media does not imply any endorsement of the material or functionality on or of such websites or media or any association with their operators.
- Eligibility and Registration
- Registration Data. In registering for the Services, you agree to (i) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Properties by minors. You may not share your Account or password with anyone, and you agree to notify Friendly’s immediately of any unauthorized use of your password or any other breach of security and exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Friendly’s has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Friendly’s has the right to suspend or terminate your Account and refuse any and all current or future use of the Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an Account or use the Properties if you have been previously removed by Friendly’s, or if you have been previously banned from any of the Properties.
- Payment and Billing
You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms from Friendly’s or any third party acting on its behalf (e.g., a delivery service company) and in effect at the time a fee or charge is due and payable. You must provide Friendly’s with a valid credit card accepted by us, charge card, Friendly’s-specific gift card or Friendly’s-specific cash card (“Payment Provider”). You acknowledge and agree that for each order you place through the Service, the full cost of Products you order will be assessed against your Payment Provider. You acknowledge and agree that a command originating from your Account constitutes an authorization for the Service to charge the designated amount and you assume all liability for, and shall promptly pay, any and all such charges. Without limiting the foregoing, you acknowledge and agree that you will pay assessed charges for any and all orders placed from your Account. The Service will provide you with reasonable notice of any material modification in the fees charged for the Products, which notice may be provided by posting the new fee schedule on the Website. You agree to immediately notify Friendly’s of any change in your billing address or the credit card used for payment hereunder.
- Refund Policy
You acknowledge that Friendly’s is not responsible for full or partial refunds on purchases of Products or related order fulfillment charges, including any associated delivery-related charges. Addressing customer requests for refunds on purchases of Products will be the sole responsibility of the Friendly’s location at which the order was placed in accordance with such location’s refund policies. Contact the location directly with the phone number provided as soon as possible to request a full or partial refund.
- Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE PROPERTIES IS AT YOUR OWN RISK. THE PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FRIENDLY’S EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. FRIENDLY’S MAKES NO WARRANTY THAT THE PROPERTIES OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT THE PROPERTIES OR PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY PRODUCTS YOU OBTAIN THROUGH USE OF THE SERVICES IS DONE AT YOUR OWN RISK, AND FRIENDLY’S MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FRIENDLY’S OR THROUGH THE PROPERTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- Limitation of Liability
- Intellectual Property Ownership
The content and information on the Properties (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material) (collectively, the “Content”), as well as the infrastructure used to provide such Content, is proprietary to Friendly’s. You agree that Friendly’s and its suppliers own all rights, title and interest in the Properties, including without limitation all Content, trademarks, brand names, and logos therein. All such material is protected by relevant intellectual property laws, including copyright, trademark, patent and/or trade secret laws. Such material may not be modified, reproduced, transmitted, sold, offered for sale, publicly displayed, or redistributed in any way without Friendly’s prior written permission and the prior written permission of any other applicable rights licensor. All trademarks, brands, slogans and other indicia of origin (“Marks”) that appear on or in connection with the Properties or Products are the property of Friendly’s and/or its affiliates, licensors and/or licensees. You are not authorized to use any such Marks.
- App Stores
- Arbitration Agreement; Class Waiver; Waiver of Trial by Jury
Please read this Section 11 (“Arbitration Agreement”) carefully. It is part of your contract with Friendly’s and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Friendly’s should be sent to: FIC Restaurants, Inc., 1855 Boston Road, Suite 200, Wilbraham, MA 01095, Attn: General Counsel. After the Notice is received, you and Friendly’s may attempt to resolve the claim or dispute informally. If you and Friendly’s do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
- Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The non-appearance arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
- Time Limits. If you or Friendly’s pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
- Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Friendly’s in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND FRIENDLY’S WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
- Confidentiality. All aspects of the arbitration proceeding, including, but not limited to, the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek emergency equitable relief as set forth below.
- Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Arbitration Agreement.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Friendly’s.
- Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
- Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within the Hampden County, Massachusetts, for such purpose.
- Choice of Law
You may give notice to Friendly’s only at the following address:
FIC Restaurants, Inc.
1855 Boston Road, Suite 200
Wilbraham, MA 01095
Attn: General Counsel
Such notice shall be deemed given when received by Friendly’s by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
- Export Control.
You may not use, export, import, or transfer the Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Properties, and any other applicable laws. In particular, but without limitation, Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Friendly’s are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Friendly’s products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
- Electronic Communications
You also confirm that your web browser meets the following requirements:
- Current version of Firefox
- Current version of Google Chrome
- Internet Explorer 9 (minus one version, i.e., it is compatible only with the previous version, but not necessarily before that) or later
If our requirements change, we will post to the Website the updated requirements. Continuing to use the Website after posting of the changes to the Website is reaffirmation of your consent.
- Reviews, Comments and Use of Other Interactive Areas
Please be aware that by submitting any message, data, information, text, music, sound, photos, graphics, code or any other Content to any of the Properties by electronic mail, postings on the Website, or other social network platforms operated by Friendly’s, including any questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you are certifying that you are the rightful owner or licensee of the Submission, that you are at least 18 years old, and you grant Friendly’s a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that Friendly’s may choose to provide attribution of your comments or reviews at our discretion. You further grant Friendly’s the right to pursue at law any person or entity that violates your or Friendly’s rights in the Submissions. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
The Properties and/or Friendly’s social network platforms may contain discussion forums, bulletin boards, reviews or other means in which you or third parties may post Content, messages, materials or other items (“Interactive Areas”). If Friendly’s provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Properties or Interactive Areas any of the following:
- Any Submission that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Submissions that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Submissions that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Submissions that impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity, including Friendly’s;
- Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
- Private information of any third party, including, without limitation, surname (family name), addresses, phone numbers, email addresses, Social Security numbers, other identifying number, and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Any Submission that is unrelated to the topic of the Interactive Area(s) in which such Submission is posted; or
- Submissions or links to Content that, in the sole judgment of Friendly’s, (i) violate the previous subsections herein, (ii) are objectionable, (iii) restrict or inhibit any other person from using or enjoying the Interactive Areas or the Properties, or (iv) expose or could expose Friendly’s or its users to any harm or liability of any type.
Friendly’s takes no responsibility and assumes no liability for any Submissions posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Friendly’s liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Friendly’s is not liable for any statements, representations or Submissions provided by its users in any public forum, personal home page or other Interactive Area. Although Friendly’s has no obligation to screen, edit or monitor any of the Submissions posted to or distributed through any Interactive Area, Friendly’s reserves the right, and has absolute discretion to, or not to, remove, screen or edit without notice any Content posted or stored on the Properties at any time and for any reason.
If it is determined that you retain moral rights (including rights of attribution or integrity) in Submissions, you hereby declare that (1) you do not require that any personally identifying information be used in connection with the Submission, or any derivative works of or upgrades or updates thereto; (2) you have no objection to the publication, use, modification, deletion and exploitation of the Submission by Friendly’s or its licensees, successors and assigns; (3) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Submission; and (4) you forever release Friendly’s and its licensees, successors and assigns, from any claims that you could otherwise assert against any of them by virtue of any such moral rights.
- Digital Millennium Copyright Act Notice
Friendly’s respects the intellectual property rights of others. Friendly’s may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyrights or intellectual property rights of others.
If you believe your work has been copied and is accessible at the Website or Application, or other social network platforms operated by Friendly’s, in a way that constitutes copyright infringement, or that the Properties contains links or other references to another online location that contains material or activity that infringes your copyright, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512.
Our agent for notice of claims of copyright infringement on or regarding the Website can be reached by mail: FIC Restaurants, 1855 Boston Road, Suite 200, Wilbraham, MA 01095, Attn: General Counsel; by email: firstname.lastname@example.org; or by telephone: (413) 543-2400.
Please provide our agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Force Majeure.
Friendly’s shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
- Questions, Complaints, Claims, Web Hosting Service.
If you have any questions, complaints or claims with respect to a restaurant or restaurant services, please contact the restaurant at https://www.friendlysrestaurants.com/locate/ or Friendly’s help desk at email@example.com.
If you have any questions, complaints or claims with respect to the Properties, please contact Friendly’s customer service at firstname.lastname@example.org.
If you have an issue with the web hosting service, please contact Amazon Web Services at: https://aws.amazon.com/contact-us/.
- Consumer Complaints.
- General Terms.
SWEEPSTAKES OFFICIAL RULES
No purchase necessary to enter or win the Cheesy Selfie Giveaway. Must be 21 to enter. Void where prohibited by law. Certain restrictions apply. Sweepstakes begins at 12:00 AM Central Time (“CT”) on March 21, 2019 and ends at 11:59 PM CT on April 5, 2019. Odds of winning depend on number of entries received. Approximate ARV of all prizes: $500. Sponsored by FIC Restaurants, Inc., 1855 Boston Road, Suite 200, Wilbraham, MA 01095 (“Friendly’s). ONLINE ENTRY ONLY.
CHEESY SELFIE GIVEAWAY
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY AGREEMENT MAY BE REQUIRED.
- ELIGIBILITY AND SPONSOR:
Cheesy Selfie Giveaway (“Sweepstakes”) is open to legal residents of the fifty (50) United States (except Florida, New York, and Rhode Island) and Washington D.C., who are at least 21 years of age or older as of the start of the Sweepstakes Period (“Entrants”). The Sweepstakes Period begins at 12:00 am CT on March 21, 2019 and ends at 11:59 pm CT on April 5, 2019 (“Sweepstakes Period”). The Sweepstakes is void in Florida, New York, Rhode Island, Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, all other U.S. territories and possessions, and wherever else restricted or prohibited by law. The Sweepstakes is sponsored by FIC Restaurants, Inc., 1855 Boston Road, Suite 200, Wilbraham, MA 01095 (“Sponsor” or “Friendly’s”), with assistance from The Fantastical, LLC and HYFN, Inc. (collectively, “Sweepstakes Entities”). Employees and officers of the Sweepstakes Entities, their parents, subsidiaries, and affiliates, advertising and promotion agencies and all other entities participating in the design, promotion, marketing, advertising, administration or fulfillment of this Sweepstakes and their immediate families and persons living in the same household are ineligible to participate in the Sweepstakes. Employees and officers of Friendly’s and its franchisees, their parents, subsidiaries, and affiliates, and their immediate families and persons living in the same household are also ineligible to participate.
- ODDS. Odds of winning a prize depend on the number of eligible entries received.
- PRIZES: One (1) entrant will be chosen to receive fifty-two (52) free burger coupons. ARV of prize: $500. Entrants will be selected at random on the Drawing Date (“Selected Entrants”) and will be notified by private message through the Website, using the information provided in the entry on the same day or the day after the Drawing Date (“Notification”). Selected Entrants will be required to respond (as directed) within twenty-four (24) hours after Notification and provide shipping information to receive the prize. Selected Entrant’s failure to respond timely to the Notification may result in forfeiture of the prize, and in such case, Sponsor may randomly select an alternate Selected Entrant from among the remaining eligible entries. The Selected Entrants may be sent an affidavit of eligibility/liability/publicity release (“Release”). Except where prohibited by law, the Release will state that Selected Entrant agrees to allow Sponsor to use (without additional compensation) his or her name, address, photograph, testimonial, likeness and/or biographical information for purposes of advertising and promotion (including, without limitation, posting on Sponsor’s website(s) and affiliated website(s)). Selected Entrants may also be required to provide name, email address, proof of age, birth date, current address and phone number, and proof of residency. Unless restricted by law, the Selected Entrant will be required to complete and return the Release within the time period specified therein. The prize may be forfeited, and in such case, an alternate Selected Entrant may be randomly selected from among the remaining eligible entries if the Selected Entrant: (i) cannot be reached; (ii) does not respond to the Notification within the time period described above; (iii) fails to obtain all signatures on the Release and to return the documents in a timely manner as required pursuant to these Official Rules; or (iv) cannot accept or receive the prize or any portion of the prize for any reason. Non-compliance with these Official Rules may result in disqualification and selection of an alternate Selected Entrant. Limit one (1) prize per person and household.
- PRIZE CONDITIONS: Each Sweepstakes Entrant hereby irrevocably and perpetually waives the right to assert as a cost of receiving any prize any and all costs of verification and redemption to redeem such prize and any liability which might arise from redeeming or seeking to redeem such prize. All applicable federal, state, local or other tax liabilities (including income taxes) arising from this Sweepstakes will be the sole responsibility of each actual Sweepstakes prize winner. Except where prohibited by applicable law, regulation, rule or order, the Selected Entrant’s entry and acceptance of any prize constitutes permission to Sponsor to use such person’s name, city and state address, and if applicable, photograph, likeness, statements, biographical information, and voice for any and all promotional or advertising purposes in connection with this Sweepstakes and/or the Sponsor’s business operations and product/service offerings, on a worldwide basis and in all forms of media, now or hereafter known, in perpetuity, without review, permission or further compensation of any amount or kind whatsoever. All Sweepstakes entries are subject to verification prior to awarding of any prize. Actual value of the prize awarded may be lower or higher at the time it is fulfilled. Any difference between actual value and ARV will not be awarded.
No substitution, transfer, or cash redemption of any prize is permitted, provided however, Sponsor reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason. Prizes will be awarded by email and/or U.S. mail to the winners. In the case of prizes sent by mail, allow one to two weeks for delivery/fulfillment of the prize to the address provided in the Sweepstakes entry of the actual Sweepstakes prize winner.
- SWEEPSTAKES CONDITIONS: VOID WHERE PROHIBITED. This Sweepstakes is subject to all applicable federal, state and local laws of the United States. By participating, each Sweepstakes Entrant hereby irrevocably and perpetually (a) agrees to be fully and unconditionally bound by these Official Rules and the decisions of the Sponsor and (b) waives any right to claim ambiguity in the Sweepstakes or these Official Rules. Each Sweepstakes Entrant hereby irrevocably and perpetually agrees to release, discharge, indemnify and hold harmless the Sweepstakes Entities and each of their respective officers, directors, employees, shareholders, attorneys, representatives and agents from and against any and all claims, judgments, damages, losses, disability, attorneys’ fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from (i) redemption, acceptance, possession, ownership, misuse or use of any prize or participation in any Sweepstakes-related activity or participation in this Sweepstakes, or (ii) printing, distribution, production or mailing/e-mailing/communication/transmission errors. Sponsor or its affiliates may rescind any promotion found to contain such errors, without liability, at its sole discretion. NEITHER SPONSOR NOR ITS REPRESENTATIVES MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NEITHER SPONSOR NOR THE SWEEPSTAKES ENTITIES ASSUME ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
- RESTRICTIONS: The Sweepstakes Entities shall not be liable to the Selected Entrants for failure to supply any prize or any part thereof, 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 the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, 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 similar or dissimilar cause beyond Sponsor’s sole and reasonable control.
- LIMITATIONS OF LIABILITY: The Sweepstakes Entities are not responsible for: (a) lost, late, misdirected, undeliverable, incomplete, illegible or indecipherable entries due to system errors or failures or otherwise, or faulty transmissions or other telecommunications malfunctions, bugs and/or problems; (b) technical failures of any kinds; (c) failures of any of the equipment or programming associated with or utilized in the Sweepstakes; (d) unauthorized human and/or mechanical intervention in any part of the entry process or the Sweepstakes; (e) technical or human error that may occur or be encountered by Entrants in the entry process, or by the Sweepstakes Entities in the administration of the Sweepstakes or the processing of entries; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from any Entrant’s participation in the Sweepstakes or receipt or use of any prize. Sponsor may disqualify or prohibit an Entrant from participating in the Sweepstakes or receiving any prize if, in Sponsor’s sole discretion, Sponsor determines or suspects that such Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unsafe or unfair playing practices (including the use of automated quick entry programs, or creating aliases to register more than once) or intending to annoy, abuse, threaten or harass any other Entrants or Sponsor’s representatives. If for any reason this Sweepstakes is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other similar or dissimilar causes beyond the sole and reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper, safe and fair conduct of the Sweepstakes, then Sponsor reserves the right, exercisable at any time in Sponsor’s sole discretion, to cancel, terminate, modify or suspend all or any part of the Sweepstakes. CAUTION: ANY ATTEMPT BY ANY ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE UNRESTRICTED RIGHT, EXERCISABLE AT ANY TIME IN SPONSOR’S SOLE DISCRETION, AND WITHOUT WAIVER OF OR LIMITATION ON ANY OF SPONSOR’S OTHER AVAILABLE LEGAL AND/OR EQUITABLE RIGHTS AND REMEDIES, TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM AND AGAINST ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.
- LIABILITY RELEASE: As a condition of entering, each Entrant agrees (and agrees to confirm in writing) as follows: (a) to release Facebook, Inc. and Instagram, Inc., each of the Sweepstakes Entities, their affiliates, subsidiaries, retailers, sales representatives, distributors and advertising and promotional agencies, and each of their officers, directors, employees and agents (“Promotional Parties”), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize, including any traveling related thereto; (b) under no circumstances will entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
- CHOICE OF LAW: By entering, Entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes shall be governed by the laws of the State of Massachusetts, without giving effect to any choice of law or conflict of laws principles. By participating in the Sweepstakes, Entrants consent to the sole jurisdiction and venue of the federal, state and local courts located in Hampden County, Massachusetts.
- SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
- RULES/PRIZE WINNERS’ LIST: To obtain a copy of the winners’ list for the Sweepstakes (after April 5, 2019) send an email with “Cheesy Selfie Giveaway” in the subject line, to, email@example.com. All such requests must be received no later than May 5, 2019. These Official Rules will be posted on the Website.
Any questions, comments or complaints regarding this Promotion shall be directed to Sponsor and not to Facebook or Instagram. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. Copyright © 2019, FIC Restaurants, Inc.. All rights reserved.