Toppers® First 50 Grand Opening Event
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE ODDS OF WINNING. VOID WHERE PROHIBITED.
1. PROMOTION PERIOD: The First Fifty Grand Opening Event (“Promotion”) will start on February 3, 2024 at 10:30 a.m. Central Time (“CT”) and will end on February 3, 2024 at 11:30 a.m. CT, or when fifty (50) eligible entrants visit the participating Toppers location, whichever occurs first (“Promotion Period”). The Promotion is administered by Toppers Pizza LLC (“Toppers” or “Administrator”).
2. AGREEMENT TO THE OFFICIAL RULES: By participating in the Promotion, all entrants fully and unconditionally agree to and accept these Official Rules and the decisions of the Administrator as final and binding in all matters related to the Promotion. Winning a prize (described below) is contingent upon fulfilling all requirements set forth herein.
3. HOW TO PARTICIPATE: Arrive at the Toppers Pizza restaurant at 6147 N Broadway, Chicago, IL 60660 (the “Participating Location”) at the start time of the Promotion Period or up to thirty (30) minutes prior, check-in with the designated representative of Administrator, and comply with any additional entry instructions provided at the Participating Location. The Administrator’s representative will provide instructions to eligible participants to form a line outside the entrance to the Participating Location. You may bring a tent, sleeping bags, chairs, and other similar items for overnight camping, but campers and shelters other than tents are prohibited. To remain eligible for a prize, you must remain in line and be one of the first fifty (50) individuals to enter the Participating Location when the restaurant opens on February 3, 2024 at 10:30 a.m. CT. You must remain in line the entire time to receive a prize, subject to short bathroom breaks and/or to comply with any applicable legal requirement, or otherwise in the sole discretion of Administrator. If you leave the line for any other reason, you forfeit your position in line.
Administrator reserves the right, in its sole discretion, to: (i) verify any award criteria or entrant’s eligibility; (ii) to request additional information; and (iii) to disqualify any entrant whose behavior violates these rules, is illegal or inappropriate, or whose participation or actions may subject the Administrator or its affiliates to controversy, negative publicity, or other adverse consequence. By entering this Promotion, you agree to provide any documentation or information deemed necessary by, and in a form acceptable to, Administrator to satisfy eligibility requirements if asked by Administrator to do so. Administrator assumes no responsibility for incomplete, inaccurate, lost, mutilated, late, stolen, or misdirected entries.
4. ELIGIBILITY: Subject to following conditions, all adult (18 years or older) U.S. residents possessing a valid government issued ID and proof of a mailing address within Illinois. Residents of New York, Rhode Island, and Florida are not eligible. In addition, the following persons are not eligible to enter this Promotion or claim a prize: (a) the employees, officers, directors, partners, equity holders, members and agents of Toppers or Toppers’ franchisees; (b) officers and employees of advertising, public relations, and sales promotion agencies employed by Toppers who are directly involved in the Promotion; (c) other contractors and agents of Toppers; and (d) any spouse, child, or family member residing as a member of the same household in the principal place of residence of any person designated in (a) through (c). This Promotion is void where prohibited by law.
5. PRIZES AND THE VALUE OF THE PRIZES: The first fifty (50) eligible individuals to enter the Participating Location from their position in line upon the grand opening at 10:30 a.m. CT will be awarded a prize. The prize consists of “Free Food For A Year” which means one complimentary order of single size Original Topperstix or one Medium pizza of any variety per calendar week for 52 weeks on a rotating basis beginning the week of February 5, 2024 from Participating Location. The total approximate retail value of the prize is up to seven hundred ninety-five U.S. Dollars ($795).
The dates and times of the Promotion may be subject to change and cancellation. Any behavior by a winner that is inappropriate, offensive, indecent, obscene, hateful, tortious, defamatory, slanderous, or libelous may disqualify the winner, at Administrator’s sole discretion. The Released Parties (defined below) will not be responsible for acts of God, acts of terrorism, civil disturbances, work stoppage, epidemic, pandemic, government directive, telecommunications or computer errors or failures, or any other natural disaster or occurrence outside their control that may cause the cancellation or postponement of the Promotion. The Released Parties will not be responsible for any loss, liability, or damage arising out of a winner’s acceptance or use of a prize.
6. WINNER SELECTION AND NOTIFICATION: The prize winners will consist of the first fifty (50) eligible individuals to enter the Participating Location during the Promotion Period as determined at the Administrator’s sole discretion. The Administrator will notify prize winners in person during the Promotion Period and provide instructions on how to claim the applicable prize (“Prize Notification”). A potential winner may be required to execute a price claim form, confirm eligibility, and comply with other reasonable requirements to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Promotion will not reflect unfavorably on the Promotion, or the Administrator, as the Administrator may determine in its sole discretion. Must be present to win. The Administrator will not be liable for any delays in the receipt of Prize Notification. If any potential winner does not respond to the Prize Notification completely or promptly, or declines the prize for any reason, disqualification and prize forfeiture will result. The potential winner is subject to verification of identity and eligibility prior to the award of the prize.
7. CAMPING; WAITING IN LINE: Administrator shall have no obligation to provide shelter, clothing, food, drink, or any other item to any individuals who choose to spend the night or wait in line during the Promotion Period outside the Participating Location (“Camping Participants”). Camping Participants must dress appropriately for changing weather conditions. Participating Parties agree to abide by all safety and decorum conditions established by Administrator and may be immediately removed from the outside the Participating Location at the Administrator’s sole discretion for failure to comply with such conditions, these Official Rules, applicable federal, state, and county laws, statutes and codes, or for any other reason in Administrator’s sole discretion. No smoking, alcohol or drugs are at or near the Participating Location.
8. GENERAL PRIZE RESTRICTIONS: Prizes are subject to availability and change. No substitution or cash redemption is allowed. The Administrator reserves the right to substitute the prize in whole or in part with other prizes of comparable or greater value, if the intended prize is not available for any reason, as determined by the Administrator in its sole discretion. This Promotion is governed by and shall be construed in accordance with Wisconsin law and is subject to all applicable federal, state, and local laws and regulations. Any and all taxes, including but not limited to federal, state, and local taxes, are the exclusive and sole responsibility of the winner. The winners will be required to provide their Social Security Number and appropriate tax documentation for tax reporting purposes. If required, the Administrator will file an IRS Form 1099 or similar document with the Internal Revenue Service for the fair market value of any prize.
9. GENERAL CONDITIONS AND RELEASE: The Promotion is subject to applicable laws and regulations. By participating in or entering the Promotion and/or claiming a prize, each entrant (a) agrees to defend, indemnify, release, and hold harmless the Administrator, and its respective owners, parents, affiliates, subsidiaries, franchisees, directors, officers, agents, employees, managers, licensees, distributors, dealers, retailers, printers, representatives, advertising and promotion agencies, and any and all other companies associated with the Promotion, and all of their respective officers, directors, employees, agents, and representatives (collectively, the “Released Parties”) from and against any and all claims, causes, costs, injuries, losses, or damages of any kind that may occur, directly or indirectly, in whole or in part, arising out of the entrant’s participation in this Promotion or receipt or use of any prizes, including, but not limited to: (i) unauthorized human intervention in the Promotion; (ii) technical errors related to computers, servers, providers, or telephone or network lines; (iii) printing errors; (iv) lost, late, postage-due, misdirected, or undeliverable mail; (v) errors in the administration of the Promotion or the processing of entries, including but not limited to data entry errors resulting from or caused by the entering, keying, or mis-keying of the required information by entrants; (vi) injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use of any prize; (vii) the unauthorized or illegal access to personally identifiable or sensitive information or the acceptance, possession, use, or misuse of any prize or any travel or activity related to the receipt or use of any prize; (b) grants Administrator and each of its respective designees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sublicensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivate works from entrant’s entry (including any images) in whole or in part, in any form, format, or medium, of any kind now known or later developed; (c) consents to the use by the Administrator, and each of its respective designees of the winner’s name, hometown, photograph, voice, or other likenesses and prize information for promotion, advertising, and marketing purposes in any media or format now known or hereafter devised, throughout the world, in perpetuity, without additional compensation, consideration, notification, or permission, unless prohibited by law, and upon request will provide written confirmation of such consent; and (d) ACKNOWLEDGES THAT NONE OF THE RELEASED PARTIES OR ANYONE ELSE HAS EITHER MADE, OR IS IN ANY MANNER RESPONSIBLE OR LIABLE FOR, ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EITHER EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO ANY PRIZE INCLUDING BUT NOT LIMITED TO, ITS QUALITY OR AVAILABILITY AND ALL SUCH WARRANTIES ARE DISCLAIMED IN THEIR ENTIRETY.
No failure to enforce any term of these Official Rules shall constitute a waiver of that provision. These Official Rules may be modified for clarification purposes without materially affecting the terms and conditions of the Promotion. If for any reason the Promotion (or any portion thereof) is not capable of being executed as planned, or in the case of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, action of entrants, technical failures, or any other causes that, in the opinion of the Administrator, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion (or any portion thereof), the Administrator reserves the right in its sole discretion to disqualify any suspect entry or entrant and/or to cancel, terminate, modify, or suspend the Promotion (or any portion thereof). Any entrant that enters the Promotion via a fake account (e.g., bot account) will be disqualified. The Administrator reserves the right in its sole discretion to cancel the Promotion in its entirety, if it becomes technically corrupted or because of non-authorized human intervention. In the event of any disqualification of a suspect entry or entrant, the determination of the prize winner will be made from among all eligible, non-suspect entries received as of the time of such disqualification, as the Administrator determines in its sole discretion. Entrants not complying with all rules are subject to disqualification. In the event of any termination, cancellation, or suspension, notice thereof will be posted on the Administrator’s website.
10. APPLICABLE LAWS: All entrants agree to comply with and abide by all applicable laws, including administrative rules and regulations, instructions, conditions and final decisions of the Administrator and all procedures established by the Administrator for the Promotion. In the event of a conflict between these Official Rules and any summary, representation, or other restatement of rules appearing in any advertisement, point of sale material, or other media, these Official Rules shall govern.
11. DISPUTE RESOLUTION: Except where prohibited by law, by entering and/or claiming a prize, entrants agree that in the event of a dispute concerning the construction, validity, interpretation, or enforceability of these Official Rules, the determination of the Administrator shall be final and binding. All issues and questions concerning the rights and obligations of participant(s) in relation to the Administrator and its agents shall be governed by and construed exclusively in accordance with the laws of the State of Wisconsin without giving effect to any principles of conflicts of law of any jurisdiction. Each entrant agrees that any such action at law or in equity shall be filed only in the state or federal courts located in Milwaukee, Wisconsin, and hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. EXCEPT WHERE PROHIBITED BY LAW, BY PARTICIPATING IN THIS PROMOTION, EACH ENTRANT AGREES THAT: (A) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION, OR AWARDING OF THE PRIZES, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (B) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH PARTICIPATING IN THIS PROMOTION BUT IN NO EVENT ATTORNEYS' FEES; AND (C) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR AND HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES; ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES; AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
12. E-MAIL COMMUNICATION: By entering into this Promotion, entrants will have the option to sign up to receive e-mail communication from Toppers. Entrants will have the ability to unsubscribe from these e-mails upon receipt.
13. INFORMATION: For more information, please contact us at: Toppers Pizza LLC, 333 W. Center Street, Whitewater, WI 53190; (262) 473-6666.
Effective Date: February 3, 2024.