IHOP National Pancake Day Promotion

Official Rules

 

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.  MAKING A PURCHASE DOES NOT INCREASE CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C. WHO ARE 18 YEARS OF AGE OR OLDER AND WHO ARE OF THE LEGAL AGE OF MAJORITY AT THE TIME OF ENTRY. U.S. LAW GOVERNS THIS PROMOTION. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

 

1. PROMOTION DESCRIPTION: The “IHOP National Pancake Day Promotion” (the “Promotion") begins on Tuesday, February 25 at 7:00 am Eastern Time (“ET”) and ends on Wednesday, February 26, 2020 at 3:00 am ET (the “Promotion Period”). The Promotion consists of an instant win (the “Instant Win”) to award instant win prizes and a random draw sweepstakes (the “Sweepstakes”) to award the Grand Prize, as described herein. The sponsor of this Promotion is International House of Pancakes LLC, 450 N Brand Blvd., 7th Floor, Glendale, California 91203 (“Sponsor”). The administrator of this Promotion is Creative Zing Promotion Group, 2265 Lee Road, Suite 229, Winter Park, Florida 32789 ("Administrator"). The Sponsor and Administrator shall collectively be referred to as the “Promotion Entities”.  

 

2. ELIGIBILITY: Promotion is open only to legal U.S. residents physically residing in the fifty (50) United States or the District of Columbia who are at least thirteen (13) years of age at the time of entry (“Entrant”). Eligible Entrants who are under the legal age of majority in their state of primary residence (“Minor”) must get their parent or legal guardian’s permission to participate in the Promotion. A Minor Entrant will be required to provide parental consent in a form satisfactory to the Sponsor before any prize can be awarded. Employees of Promotion Entities, and each of their respective franchisees, franchise employees, agencies, shareholders, officers, directors, members, successors, agents and assigns, together with the Immediate Family Members and/or Household Members of such persons, are not eligible to participate in the Promotion. For purposes of the Promotion, "Household Members" shall mean those people who share the same residence at least three months a year, whether or not related; "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. Eligibility determinations will be made by Promotion Entities in their discretion and will be final and binding. U.S. law governs this Promotion. Void where prohibited or restricted by law.

 

3. TO PLAY THE INSTANT WIN AND ENTER THE SWEEPSTAKES: To participate, Entrants must: a) visit a participating Sponsor location during the Promotion Period; b) scan the QR code located on the table tent on a table using his or her mobile device (table tents are located at each Sponsor location. Data rates may apply); and c) follow the on-screen instructions to complete the Entry Form by completely and accurately providing all of the requested registration information including: first name, last name, zip code, email address and date of birth. Once you have completed the Entry Form, follow the instructions to see if you are an Instant Win prize winner (subject to verification of eligibility) and automatically receive one (1) entry into the Sweepstakes. Any Instant Win prize winner will be notified instantly upon completion of participation with instructions on how to verify his/her eligibility and claim the prize. To enter the Sweepstakes without scanning the QR code with a mobile device, Entrants may: a) visit https://rules.creativezing.com/IHOPNPDEntry and print the provided entry form; b) complete the entry form by completely and accurately providing all of the requested registration information including: first name, last name, zip code, email address and date of birth; and c) email the completed form to [email protected]mail.com (“Online Form Entry”) to receive one (1) entry into the Sweepstakes. Entrants that elect to enter via Online Form Entry will NOT be eligible to participate in the Instant Win or receive an Instant Win Prize.

 

Limit one (1) Instant Win game play/Sweepstakes entry per person for the Promotion Period. Entries must be received by Wednesday, February 26, 2020  at 3:00 am ET. If entries exceed the entry limitations, the Entrant may be disqualified, at the Promotion Entities sole discretion.

 

Instant Win Prize Winner Determination: One (1) computer generated winning time will be randomly generated for each Instant Win prize available. If you are the first person to participate at or after one of the randomly generated times, you will be a potential winner of the prize indicated, subject to verification of eligibility.  If you are a potential winner, you will be provided with instructions on how to claim your prize.  If you receive a message that contains any message other than a winning prize message, you are not a prize winner. Odds of winning an Instant Win prize depend on the total number of eligible entries received and the time and date upon which they are entered.

 

The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error that may occur in the processing of the entries in the Promotion.  The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries. NOTE: Participation must be by the participant and only as directed in these Official Rules.  Participation by any other individual or any entity, and/or originating at any website or other platform, including but not limited to commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified for this Promotion.  The use of any device to automate the entry process is prohibited and will lead to disqualification.

 

In the event of a dispute over the identity of a potential winner, entry will be deemed completed by the authorized account holder of the email address provided at time of registration. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider, wireless carrier, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

 

If due to technical, production or other errors, more prizes are claimed than intended, the intended prize will be awarded in a random drawing from all those submitting purportedly valid claims. No more than the number of prizes set forth in these Official Rules will be awarded. ALL POTENTIAL WINNING PLAYS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING. A "SCREEN SHOT" IS NOT PROOF OR EVIDENCE OF A WINNING PLAY AND/OR PRIZE. A PARTICIPANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE PLATFORM SHOULD SO INDICATE, UNLESS AND UNTIL SAID PARTICIPANT’S ELIGIBILITY AND THE POTENTIAL WINNING PLAY HAVE BEEN VERIFIED AND SAID PARTICIPANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID AND WILL NOT BE HONORED.  The submission of a prize claim is solely the responsibility of the participant.

 

4. SWEEPSTAKES WINNER SELECTION AND NOTIFICATION: On or about February 27, 2020, the potential Grand Prize winner (the “Grand Prize Winner”) will be selected in a random drawing conducted by the Administrator from among all eligible entries received for the Promotion Period. Within approximately one (1) business day of the drawing date, the potential Grand Prize Winner will be notified at the email address associated with his or her entry. The potential Grand Prize Winner will be required to respond (as directed) to the notification. The failure to respond within the stated time period may result in forfeiture of the Grand Prize and selection of an alternate potential Grand Prize Winner from the remaining eligible entries. The potential Grand Prize Winner (and, in the case of a Minor Entrant, his/her parent/legal guardian)  will be required to verify address, sign, and return within three (3) days of initial notification one or more forms covering eligibility, liability, advertising and (unless prohibited by law) publicity rights and such other documents as Sponsor or Administrator may provide (collectively, “Prize Acceptance Forms”). Failure to complete or return the Prize Acceptance Forms within the specified time period may result in forfeiture of the Grand Prize and selection of an alternate potential Grand Prize Winner from the remaining eligible entries. Verification of a potential Grand Prize Winner’s eligibility may also include, without limitation, a background investigation. Each Entrant consents to the conduct of a background investigation (which may include a review of criminal records) on the Entrant and agrees to supply any authorizations or permissions deemed necessary by Promotion Entities in connection with any such investigation. Each Entrant (and, in the case of a Minor Entrant, his/her parent/legal guardian) represents that he or she will provide accurate and truthful information to Promotion Entities in connection with eligibility verification.  Promotion Entities, in their sole discretion and if time permits, will attempt to contact up to three (3) potential winners of the Grand Prize in accordance with the above procedure, after which the Grand Prize in question may go unawarded if it remains unclaimed. Odds of winning Grand Prize depend on the number of eligible entries received.

 

5. PRIZES: 

 

Grand Prize: There is one (1) Grand Prize available. The Grand Prize consist of “Pancakes For Life”, awarded in the form of Sponsor gift cards* with a total value of Fifteen Thousand Dollars ($15,000). The full value of the Grand Prize will be fulfilled in 2020.

 

*Gift cards are subject to separate terms, conditions and restrictions which can be found on the back of each gift card. Additional details can be found by visiting https://www.ihop.com/en/gift-cards. Sponsor reserves the right, in its sole discretion, to provide a projected tax gross-up allowance to help offset income tax liability. If applicable, the projected tax gross-up allowance will be awarded in the form of a check in an amount determined by Sponsor prior to December 31, 2020. If income taxes exceed such amount, the additional expenses shall be the responsibility of the Grand Prize Winner, as applicable.

 

Instant Win Prizes: The following Instant Win Prizes are available to be won:

 

Instant Prize

Description

$500 IHOP Gift Card*

There are ten (10) $500 IHOP gift cards available.

IHOP Bike

There are ten (10) IHOP Bikes available. Approximate Retail Value (“ARV”) of each: Four Hundred Forty Dollars ($440.00).

IHOP Scooter

There are ten (10) IHOP Scooters available. ARV of each: Four Hundred Dollars ($400.00).

IHOP Custom Jacket

There are ten (10) IHOP Custom Jackets available. ARV of each: Three Hundred Fifty Dollars ($350.00). IHOP Custom Jacket winners will be contacted, and provided the opportunity to select components, as provided by Sponsor, to customize his or her jacket.

IHOP Beret

There are twenty (20) IHOP Berets available. ARV of each: One Hundred Twenty Five Dollars ($125.00).

IHOP Watch

There are twenty (20) IHOP Watches available. ARV of each: Eighty Five Dollars ($85.00).

IHOP Blanket

There are are fifty (50) IHOP Blankets available. ARV of each: Seventy Five Dollars ($75.00).

IHOP Duffel Bag

There are two hundred fifty (250) IHOP Duffel Bags available. ARV of each: Thirty Five Dollars ($35.00).

IHOP Collectible Drinking Glasses

There are two hundred fifty (250) IHOP Old Fashioned Glass Sets available. ARV of each: Twenty Five Dollars ($25.00).

$25 IHOP Gift Card*

There are three hundred (300) $25 IHOP Gift Cards available. ARV of each: Twenty Five Dollars ($25.00).

IHOP Water Bottle

There are two hundred fifty (250) IHOP Water Bottles available. ARV of each: Twenty Dollars ($20.00).

IHOP Trucker Hat

There are two hundred fifty (250) IHOP Trucker Hats available. ARV of each: Eighteen Dollars ($18.00).

IHOP Socks

There are two hundred fifty (250) IHOP Socks available. ARV of each: Fifteen Dollars ($15.00).

Short Stack of Buttermilk Pancakes

There are two hundred forty eight thousaand (248,000) Short Stack of Buttermilk Pancakes available. ARV of each: Five Dollars and Ninety Nine Cents ($5.99)

* Gift cards are subject to separate terms, conditions and restrictions which can be found on the back of each gift card. Additional details can be found by visiting https://www.ihop.com/en/gift-cards.

 

Cummulative ARV of all Prizes: $1,561,120

 

If any prize is awarded but goes unclaimed or is forfeited by recipient, such prize may not be re-awarded, in Promotion Entities’ sole discretion. Administrator reserves the right to disqualify anyone not fully complying with the Official Rules. Instant Win prize winners and the Grand Prize Winner are solely responsible for all federal, state and/or local taxes, if applicable, and for any other fees or costs associated with the prize they receive. For a prize valued at $600 or more, the winner’s Social Security Number will be used for tax reporting purposes and an IRS Form 1099 will be issued in February 2021 for the actual value of the prize received.Other restrictions may apply.  If Promotion Entities conduct a background investigation on the potential Grand Prize Winner and determine in their sole discretion that awarding the Grand Prize to the potential Grand Prize Winner, publicizing any facts or details about the potential Grand Prize Winner or an association of the potential Grand Prize Winner with Promotion Entities or the Promotion might reflect negatively on Promotion Entities and/or their products or services or the Promotion, then Promotion Entities will have the right in their discretion to disqualify the potential Grand Prize Winner and select an alternate potential Grand Prize Winner (in which event the terms described above will apply to such alternate). Any prize pictured or mentioned in advertising or Promotion materials is for illustrative purposes only and may not be the actual prize awarded.

 

Winners cannot assign or transfer any prize to another person. No cash alternatives or prize substitution is allowed except at the discretion of Promotion Entities. If a prize cannot be awarded due to circumstances beyond the control of the Promotion Entities, a substitute prize of equal or greater retail value may be awarded. Other restrictions may apply. Any depictions of prizes are for illustrative purposes only. ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. All prize details are at the sole discretion of the Promotion Entities.

 

7. CONDITIONS OF PARTICIPATION/RELEASES: All federal, state and local laws and regulations apply. By participating, each Entrant (including each winner and, in the case of a Minor Entrant, his/her parent/legal guardian) agrees to be bound by these Official Rules and the decisions of the Promotion Entities, which shall be final in all respects. Each Entrant (including each winner and, in the case of a Minor Entrant, his/her parent/legal guardian) agrees to release the Promotion Entities, Sponsor’s franchisees, Dine Brands Global, Inc., DeVries Global, and each of their respective parents, affiliates, divisions, subsidiaries, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, contractors, advertising and promotion agencies, agents and representatives (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Promotion and/or acceptance or use of a prize. Each Entrant (including each winner) agrees to authorize the Sponsor and their respective designees to use his/her name, likeness, photo, social media profile/handle (if requested), biographical data, city and state of residence in advertising, marketing, programming or promotional materials, worldwide in perpetuity, and on a winners’ list, if applicable, without further compensation unless prohibited by law. Sponsor is not obligated to use any of the above-mentioned information or publicity materials but may do so and may edit such information or materials, at Sponsor’s sole discretion, without further obligation or compensation. The Released Parties shall not be liable for: (i) any injuries, losses, liabilities or damages of any kind including personal injury or death caused by the prize or resulting from acceptance, possession or use of a prize including participation in any activity related thereto, or from participation in the Promotion; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (v) any inability of winner to accept or use any prize (or portion thereof) for any reason and such prize or portion thereof shall be forfeited; or (vi) any printing, typographical, human administrative or technological errors in any materials or activities associated with the Promotion. Released Parties disclaim any liability for damage to any computer system and/or mobile device resulting from participating in or accessing or downloading information in connection with this Promotion. The failure of Released Parties to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Promotion Entities reserve the right, in their sole discretion, to cancel, modify or suspend the Promotion (or any portion of the Promotion) at any time for any reason or should a virus, bug, computer problem, unauthorized intervention, extenuating circumstance or other problem/cause corrupt or inhibit the administration, security or proper play of the Promotion and, in such situation, will select any remaining Instant Win prizes and the Grand Prize in a random drawing from among all eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Promotion Entities. Promotion Entities may prohibit Entrant from participating in the Promotion or winning a prize if, in its sole discretion, it determines Entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other Entrants or Promotion Entities. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROMOTION. SHOULD SUCH AN ATTEMPT BE MADE, PROMOTION ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.   BY PARTICIPATING IN THE PROMOTION, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY AWARD AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND 3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

 

8. INDEMNITY: Each Entrant (including each winner and, in the case of a Minor Entrant, his/her parent/legal guardian) shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) participation in the Promotion; (b) a breach or allegation which if true would constitute a breach of any of the representations, warranties or obligations herein; and (c) acceptance, possession, grant, or use of any  prize, including without limitation, personal injury, death and property damage arising therefrom.

 

9. DISPUTES AND ARBITRATION: This Promotion is governed by the laws of the United States and the State of California, without respect to any choice of law or conflict of law principles that would result in the application of any law other than that of California. As a condition of participating, each Entrant (and, in the case of a Minor Entrant, his/her parent/legal guardian) agrees that any and all disputes which cannot be resolved between the parties and causes of action arising out of or in connection with this Promotion, shall be resolved in accordance with the arbitration provision set forth below.

 

Any and all disputes, claims and causes of action arising out of, or connected with, this Promotion, including without limitation, any alleged violation of these Official Rules, any controversy relating to the arbitrability of any dispute, or any claim that the Promotion, or any part thereof, is invalid, illegal or otherwise voidable (or void), shall be settled by binding arbitration in Los Angeles County, California, in accordance with the procedural rules for commercial disputes set forth in the comprehensive arbitration rules and procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the federal arbitration act and applicable statutes of limitations and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by 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, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. The arbitration of disputes pursuant to this paragraph shall be in the Entrant’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

 

10. PRIVACY POLICY: Entrant understands that information is being collected by Sponsor. Any personal information supplied by you to Sponsor will be subject to Sponsor's privacy policy posted at https://www.ihop.com/en/legal/privacy-policy.

 

11. WINNERS /OFFICIAL RULES: To obtain the name of the winners of prizes valued at $25 or more or a copy of these Official Rules, send a request along with a stamped, self-addressed envelope to "IHOP National Pancake Day Promotion Winner Name or Rules, 2265 Lee Road, Suite 229, Winter Park, Florida 32789. Requests must be received no later than March 12, 2020.