Papa John's - Wii Sports Resort Sweepstakes

Papa John's Wii Sports Resort™ Sweepstakes
Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.

1. Eligibility: Papa John's Wii Sports Resort Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of Papa John's USA, Inc., Nintendo of America, Inc., The Coca-Cola Company, ePrize, LLC, and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.

2. Sponsor: Papa John's USA, Inc., 2002 Papa John's Blvd., Louisville, KY 40299. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.

3. Timing: The Sweepstakes begins on November 2, 2009 at 12:00 a.m. Eastern Time ("ET") and ends on November 29, 2009 at 11:59 p.m. ET (the "Promotion Period"). The Sweepstakes consists of twenty-eight (28) daily entry periods (each a "Daily Entry Period"). Each Daily Entry Period begins at 12:00 a.m. ET and ends at 11:59 p.m. ET each calendar day. Administrator's computer is the official time-keeping device for the Sweepstakes.

4. How to Enter: There are two (2) ways to enter the Sweepstakes as outlined below:

a. Place an Online Papa John's Order: During the Promotion Period, visit www.papajohns.com and follow the links and instructions to place an online order. After placing an online order, you will proceed to an order confirmation page with a link to the Sweepstakes website. Click on the link and follow the links and instructions to complete the registration form including a valid home address (P.O. Boxes are not permitted). Once you submit your registration, you will receive one (1) Sweepstakes entry for placing an online order, and one (1) additional Sweepstakes entry if your online order included any beverage product. You can also receive one (1) one-time Sweepstakes entry for opting-in to receive mobile alerts on the registration form.

b. Free Mail-in Method of Entry: To enter without placing an online order, hand print your name, address, day and evening phone numbers, email address, today's date, and age on a 3" x 5" piece of paper and mail it with proper postage to “Papa John's Wii Sports Resort Sweepstakes,” c/o ePrize, LLC, P.O. Box 8070 Royal Oak, MI 48068-8070. You will receive two (2) Sweepstakes entries for each mail-in entry received into the drawing for the applicable Daily Entry Period. Limit: One (1) mail-in entry per envelope. All mail-in entries must be handwritten. All mail-in Submissions must be received no later than one (1) calendar week after the applicable Daily Entry Period to be included in the drawing. Submissions become the exclusive property of Sponsor, and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified.

Limit: Each participant may enter up to five (5) times and receive a maximum ten (10) Sweepstakes entries per day by any method or combination of methods of entry during the Promotion Period. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.

5. Grand Prize Drawings: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Administrator will randomly select ten (10) potential Sweepstakes winners from all eligible entries received for each Daily Entry Period from November 2, 2009 through November 27, 2009 and twenty (20) potential Sweepstakes winners from all eligible entries received during each of the November 28, 2009 and November 29, 2009 Daily Entry Periods. The drawings for the November 2, 2009 through November 8, 2009 Daily Entry Periods will occur on or around November 16, 2009; the drawings for the November 9, 2009 through November 15, 2009 Daily Entry Periods will occur on or around November 23, 2009; the drawings for the November 16, 2009 through the November 22, 2009 Daily Entry Periods will occur on or around November 30, 2009; and the drawing for the November 23, 2009 through the November 29, 2009 Daily Entry Periods will occur on or around December 7, 2009. Non-winning entries will not carry over into subsequent Daily Entry Period drawings. The potential winners will be notified by email, mail or phone after the applicable drawing. If a potential winner cannot be contacted, or prize is returned as undeliverable, potential winner forfeits prize. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Sweepstakes.

6. Prizes: THREE HUNDRED (300) GRAND PRIZES: Each prize package includes one each of the following: Wii™ system, Wii Sports Resort™ game for the Wii system, Wii Remote™ controller, Nunchuk™ controller, Wii MotionPlus™ accessory. Approximate Retail Value ("ARV"): $330. The ARV of electronic prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period. Limit: One (1) prize per person. Total ARV of all prizes: $99,000.

7. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor, Nintendo of America, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.

8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

10. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that, if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

11. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and 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 exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.

12. Entrant's Personal Information: Information collected from entrants is subject to ePrize, LLC’s Privacy Policy http://www.eprize.com/privacy/privacypolicy.html and Sponsor’s Privacy Policy http://www.papajohns.com/policy.htm.

13. Name Removal Notification System: If you received a direct mail piece from the Sponsor and would like your name removed from Sponsor’s mailing list, please call 1-866-528-4438 and your name will be removed within 60 days of the request.

14. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than February 28, 2010. For the Winner List, send an email with subject line: "Papa John's Wii Sports Resort Sweepstakes, Winner List Request," to WinListRequests@eprizefulfillment.com.