DIGIORNO PI SCORE PROMOTION TERMS
NO PURCHASE NECESSARY TO ENTER. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. EACH PARTICIPANT AGREES TO THESE PROMOTION TERMS. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY OR ASSOCIATED WITH TWITTER, INC.
THIS PROMOTION IS INTENDED FOR PARTICIPATION IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
A VALID VENMO ACCOUNT, AND EITHER THE APPLE WALLET IOS APPLICATION, OR THE GOOGLE PAY APPLICATION FOR ANDROID ARE REQUIRED.
Sponsor: Nestlé USA, Inc. 1812 N. Moore Street, Arlington, VA 22209.
Eligibility: The DiGiorno Pi Score Promotion (“Promotion”) is open to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older (or 19 if a resident of AL or NE). Void where prohibited or restricted by law. Employees of Nestlé USA, Inc. Popwallet, Inc. (“Popwallet”) and/or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Promotion (collectively with Sponsor, the "Promotion Entities") and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members of each such employee are not eligible to enter or win.
Promotion Period: Promotion will be open and offered to all eligible entrants ONLY on February 7, 2021, and ONLY if and when the score of the Professional Football Championship Game is 3 to 14, or 14 to 3 (“Promotion Period”). The Promotion Period will only last until one thousand five hundred (1,500) eligible entrants submit an Entry form (as described below), OR when the score changes from 3 to 14 or 14 to 3 to another score not containing “3” and “14,” whichever occurs sooner. In the event the score never reaches 3 to 14 or 14 to 3 in the Professional Football Championship Game on February 7, 2021, then this promotion will NOT occur, and no prizes will be awarded.
How To Enter: To enter, visit https://newbynestle.com/digiorno-pi-score (“Website”) during the Promotion Period, and find the form on the Website, provide your first and last name, email address, and click “Submit.” Following the foregoing instructions will provide you with one (1) entry into the Promotion (“Entry”). All Entries must be received by the end of the Promotion Period as described in the Promotion Period section above. Limit one (1) Entry per person for the entire Promotion Period. Nestlé USA, Inc. (“Sponsor”) will not be responsible for lost, late, misdirected, delayed, incomplete Entries, or Entries submitted in a manner that is not expressly provided herein, and all such Entries shall be deemed void and ineligible for inclusion in the Promotion. By entering this Promotion, entrants accept and agree to be bound by these terms and conditions (“Terms”) and the decisions of the Sponsor, which shall be final, binding, and conclusive on all matters relating to the Promotion. Those who do not follow all of the instructions, provide the required information in the form, or abide by these Terms or other instructions of Sponsor may be disqualified.
How winners are determined: During the Promotion Period, the first one thousand five hundred (1,500) eligible entrants who submit an Entry will each receive a prize (subject to verification of eligibility and compliance with these Terms). There will be a maximum of one thousand five hundred (1,500) prizes awarded in this Promotion. By entering this Promotion, each entrant agrees that the Sponsor has the right to contact the entrant via email to administer and fulfill this Promotion. If a potential winner is found not to be eligible or not in compliance with these Terms, or if prize notification or any prize is returned as undeliverable, the potential winner will be disqualified. Unclaimed prizes will not be awarded.
Prizes: Maximum of one thousand five hundred (1,500) prize winners: Each winner will receive one (1) Popwallet link with instructions to receive a $7.99 credit, which is activated upon the purchase of one (1) DiGiorno pizza (“Link”). Sponsor will email the Link to the email address provided on each winner’s Entry. Approximate Retail Value (“ARV”) of each prize is $7.99. Total ARV of all prizes: $11,985.
Prize Details: Winners must (i) load the Popwallet card provided in the Link to their Apple Wallet iOS application or Google Pay Android application, as applicable, (ii) purchase a DiGiorno pizza at a retail location (online or e-retailer purchases are not eligible for credit), and (iii) scan a physical receipt to activate the credit, which will automatically be sent to your Venmo account (“Rebate”).
Credit must be activated by March 12, 2021 to receive Rebate. Limit one (1) prize per person.
Allow 2-3 weeks for Link delivery. Sponsor is not responsible for incorrect, lost, late, delayed, incomplete, returned, or misdirected email or 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, which may occur in the processing of the Entries. Each prize is non-transferable and may not be redeemed for cash. No substitutions will be made except as provided herein. Winners are responsible for the payment of any federal, state, and/or local taxes and for any other fees or costs associated with the prize. Sponsor reserves the right to substitute a prize of equal or greater value if the advertised prize becomes unavailable. Prizes must be claimed in accordance with these Terms.
Entry Conditions and Release: By entering, each entrant agrees to: (a) comply with and be bound by these Terms and the decisions of the Sponsor, which are binding and final in all matters relating to this Promotion; (b) release and hold harmless the Promotion Entities (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye, or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright, or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's Entry, creation of an Entry or submission of an Entry, participation in the Promotion, acceptance or use or misuse of prize and/or the broadcast, exploitation or use of an Entry; and (c) indemnify, defend, and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an entrant's participation in the Promotion and/or entrant's acceptance, use, or misuse of prize.
Privacy: Any personally identifiable information collected during an entrant's participation in this Promotion will be collected by Sponsor in accordance with the terms of Sponsor’s Privacy Notice. Please review Sponsor's Privacy Notice: https://privacy.nestleusa.com/
General Conditions: Sponsor reserves the right in its sole discretion to cancel, suspend, and/or modify the Promotion, or any part of it, for any reason whatsoever, including, without limitation, fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, or local government law, order, or regulation, public health crisis, order of any court or jurisdiction or if any fraud, technical failures, or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning or administration of the Promotion, as determined by Sponsor in its sole discretion. If the Promotion is terminated before the end date and time, Sponsor may (if possible) award the prizes to all eligible, non-suspect Entries received as of the date and time of the event giving rise to the termination. 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 Promotion or to be acting in violation of these Terms or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion 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. Only the type and quantity of prizes described in these Terms will be awarded. The invalidity or unenforceability of any provision of these Terms 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 Terms 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. Sponsor's failure to enforce any term of these Terms shall not constitute a waiver of that provision. Automated entries are prohibited, and any use of automated devices will cause disqualification. Should multiple users of the same e-mail account enter the Promotion and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Except where prohibited by law, each winner grants (and agrees to confirm this grant in writing, if requested) permission for Sponsor and those acting under its authority to use his/her name, photograph, voice, and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without compensation.
Limitations of Liability: The Promotion Entities as set forth above 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 Promotion; (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 Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of Entries; or (5) any liability, loss, 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 Promotion or receipt, possession, or use or misuse of any prize.
Disputes/Governing Law: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion, other than those concerning the administration of the Promotion or the determination of winners or for any disputes arising from the loss or injury from the participation in a prize, shall be resolved individually, without resort to any form of class action; (ii) any disputes arising out of these Terms (except for any disputes arising from the loss or injury from the use of prizes) shall be submitted to final, binding arbitration conducted in Arlington County, VA under the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services Inc. before a single, neutral arbitrator who is a former or retired Virginia state or federal court judge with experience in entertainment matters who shall follow Virginia law and the Federal Rules of Evidence and have no authority to award punitive damages. Either party may enforce a final arbitration award in any court of competent jurisdiction in Arlington County, VA including an award of costs, fees, and expenses incurred in enforcing the award. Notwithstanding the foregoing, Promotion Entities shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Terms) in the state and federal courts of Arlington County, VA. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Terms), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Arlington County, VA; (iii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Virginia, without giving effect to any choice of law or conflict of law rules (whether of the State of Virginia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Virginia.