HAPPY’S SCRATCH-OFF GIVEAWAY GAME OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING.
OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF MICHIGAN, INDIANA AND OHIO, 18 YEARS OLD OR OLDER AT THE TIME OF GAME PLAY.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
- ELIGIBILITY: The “Happy’s Scratch-Off Giveaway Game” (“Game”) is open only to legal residents of Michigan, Indiana and Ohio (the “Territory”) who are at least 18 years old. Officers, directors and employees of Happy’s Pizza Advertising, LLC (“Sponsor”), Mercury Promotions & Fulfillment (“Mercury”), which is the independent agency administering this Game, any of their respective owners, members, franchisee owners, franchisee employees, shareholders, directors, parent companies, affiliates, subsidiaries, franchisees, representatives, advertising, promotion agencies and suppliers directly involved in the administration and promotion of this Game (“Game Entities”), and their immediate family members (mother, father, sister, brother, husband, wife, daughter, son, step-father, step-mother, step-daughter, step-son, step-brother, step-sister, half-brother, half-sister) and/or those living in same household of each are not eligible to enter and win. Void outside of the Territory and where prohibited by law.
- HOW THE GAME WORKS:
A. Obtaining a Game Piece With or Without Purchase: Beginning on July 5, 2017 through September 30, 2017 or while supplies last, whichever occurs first (the “Game Period”), an eligible entrant (“Entrant”) will receive a “Game Piece” when he/she purchase at any participating Happy’s Pizza restaurant: (i) any medium Hand Tossed pizza, (ii) any large Hand Tossed pizza, and/or (iii) any dinner boxes which may contain rib tips/fries, wings/fries, shrimp/fries, burger/fries or other food items at the discretion of each participating Happy’s Pizza restaurant (the “Participant Items”). Game Pieces are only available with the purchase of Participating Items only, not any other size of pizza, any other dinner box or any other purchase. The Game Piece will be located on the Participant Item’s box.An Entrant may also receive a Game Piece, while supplies last, without a purchase by sending a handwritten self-addressed properly stamped envelope requesting Official Rules & a Game Piece, to Happy’s Scratch-Off Giveaway Game Piece Request, 35610 Mound Road, Dept. 20, Sterling Heights MI 48310-4725. Requests must be postmarked by October 2, 2017; received by October 7, 2017, while supplies last. Limit: One request per outer stamped envelope. Mechanically reproduced requests or outer envelopes not allowed. Illegible, incomplete or mechanically reproduced requests are void. Neither Sponsor nor Mercury is responsible for lost, late, damaged, delayed, postage due or misdirected mail/requests or mail/requests not received by the deadline.B. How to Play: Each Game Piece contains nine (9) silver covered boxes. The Entrant must scratch off only five (5) of the nine (9) silver covered boxes. If all five (5) boxes contain the identical matching message/symbol, the Entrant is a winner or recipient either of a Prize or Discount, defined in Rule 3, depending on the message/symbol revealed and subject to verification. Any Game Piece on which more than five (5) boxes have been scratched off or exposed in any manner, in whole or in part, is void, as determined by Sponsor in its sole and absolute discretion.
- PRIZES AND DISCOUNTS: There is a total of Fifty-Two Thousand Nine Hundred Sixty-one (52,961) “Prizes” available to be won in the Game. There is a total of Two Hundred Seventy-Seven Thousand Thirty-nine (277,039) Discounts available. These numbers are based on the anticipated maximum distribution of Three Hundred Thirty Thousand (330,000) Game Pieces.
Quantity Odds of Winning Prize Description Description on Game Piece Approximate Retail Value
Total ARV 1 1:41,580,000 Grand Prize: One Hundred Thousand Dollars ($100,000) in the form of a check or wire transfer to the verified winner. $100,000 $100,000.00 $100,000.00 5 1:66,000 First Prize: 55” Television 55” TV $400.00 $2,000.00 5 1:66,000 Second Prize: Video Gaming System Video Game $300.00 $1,500.00 50 Gift Certificates/ 1 Car Lease Prize 1:6,600 for the Gift Certificate Third Prize: $50 Happy’s Pizza Gift Certificate PLUS a one in fifty (1:50) chance to win an Automobile Lease valued at $7,500 (the “Car Lease Prize”) $50 Gift Certificate $50 for the Gift Certificate/ $7,500 for the Car Lease $2,500 for the Gift Certificates/ $7,500 for the Car Lease 2,500 1:132 Fourth Prize: One (1) Large Happy’s Hand Tossed Pizza with one (1) topping LG 1 Top $10.49 $26,225.00 5,000 1:66 Fifth Prize: One (1) Medium Happy’s Hand Tossed Pizza with one (1) topping MD 1 Top $8.24 $41,200.00 1,000 1:330 Sixth Prize: Cheeseburger Cheese Burger $5.99 $5,990.00 5,000 1:66 Seventh Prize: 1lb Potato Garlic Wedges 1lb Wedges $4.99 $24,950.00 15,000 1:22 Eighth Prize: A Five (5) Piece Happy’s Baked Wings Order 5 Happy Wings $4.99 $74,850.00 2,000 1:165 Ninth Prize: One (1) Large 8″ Happy’s Chocolate Chip Cookie Cookie $3.99 $7,980.00 4,000 1:82.5 Tenth Prize: One (1) order of Happy’s Bread Sticks Breadstick $3.99 $15,960.00 16,000 1:20.625 Eleventh Prize: One (1) order of Happy’s Small Fries Sm Fries $1.99 $31,840.00 2,400 1:137.50 Twelfth Prize: 20 oz. bottle of any Pepsi® product 20 oz Soda $1.69 $4,056.00 Total Number of Prizes Available To Be Won: 52,961 $252,051.00B. DISCOUNTS: Quantity Odds of Receiving Discount Descriptions Description on Game Piece 140,029 1:2.357 $2.00 off coupon with a single purchase of $15.00 or more at any participating Happy’s restaurant. $2 off $15 137,010 1:2.408 $1.00 off coupon with a single purchase of $12.00 or more at any participating Happy’s restaurant. $1 off $12 Total Number of Discounts Available: 277,039Limit: Only one (1) Grand Prize, First Prize, Second Prize, or Third Prize per Entrant. No more than Fifty-Two Thousand Nine Hundred Sixty-one (52,961) Prizes and Two Hundred Seventy-Seven Thousand Thirty-nine (277,039) Discounts will be awarded as set forth in the above tables. No more than Three Hundred Thirty Thousand (330,000) Game Pieces will be available.Subject to the total number of Game Pieces, there is no other limit on the number of Discounts or Fourth through Twelfth Prizes that an Entrant may receive.All federal, state and local taxes are solely the responsibility of the Prize winners and/or Discount recipients.No cash redemption, transfer or substitution of any Prize or Discount is permitted except that Sponsor, in its sole discretion, may substitute a Prize or Discount with one of equal or greater value. Return of any Grand Prize, First Prize, Second Prize or Third Prize notification as undeliverable will result in disqualification.
- HOW TO CLAIM A GRAND PRIZE, FIRST PRIZE, SECOND PRIZE, THIRD PRIZE OR CAR LEASE PRIZE: To claim a Grand Prize, First Prize, Second Prize or Third Prize: A winning Entrant must take his/her winning entire original Game Piece with the winning message and securely attach it to an 8½”x11” sheet of paper which contains, in the winner’s handwriting, his/her complete first and last name, street address (no P.O. Boxes), city, state, ZIP Code, daytime telephone number, e-mail address and signature (“Game Piece Submission”). The potential winning Entrant, at his/her sole cost and expense, must then send the Game Piece Submission by registered mail, certified mail, or overnight mail (Priority Mail Express – US Mail/Federal Express/UPS) received by October 17, 2017 to Mercury Promotions & Fulfillment, Happy’s Scratch-Off Giveaway Game, 35610 Mound Road, Dept. 20, Sterling Heights MI 48310-4725.
Upon receipt by Mercury of a complete and valid Game Piece Submission, Mercury will send the potential Grand Prize winner and each potential Third Prize winner, an Affidavit of Eligibility/Compliance & Publicity/Liability Release (“Documents”) for signature, as allowed by law.In addition, each potential Third Prize winner will be required to (i) provide a copy of his/her US driver or motor vehicle operator license and (ii) consent to a background check as part of the Documents to determine if the potential Third Prize winner could qualify for the Car Lease Prize. Mercury will inform each verified Third Prize winner that passes the background check that he/she qualified to participate in a random drawing for the Car Lease Prize and the time, place and location of the random drawing (“Car Lease Prize Random Drawing”). If a potential Third Prize winner does not qualify for the Car Lease Prize but is otherwise qualified to win the Third Prize, then the Sponsor may award the $50 Happy’s Gift Certificate and not invite the person to take part in the Car Lease Prize Drawing.The potential Grand Prize and Third Prize winners must send the completed Documents back to Mercury for receipt no later than October 23, 2017. Failure to comply with the required stated dates will result in forfeiture of the entire Grand Prize or Third Prize, as applicable. Allow 6 – 8 weeks from the date of verification or the end of the Game, whichever is later, for delivery of the Grand Prize, First Prize, or a Second Prize. Delivery of the Third Prize is set forth in Section 7 of these Official Rules. Potential First Prize and Second Prize winners will not be required to sign the Documents.NOTE: All Game Piece Submissions are subject to verification by the Sponsor in its sole and absolute discretion. Proof of mailing does not constitute proof of delivery. Entrants should make a copy of his/her Game Piece Submission for his/her records. The Grand Prize and the Car Prize winner will receive a Form 1099, as required for tax reporting purposes. All Game Piece Submissions (and required Documents) must be received by the required dates or they will be forfeited.NOTE: The Grand Prize, First Prize, Second Prize, Third Prize and Car Lease Prize (the “Major Prizes”) will only be awarded to verified winners in accordance with these Official Rules. If there are no verified winners for a Major Prize or if there less than the maximum number of verified winners for each Major Prize as set forth in the table set forth in Section 3A, then those Major Prizes without a verified winner may not be awarded at the Sponsor’s sole and absolute discretion. It is possible that all Major Prizes will not be awarded. There will be no second chance drawing.
- HOW TO REDEEM A FOURTH PRIZE, FIFTH PRIZE, SIXTH PRIZE, SEVENTH PRIZE, EIGHTH PRIZE, NINTH PRIZE, TENTH PRIZE, ELEVENTH PRIZE OR TWELFTH PRIZE OR DISCOUNT: To redeem a Fourth Prize, Fifth Prize, Sixth Prize, Seventh Prize, Eighth Prize, Ninth Prize, Tenth Prize, Eleventh Prize or Twelfth Prize (“In-store Prize”) or a Discount, a potential winner/recipient must present his/her entire original Game Piece, in person during normal business hours, at a participating Happy’s Pizza restaurant. Entrant is responsible for applicable sales tax and use tax. Game Pieces may not be exchanged for cash, sold, transferred or reproduced and must be relinquished at the time of redemption. All In-store Prizes and Discounts must be redeemed on or before October 31, 2017.
- VERIFICATION: All Game Piece Submissions are subject to verification prior to the awarding of a Prize or Discount. Game Pieces are null and void and will be rejected if not obtained in accordance with these Official Rules and through legitimate channels or if any part is determined by Sponsor or Mercury, whose decisions will be final in all matters relating to this Game, to be illegible, reproduced, counterfeited, mutilated, altered, or tampered with in any way, or if any Game Piece contains printing, production, typographical, mechanical, or other errors. Any person(s) attempting to tamper with or forge Game Pieces or any attempt to win by fraud in any manner may be prosecuted. Liability for a Game Piece containing printing or other errors is limited to replacement with another Game Piece, while supplies last. In the event of a printing or other error resulting in more winning Game Pieces than the number of Prizes or Discounts as stated in these Official Rules, a random drawing will be held among those holding such Game Pieces to award the number of Prizes or Discounts as stated in these Official Rules for that Prize or Discount category. In no event will Sponsor be obligated to award more than the stated number of Prizes or Discounts. All materials submitted become the property of the Sponsor and will not be returned.
- MORE INFORMATION ABOUT THE THIRD PRIZE/CAR LEASE PRIZE: A verified Third Prize winner must attend the Car Lease Prize Random Drawing to have a chance to win the Car Lease Prize. It is anticipated that the Car Lease Prize Random Drawing may take place in an automobile dealership located in the metropolitan Detroit, Michigan area. Sponsor reserves the right to conduct the Car Lease Prize Random Drawing in a different location and to change the location.
If a verified Third Prize winner resides more than two hundred (200) miles round-trip but less than four hundred (400) miles round-trip from the location of the Car Lease Prize Random Drawing, as determined by the Sponsor in its sole and absolute discretion, the Third Prize winner will receive a $25 gas card to pay for the cost of gasoline to attend the Car Lease Prize Random Drawing. If a verified Third Prize winner resides more than four hundred (400) miles round-trip from the location of the Car Lease Prize Random Drawing, the Third Prize winner will receive a $50 gas card to pay for the cost of gas to attend the Car Lease Prize Random Drawing. The gas cards will be provided to the winner at the Car Lease Prize Random Drawing.At the Car Lease Prize Random Drawing, Sponsor will randomly select one potential Car Lease Prize winner from all Third Prize winners in attendance. The Car Lease Prize is a two (2) year lease of a vehicle to be determined by Sponsor in its sole and absolute discretion (the “Lease”) which has an ARV of up to Seven Thousand Five Hundred Dollars ($7,500). The Lease will state the vehicle’s annual permitted mileage (estimated to be 10,000 miles per year). The verified Car Lease Prize winner will be required to sign a Lease agreement at a time set forth by the Sponsor in its sole discretion. The potential Car Lease Prize winner must be a licensed US driver or motor vehicle operator and will be required to produce evidence of a valid driver license and insurance certificate prior to tendering of the vehicle to the verified Car Lease Prize winner.If a verified Third Prize winner is selected as the potential Car Lease Prize winner and he/she does not qualify for the Lease, the Sponsor may select an alternative potential Car Lease Prize winner from the verified Third Prize winners in attendance. Only a Third Prize winner who qualifies for the Lease may be awarded the Car Lease Prize. It is possible that the Car Lease Prize will not be awarded.The verified Car Lease Prize winner is responsible for all obligations under the Lease including, but not limited to fees assessed for exceeding the allotted annual mileage allowed, tax, title, registration, automobile liability/property damage insurance and gasoline relating to the vehicle.No substitutions, cash equivalents or transfers of Car Lease Prize permitted by the verified Car Lease Prize Winner. The actual style, model, make, color, design and features of the vehicle may vary from any depictions of it in the promotion materials. The applicable prize provider will determine the style, model, make, color, design and features including but not limited to interior and exterior features. No more than one (1) Car Lease Prize will be awarded. The Sponsor will deliver the vehicle at the Car Lease Prize Random Drawing location or any other location as determined by the Sponsor in its sole and absolute discretion.If a verified Third Prize winner attends the Car Lease Prize Random Drawing, then he/she will receive the Third Prize at the Car Lease Prize Random Drawing. If a verified Third Prize winner does not attend the Car Lease Prize Random Drawing, he/she will receive the Third Prize as set forth in Section 4 of these Official Rules. A verified Third Prize winner will not be required to attend the Car Lease Prize Random Drawing as a condition of receiving the Third Prize.Note: The Sponsor, in its sole and absolute discretion at any time, reserves the right to substitute a cash prize of up to Seven Thousand Five Hundred Dollars ($7,500) for the Lease. Further, the Sponsor has the right to cancel the event inviting the verified Third Prize winners to the Car Lease Prize Random Drawing and to conduct the random drawing for the Car Lease Prize without such event.
- LIMITATION OF LIABILITY: By participating in this Game, Entrants agree that the Game Entities and each of their respective representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, and each of their respective officers, directors, stockholders, members, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable mail; (ii) any technical, mechanical, programming, printing or typographical or other error; (iii) the incorrect or inaccurate capture of Entrant’s information or the loss of, any such information; (iv) any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Game and/or accepting a Prize or Discount; and (v) Game Pieces that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules.
By entering the Game, each Entrant agrees to forever and irrevocably release, defend, and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) his or her preparation for, travel to, or his or her participation in the Game, including, but not limited to, any Game-related activity or element thereof, (b) acceptance, possession, use, or misuse of the Prize/Discount (or any component thereof); and (c) any claims based on publicity rights, defamation, use of one’s Entry as set forth herein these Official Rules, invasion of privacy or merchandise delivery.If, for any reason, the Game is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Game and/or proceed with the Game, including the selection of a Prize winner or Discount recipient in a manner it deems fair and reasonable, including the selection of a winner from among Game Pieces received from Entrants prior to such cancellation, termination, modification or suspension. Entrants waive any right to claim ambiguity in these Official Rules.Without limiting the foregoing, everything regarding this Game, including any Prize, is provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
- LIMITATION OF LIABILITY/DISPUTES: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Game 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 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 Game, 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 Game, 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. Entrants agree that the statute of limitations for asserting any claims with respect to this Game shall be no longer than a period of one (1) year from the time the cause of action accrued, or the cause of action shall be forever barred.
- PUBLICITY RIGHTS: By participating in the Game and/or accepting a Prize or Discount, Entrant agrees to allow Sponsor and/or Sponsor’s designee the perpetual right, where lawful, to use his/her name, biographical information, photos and/or likeness, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, worldwide, including but not limited to on the Internet, without notice, review or approval and without additional compensation except where prohibited by law. IF ENTRANT IS CHOSEN AS A WINNER, ENTRANT’S NAME, CITY AND STATE MAY BE DISCLOSED TO THIRD PARTIES FOR PRIZE/DISCOUNT FULFILLMENT PURPOSES AND ENTRANT’S NAME MAY BE PLACED ON A WINNERS LIST.
- GENERAL: By entering this Game, Entrants agree to abide by and accept these Official Rules and the decisions of Sponsor or Mercury which shall be final and binding in all matters relating to this Game. Sponsor reserves the right, to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Game; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to annoy, harass, abuse or disrupt any person or the normal operation of this Game. All materials submitted become the property of Sponsor and will not be returned and no communication will be entered into. In the event of any conflict with any Game details contained in these Official Rules and any Game-related materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Game as set forth in these Official Rules shall prevail.
- WINNERS LIST: For the name of the Grand Prize, First Prize, Second Prize, Third Prize & Car Lease Prize winners, send a self-addressed, stamped envelope to: Happy’s Scratch-Off Giveaway Game Winners List, 35610 Mound Road, Dept. 900, Sterling Heights MI 48310-4725, by November 15, 2017.