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Pei Wei Asian Diner, LLC Presents

Pei Wei’s Biggest Fan Contest
OFFICIAL RULES

NO PURCHASE OR RESTAURANT VISITATION NECESSARY TO ENTER OR WIN.
A PURCHASE OR RESTAURANT VISITATION WILL NOT INCREASE YOUR CHANCES OF WINNING.

THE PROMOTION IS OPEN ONLY TO LEGAL RESIDENTS OF THE FORTY-EIGHT (48) CONTIGUOUS UNITED STATES OR THE DISTRICT OF COLUMBIA WHO ARE THIRTEEN (13) YEARS OF AGE OR OLDER AT TIME OF ENTRY.

VOID IN ALASKA AND HAWAII AND WHERE PROHIBITED.

DESCRIPTION:

Pei Wei Asian Diner, LLC (the “Sponsor”) Biggest Fan Contest (the “Contest” or “Promotion”) is a video contest in which entrants (the “Entrants” or “Participants”) are asked to post a short video to either Instagram (“Instagram”) or TikTok (“TikTok”) that shows his/her love for Pei Wei and why the Entrant is Pei Wei’s biggest fan. Upon submission and review, all eligible Entries will be subject to judging to determine up to ten (10) finalists whose videos will be posted for public voting. There will be one (1) First Place prize winner, one (1) Second Place prize winner, and one (1) Third Place prize winner selected in the Contest. See Rule #2 below for complete eligibility requirements.

1) CONTEST DATES:

The Contest starts on July 1, 2024 at 12:00:00 AM Eastern Time (“ET”) and ends on September 6, 2024 at 11:59:59 PM ET (the “Contest Period” or “Promotion Period”). Instagram and TikTok runs the official clock for the Contest and will solely determine the time by which an Entry is received. During the Contest Period, there are a series of events which start and end on or about the dates and times noted below, which may be amended:

EVENTSEvents START at 12:00:00 AM ETEvents END at 11:59:59 PM ET
ENTRY SUBMISSION PERIOD7/1/20247/31/2024
MODERATION AND JUDGING8/1/20248/16/2024
POTENTIAL FINALIST NOTIFICATION & CLEARANCE8/19/20248/23/2024
PUBLIC VOTING8/26/20248/30/2024
WINNER ANNOUNCEMENTSeptember 6, 2024

Note: All dates/times are 2024/Eastern Time. Sponsor in its sole discretion reserves the right to extend the Entry Submission Period if not enough qualified Entries are received to award the Contest prizes (as noted in Rule #7 below). If the Entry Submission Period is extended, such notice will be published on the contest website at here. All dates are subject to change. All decisions of the Sponsor are final and binding.

2) ELIGIBILITY:

The Contest is open only to legal residents of the 48 contiguous United States (excludes Alaska and Hawaii) and the District of Columbia who are 13 years of age or older at time of Entry. and have an Instagram or TikTok account and follow the instructions herein to enter. Entrants under the age of 18 (a “Minor”) must have the permission of their parent or legal guardian prior to participating. A Minor Entrant will be required to provide parental consent in a form satisfactory to the Sponsor before he or she can be declared a winner, and any prize can be awarded under the terms of these Official Rules. All Entrants are subject to the conditions and limitations on eligibility as set forth in these Official Rules. Employees and non-employee workers of Pei Wei Asian Diner, LLC, Jet Tila, and their respective parents, members, agents, representatives, officers, directors, shareholders, and employees that are involved in the development or execution of the Promotion (collectively “Promotion Parties”), and the immediate families (spouse and parents, children and siblings, and their respective spouses regardless of where they live) and individuals living in the same households, whether related or not, of the above, are not eligible to enter or win a prize. Each Entrant by participating in the Promotion agrees to be bound by the Official Rules and by Sponsor’s decisions, which are final and binding in all matters related to this Promotion. Void where prohibited or restricted by law. The Promotion is subject to all applicable federal, state, and local laws and regulations.

3) HOW TO ENTER AND ENTRY REQUIREMENTS:

No purchase necessary to enter or win. To enter the Contest, you must submit your entry to Instagram (www.Instagram.com) or TikTok (www.tiktok.com) as further described below. You must be a registered user of Instagram or TikTok and your account must be set to public and viewable by Sponsor. If you do not have an account, you can download the Instagram or TikTok App (each an “App”) at either Google Play or the App Store and follow the instructions to create an account. There is no fee or charge to become a registered user of either Instagram or TikTok. By submitting your information and creating an account, you agree to the respective terms of use and privacy notice. If you do not agree to such terms of use and privacy notice, you cannot create a respective account, or participate in the Contest.

To Enter via Instagram:
  1. Open the Instagram App on your mobile device;
  2. You must follow @peiweiasiankitchen;
  3. Post a 30 to 60 second video to your personal page that shows your love for Pei Wei and why you are Pei Wei’s biggest fan.
  4. Include the hashtag #PeiWeiBiggestFanContest
To Enter via TikTok:
  1. Open the TikTok App on your mobile device;
  2. You must follow @peiwei.
  3. Post a 30 to 60 second video to your personal page that shows your love for Pei Wei and why you are Pei Wei’s biggest fan.
  4. Include the hashtag #PeiWeiBiggestFanContest hashtag

Your Entry must comply with Instagram’s Terms of Use available at https://instagram.com/legal/terms/# or TikTok’s Community Guidelines available at https://www.tiktok.com/community-guidelines/en/, whichever is applicable.

All entry information and comments (including the required hashtag as noted above) shall be collectively referred to herein as the entry (the “Entry”). Regardless of method of entry, there is a limit of one (1) Entry per person throughout the Contest Period.

Usage of Instagram and TikTok may require a mobile device and therefore you may be charged for standard data rates according to the terms and conditions in your agreement with your wireless carrier. You agree to incur any and all charges assessed and demanded by your wireless carrier. You should also check your device’s features for capabilities and check the device manual for specific use instructions.

The person submitting the Entry must be the authorized account holder of the Instagram or TikTok account, otherwise the Entry may be deemed void by Sponsor, in its sole discretion. In the event of a dispute over the identity of a potential finalist/winner, Sponsor will consider the Entry and then will determine and declare the authorized account holder OR owner of the Instagram or TikTok account used for entry. Potential finalists/winners may be required to provide identification sufficient to show that he/she is the authorized account holder of such Instagram or TikTok account. The “authorized account holder” is the natural person assigned to the applicable Instagram or TikTok account. Multiple accounts may not be used, and anyone found to use multiple accounts to enter will be deemed ineligible and any entries will be deemed void and disqualified by Sponsor.

Unless prohibited by law, by submitting an Entry, you hereby agree with the grant of rights in Rule #8 and waive any rights of privacy, rights of publicity, intellectual property rights, and other rights that may preclude Sponsor from using or disclosing all or any part of your Entry in any manner and for any purpose. By submitting an Entry, you further release the Sponsor from any future claims arising out of any use or disclosure of your Entry consistent with these Official Rules. Without limitation to the foregoing, Sponsor may screen and publish all or any part of your Entry on the Contest Website, the Internet, Social Media, or in other media during and following the Contest Period at the discretion of the Sponsor. The use or publication of an Entrant’s name or information in connection with the Contest does not signify that the Entrant is a Contest Winner. By submitting an Entry, you acknowledge and agree that you will not now or in the future be paid or compensated in any way for your Entry or for granting the Sponsor any of the rights set out in these Official Rules, whether your Entry is a finalist or winner or not. You further agree that Sponsor is not obligated to make use of any of the rights granted in these Official Rules or to use any Entry in any way.

By submitting your Entry, you agree that (1) your Entry conforms to any and all terms of use/ platform guidelines, policies and content restrictions of Instagram or TikTok; (2) conforms to the Guidelines and Content Restrictions below; and (3) Sponsor, in its sole discretion, and without notice, may disqualify you from the Promotion if they determine that your Entry fails to conform to these Official Rules including without limitation the Guidelines and Content Restrictions below.

Guidelines and Content Restrictions
  • Your Instagram or TikTok privacy options on your account settings must be set to “OFF.” You can return your Instagram or TikTok account to “private” any time after the winner’s announcement.
  • The Entry must be in English and include the required hashtag, #PeiWeiBiggestFanContest;
  • The Entry must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity, copyright, trademark, or other intellectual property rights;
  • The Entry must not disparage or embarrass Sponsor, their owners and employees, or any other person or party affiliated with the Contest;
  • The Entry must only feature the Entrant and Pei Wei crew members, as applicable. All Entrants must obtain a completed release for any Entry submission that includes Pei Wei crew members and provide the completed release to the Sponsor at the Sponsor’s request;
  • The Entry must not include any private information such as a name, address, phone number or email address;
  • The Entry must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous, or libelous;
  • The Entry must not contain any materials relating to lotteries, gambling, tobacco, alcohol or drugs, pornography, adult-oriented content, or any other sexually explicit material;
  • The Entry must not contain anything that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;
  • The Entry must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Entry is created; and
  • The Entry must not in any other way violate applicable federal, state, or local laws and regulations; and must be suitable for presentation in a public forum.

If the Sponsor determines that the content of the Entry does not comply with the Guidelines and Content Restrictions, the Entry will not be eligible for any prize consideration and may be withdrawn without notice from the Contest at any time at the sole discretion of the Sponsor.

If the Entry includes any of the prohibited content listed above, at the sole determination of Sponsor, the Entry will be disqualified. The above list is not intended to be exhaustive; Sponsor may disqualify an Entry if it includes any content which, in Sponsor’s opinion, is otherwise unsuitable in connection with this Contest. Sponsor reserves the right to reject or disqualify any Entry at any time, for any reason in its sole discretion, without incurring any liability.

WARRANTY: By entering the Contest, each Entrant represents and warrants that (a) any video provided as part of the Entry is original to Entrant and does not infringe upon or otherwise violate any right of any third party and (b) Entry does not include any restricted content as defined above, or other material that would violate applicable law.

BY SUBMITTING AN ENTRY, EACH ENTRANT FURTHER WARRANTS AND REPRESENTS THAT HIS/HER ENTRY COMPLIES WITH ALL CONDITIONS STATED IN THESE OFFICIAL RULES.

4) MODERATION AND JUDGING:

All Entries received will be reviewed by the Sponsor to ensure compliance with the Official Rules. Sponsor may reject, refuse or disqualify any Entry that is deemed inappropriate, ineligible or otherwise non-compliant with these Official Rules. Each eligible Entry will then be reviewed by a panel of qualified judges comprised of representatives of the Sponsor who will review the Entries based on the following criteria (in response to a video that shows your love for Pei Wei and why you are Pei Wei’s biggest fan):

  • Appropriateness to Contest Theme: Does the video align with the Contest entry requirements? (30% of total score).
  • Creativity and Originality of Entry: Is the video engaging and unique? Does the video have a high level of entertainment value? (50% of total score).
  • Social Media Engagement: Does the video resonate with Entrants’ followers on social media? (10% of score).

EACH ENTRANT HAS THE POTENTIAL TO EARN A TOTAL SCORE OF 90. IN THE EVENT OF A TIE, THE TIED ENTRIES WILL BE RE-JUDGED BY A DIFFERENT PANEL OF QUALIFIED JUDGES AS DETERMINED BY THE SPONSOR USING THE ABOVE CRITERIA.

The ten (10) Entries with the highest score will be named potential finalists (“Potential Finalist” or “Potential Finalists”) and move forward to public voting as further detailed below in Rule #5 and Rule #6.

5) FINALIST NOTIFICATION AND CLEARANCE:

The Potential Finalists will be notified by the Sponsor via direct message from @peiweiasiankitchen or @peiwei to the potential winner’s Instagram or TikTok account to request contact information. The required response to such direct message (e.g., full name, mailing address, email address, etc.) must be received within two (2) business days from the time initial direct message was sent or such Potential Finalist will be disqualified, and an alternate Potential Finalist will be selected. Sponsor assumes no responsibility for undeliverable direct message resulting from any form of active or passive filtering by Instagram or TikTok or for insufficient space in user’s account to receive direct messages. Return of any direct message as undeliverable will result in disqualification of potential winner and an alternate Potential Finalist will be selected. Each Potential Finalist will then be contacted by the Sponsor via email and the Potential Finalist (and his/her parent or legal guardian if considered a Minor) will be required to complete, sign, and return an affidavit of eligibility and liability release and, where legal, a publicity (collectively, the “Affidavit”). If a Potential Finalist (i) cannot be contacted after a reasonable attempt has been made by the Sponsor (in its sole discretion); or (ii) fails to return the completed Affidavit by the date stated in the notification letter/email; or (iii) the finalist notification is rejected or returned as undeliverable, then such Potential Finalist will be disqualified and forfeits all rights to be deemed a finalist and an alternate Potential Finalist will be notified, time permitting. Sponsor reserve the right in its sole discretion to award fewer than the stated number of Finalists if fewer than ten (10) eligible Entries of sufficient quality are received or if Sponsor is unable to verify ten (10) Finalists. Upon finalist forfeiture, no compensation will be given.

EACH POTENTIAL FINALIST AGREES THAT THE SPONSOR MAY, IN ITS SOLE DISCRETION, PERMIT THE SPONSOR TO CONDUCT A CRIMINAL BACKGROUND CHECK ON HIM OR HER. THE SPONSOR RESERVES THE RIGHT TO DISQUALIFY ANY FINALIST ON THE BASIS OF ANYTHING CONTAINED IN, LEARNED, OR OBTAINED AS A RESULT OF, SUCH BACKGROUND CHECK. UNLESS PROHIBITED BY LAW, FINALISTS WILL BE REQUIRED TO SIGN WAIVER FORMS AUTHORIZING THE RELEASE OF PERSONAL AND CRIMINAL BACKGROUND INFORMATION TO THE SPONSOR, AND TO COMPLETE A CRIMINAL BACKGROUND QUESTIONNAIRE TO REMAIN ELIGIBLE FOR THE CONTEST.

6) PUBLIC VOTING:

Up to ten (10) Finalists’ videos (as determined by the Sponsor) will be posted to the Sponsor’s Instagram page at @peiweiasiankitchen and the Sponsor’s TikTok page @peiwei for public vote. Anyone visiting Instagram or TikTok during the Public Voting Period is eligible to vote by liking the video(s) of their choice. In order to vote, voters must be a registered user of Instagram or TikTok. Voting is limited to one vote per person per video during the Public Voting Period of the Contest.

Suggested voting criteria:
  • Appropriateness to Contest Theme.
  • Creativity and Originality of Entry.
  • Social Media Engagement.

Each Finalist’s Entry’s percentage of votes will carry a 10% weight and the judging scores from Judging will carry a 90% weight in the determination of the winners. The Finalist with the highest combined score will be deemed the potential First Place winner, etc.

IN THE EVENT OF A TIE, THE TIED ENTRIES WILL BE RE-JUDGED BY A DIFFERENT PANEL OF QUALIFIED JUDGES AS DETERMINED BY THE SPONSOR USING THE BELOW CRITERIA.

  • Appropriateness to Contest Theme. (30% of total score)
  • Creativity and Originality of Entry. (50% of total score)
  • Social Media Engagement. (20% of total score)

7) PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”):

One (1) First Place Prize: A prize package comprised of $5,000 (issued in the form of a prize check provided by the Sponsor), custom Pei Wei Shoes designed by Jake Danklefs, a private virtual cooking lesson with Celebrity Chef Jet Tila (on a date and time as solely determined by the Sponsor), and Pei Wei Merchandise (as solely determined by the Sponsor). There is no value associated with the cooking lesson portion of the First Place Prize. ARV: $5,800. One (1) Second Place Prize: $3,000 (issued in the form of a prize check provided by the Sponsor) and Pei Merchandise (as solely determined by the Sponsor). ARV: $3,100. One (1) Third Place Prize: $2,000 (issued in the form of a prize check provided by the Sponsor) and Pei Merchandise (as solely determined by the Sponsor). ARV: $2,100. Total ARV of all prizes to be awarded in the Contest: $11,000.

Each potential Prize winner (or their parent or legal guardian, should such potential Prize winner be a Minor in his/her state of residence) must complete and return IRS Form W-9 to include winner’s social security number (that will be used only for the purpose of reporting the winner’s prize earnings to the Internal Revenue Service) prior to being named a Prize winner. Prize will only be awarded upon winner verification and final approval of Sponsor. No prize substitution, transfer or assignment of prize permitted, except by Sponsor in its sole discretion. Only one (1) First Place Prize, one (1) Second Place Prize, and one (1) Third Place Prize will be awarded in the Contest, provided that a sufficient number of qualified entries have been received. Limit of one prize per person.

8) GRANT OF RIGHTS BY ENTRANT:

By submitting an Entry, to the extent permitted by law, Entrant hereby irrevocably grants to Sponsor, its affiliates, agents and licensees, a perpetual, royalty-free, worldwide, assignable, sub-licensable license (i.e., right) and permission to unconditionally reproduce, edit, modify, cut, rearrange, add to, delete from, copy, distribute, translate, dub, adapt, copy, store, transmit, distribute, publish, display, adapt, create derivative works of or based on, exploit and/or otherwise use or reuse the Entry (including the content of and elements embodied in any video submission), name, statements, background and biographical information/data, stories, testimonials or other likeness, prize information, personal information contained in the Entry, or arising out of participation in the Contest, for advertising, promotional, commercial, publicity and/or any other purposes (without limitation), in any and all media now or hereafter known (including but not limited to digital and electronic media, computer, audio and audiovisual media), in any language, throughout the world, in perpetuity and in any manner without further review by, notice to, approval of, consideration or compensation to the Entrant.

9) WAIVER, RELEASE, AND LIMITATION OF LIABILITY:

Entrants waive and release the Promotion Parties from any and all claims that Entrant may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral,” fine art protections, rights of attribution or unfair competition with respect to Sponsor’s exploitation of Entries without further notification or compensation to the Entrant of any kind, and agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor its employees, contractors, officers and directors of Sponsor and respective parent companies, affiliates, subsidiaries, advertising, promotional, fulfillment and marketing agencies, or any other person in connection with this Contest, on the grounds that any use of any Entry, or any derivative works, infringe, or violate any of Entrants rights therein.

EACH ENTRANT ACCEPTS THE CONDITIONS, STATED IN THESE OFFICIAL RULES (ACCESSIBLE AT here, AGREES TO BE BOUND BY THE DECISIONS OF THE JUDGES, WARRANTS THAT HE OR SHE IS ELIGIBLE TO PARTICIPATE IN THIS CONTEST, AND AGREES TO RELEASE, INDEMNIFY, AND HOLD HARMLESS PEI WEI ASIAN DINER, LLC, JET TILA, INSTAGRAM AND TIKTOK (COLLECTIVELY “RELEASED ENTITIES”) FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, AND DAMAGES OF ANY KIND, (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ASSERTED AGAINST ANY OF THEM, INCURRED, SUSTAINED, OR ARISING IN CONNECTION WITH THE USE, ACCEPTANCE, MISUSE OF THE PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY CONTEST-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY, OR FROM THE RESPECTIVE ENTRANTS’ BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE CONTEST, INCLUDING THESE OFFICIAL RULES. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE RELEASED ENTITIES AND EACH OF THEIR LICENSEES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Released Entities is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to provide any submission to Sponsor for purposes of the Contest does not place the Released Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entry, other than as set forth in these Official Rules. Each Entrant acknowledges that many submissions may be competitive with, similar to, or identical to their Entry. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material that has or may come to Sponsor’s, or any of them, from other sources. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of any Released Entities’ actual or alleged exploitation or use of any submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any program, website, advertising, materials or other thing based on or allegedly based on the submission, and Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. Each Entrant hereby acknowledges and agrees that the Sponsor’s trademarks are the exclusive property of Sponsor. Each Entrant further acknowledges and agrees that Sponsor’s marks are valid and enforceable, and that Entrant shall do nothing to challenge the validity or enforceability of the Sponsor’s marks in any forum. Entrants agree that the use of Sponsor’s marks, slogans and characters is permitted only for the purpose of making an Entry to participate in this Contest, and that any use of Sponsor’s marks, slogans, and characters (whether in the Entry submission or otherwise) beyond this scope infringes the rights of Sponsor and will result in irreparable harm to Sponsor.

10) TECHNICAL ISSUES/EARLY TERMINATION:

Released Entities are not responsible for: (a) electronic transmissions or entries of any kind that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, or misdirected; (b) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation of transmission, communication failures, destruction or unauthorized access to, or alteration of, entries; (c) failed or unavailable hardware, network, software or telephone transmissions, damage to Entrant’s or any person’s mobile device/computer and/or its contents, or causes beyond the Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Contest; (d) any entries submitted in a manner that is not expressly allowed under these Official Rules; (e) incorrect or inaccurate Entry-related information whether caused by Entrant or by any of the equipment or programming associated with or utilized in the Contest; (f) any typographical or other error in the printing or advertising of this offer, administration or execution of the Contest, or in the announcement of the prize winners; or (g) cheating or fraud by any Entrant. If for any reason this Contest cannot be executed as planned, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of this Contest, or if this Contest is compromised or becomes technically corrupted in any way, electronically or otherwise, or if fire, flood, explosion, war, embargo, government requirement, fraudulent, criminal or grossly negligent acts, security breaches, civil or military authority, terrorism, acts of God, (e.g., natural disasters, weather, etc.) or an unforeseeable health event (e.g. pandemic or epidemic), acts or omissions of carriers, or any other cause beyond Sponsors’ control, interfere with the process for the Contest as contemplated by these Official Rules, as determined by Sponsor in its sole discretion, Sponsor, may, without prior notice, terminate, modify or suspend the Contest, in whole or in part. If this Contest is terminated before the original end date, Sponsor reserves the right, at its sole discretion, to determine the prize winners from among all non-suspect, eligible Entries received up to the time of such action using the judging procedure set forth herein. In the event of early termination of the Contest, Sponsor will post a notice regarding the termination on the Contest Website. Sponsor reserves the right, at its sole discretion, to disqualify and prosecute any individual who tampers with or attempts to tamper with the Entry process or who enters more than one time. All decisions of Sponsor are final.

The Released Entities do not assume any responsibility for any disruption in the Contest caused by circumstance or other unforeseen events outside of the control of the Sponsor In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Contest materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control.

11) TAX INFORMATION:

Any federal, state, local, and other income taxes on prizes are the sole responsibility of the respective Winner.

12) PRIVACY:

By entering the Promotion, you grant the Released Entities permission to use your personal information in accordance with Sponsor’s privacy policy which can be found at here. By participating in the Promotion, Entrants hereby acknowledge that they have read and accepted Sponsor’s privacy policy. Information collected from Entrants (such as name, postal address, and email address) is used only for the purpose to notify the potential winner, and will not be re-used, sold, or shared in any manner by Sponsor or any third parties unless Entrant has opted-in to receive additional information and marketing or promotional material from Sponsor or a third party.

13) DISPUTES AND GOVERNING LAW:

This Promotion is conducted in English (which will be given its everyday ordinary meaning), and Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resorting to any form of class action, and exclusively by the United States District Court for Irving, Texas or the appropriate Texas State Court; 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 the Promotion, but in no event attorneys’ fees. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor’s in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.

14) WINNER ANNOUNCEMENT:

Upon final verification, the Sponsor’s Instagram and TikTok page will be updated to showcase the First Place Prize winner, Second Place Prize winner, and the Third Place Prize winner.

15) SPONSOR:

Pei Wei Asian Diner, LLC, 1707 Market Place Blvd., Suite 300, Irving, TX 75063.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

This Contest is in no way sponsored, endorsed, administered or associated with Instagram or TikTok.

Jake Danklefs and Jet Tila are not Sponsors of this Contest.

Instagram is a registered trademark of Instagram, Inc. Entrants understand that they are providing their information to Sponsor, and not to Instagram. Any questions, comments or complaints regarding the Contest are to be directed to Sponsor, at the address noted above, not Instagram.

TikTok is a registered trademark of TikTok Inc. Entrants understand that they are providing their information to Sponsor, and not to TikTok. Any questions, comments or complaints regarding the Contest are to be directed to Sponsor, at the address above, not TikTok.