IHOP® Scary Face Pancake Photo Contest Official Rules
(“Contest Official Rules”)


THIS CONTEST IS INTENDED FOR PARTICIPATION IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE THE CHANCE OF WINNING. VOID IN COLORADO, MARYLAND & WHERE PROHIBITED OR RESTRICTED BY LAW.

ELIGIBILITY: The IHOP® Scary Face Pancake Photo Contest (“Contest”) is open only to individuals who are thirteen (13) years of age or older and are legal residents of the United States or the District of Columbia (excluding residents of Colorado and Maryland). Eligible minors must obtain their parent’s or legal guardian’s permission prior to participating and may be required to provide evidence of such permission. The following persons are not eligible to participate: Employees, contractors, directors and officers of International House of Pancakes, LLC (“Sponsor”), MRM//McCann (“MRM//McCann”), Mondelēz International d/b/a OREO, their respective parent, subsidiary and affiliated companies, franchisees, distributors, web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Contest (collectively, “Promotional Parties”), and their immediate family members (spouse, parent, child, sibling, grandparent, and/or “step”) of each and those living in their same households (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Contest). The Contest is subject to all applicable federal, state, and local laws and regulations. Void in Colorado, Maryland and where prohibited. Certain eligibility restrictions may apply.

  • AGREEMENT TO CONTEST OFFICIAL RULES: By participating in the Contest, entrant fully and unconditionally agrees to and accepts these Contest Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Contest.
  • SPONSOR: International House of Pancakes, LLC, 450 North Brand Boulevard, Glendale, CA 91203.
  • CONTEST TIMING AND PHASES: Contest begins at 12:00 a.m. Eastern Time (“ET”) on October 1, 2017 and ends at 11:59 p.m. ET on November 1, 2017 (“Contest Period”). The Contest Period will be divided into four (4) weekly periods as outlined in the chart below (each, a “Weekly Period”).

Weekly Period

Begins at 12:00 a.m. ET on:

Ends at 11:59 p.m. ET on:

Winners notified on or about:

1

October 1, 2017

October 8, 2017

October 15, 2017

2

October 9, 2017

October 15, 2017

October 22, 2017

3

October 16, 2017

October 22, 2017

November 1, 2017

4

October 23, 2017

November 1, 2017

November 8, 2017

  • CONTEST PARTICIPATION: NO PURCHASE NECESSARY AND NO ENTRY FEE, PAYMENT, OR

PROOF OF PURCHASE IS NECESSARY TO PARTICIPATE.

HOW TO ENTER:

PHASE 1: Entry Phase
To enter, participants must comply with the following entry requirements (“Entry Requirements”):

  • Eligible participants must have their Instagram, Facebook, and Twitter profile set to public.
  • Participants must take a photo at IHOP that captures themselves and/or their friends and family members creating their own original “IHOP Scary Pancake Face” and upload the photo (“Photo”) to their personal Instagram or Twitter page. Participants may also post a Photo to the IHOP brand Facebook page at www.facebook.com/IHOP but may not post a photo to their personal Facebook timeline; photos posted to personal timelines will not be considered.
  • In the Photo description, participants must include the hashtags #ScaryFacePancake and #Entry (“Caption”). Failure to include a Caption that includes the hashtags #ScaryFacePancake and #Entry will result in the Photo being disqualified.
  • Participants must upload and share the Photo and Caption by the dates and times specified in the chart above to be considered an eligible “Entry” for the applicable Weekly Period.
  • Participants who comply with these entry requirements and the Entry guidelines (see below) will receive one (1) Entry into the Contest.

Entry Guidelines

Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:

  • is sexually explicit or suggestive; violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
  • promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
  • is obscene or offensive; endorses any form of hate or hate group; appears to duplicate any other submitted Entries;  
  • defames, misrepresents or contains disparaging remarks about other people or companies;
  • contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission; contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
  • contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
  • contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
  • contains look-alikes of celebrities or other public or private figures, living or dead;
  • communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or
  • violates any law.

Compliance with the Entry Requirements and Entry Guidelines will be determined by Sponsor in its sole discretion. One (1) Entry per person per social media channel per day. Multiple Entries per day from the social media channel account may be disqualified at Sponsor’s sole discretion. Entries must be substantially different from any/all Entries previous submitted by an individual. If you do not have an Instagram, Facebook, and Twitter account, follow the onscreen instructions to register for a free Instagram account by visiting http://Instagram.com, https://www.facebook.com, and https://twitter.com. Entries that violate, as determined by the Sponsor, in its sole discretion, these Entry Requirements and the Entry Guidelines or do not meet the Entry deadlines will be disqualified from the Contest.

Sponsor is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected Entries, which are disqualified. Use of any automated program to enter will result in disqualification. In the event of a dispute as to any online entry, the authorized account holder of the social media account used to enter will be deemed to be the entrant. Potential winners may be required to show proof of being the authorized account holder.

If entering via a mobile phone or other web-enabled device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply.  Entrants are responsible for any data and messaging rates that might apply.  Entries must be in compliance with the Entry Guidelines. Entries must also comply with any applicable Entry requirements and terms of use as dictated by the social media application used for entry, Instagram, Facebook, and Twitter.

Entry must be the original work of the entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity.  If the Entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to Entry of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Contest Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render Entry null and void.  By submitting an Entry, entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Entry consent to the Entry and use of the Entry in the Contest and to its use as otherwise set forth herein.

 

PHASE 2: Judging Phase

All eligible Entries received by Sponsor for each Weekly Period will be judged by a panel of qualified judges based on the following criteria: originality (35%); creativity (35%); and adherence to Contest theme (30%) (the “Judging Criteria”). The twenty five (25) Entries with the highest scores for each Weekly Period will be deemed potential winners (for a maximum total of one hundred (100) winners throughout the Contest Period). Non-winning Entries from one Weekly Period will not carry over or be considered for subsequent Weekly Periods, if any. In the event of a tie, an additional, “tie-breaking” judge will determine the potential winner(s) based on the Judging Criteria listed herein. Sponsor reserves the right to choose fewer than twenty five (25) potential winners for any Weekly Period if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries. Potential winners are subject to verification of eligibility and compliance with these Contest Official Rules.

Winner Notification

Potential winners will be notified by Sponsor (as @IHOP) by a comment or direct message on potential winner’s Instagram, Facebook, or Twitter profile alerting them of their potential prize.  It is each entrants sole responsibility to configure their privacy settings on Instagram, Facebook, or Twitter such that you may receive a notification of being a potential winner.  

Potential winners must continue to comply with all terms and conditions of these Contest Official Rules and winning is contingent upon fulfilling all requirements.  Proof of U.S. residency, age, and identity may be required to claim a prize.  Potential winners are subject to verification by Sponsor, whose decisions are final and binding in all matters related to the Contest.  An entrant is not a winner of any prize unless and until entrant’s eligibility has been verified and entrant has been notified that verification is complete.  In the event that a winner is determined to be ineligible or fails to respond to Sponsor within five (5) days of notification, the applicable prize will be forfeited and Sponsor reserves the right to select a runner-up for the applicable Weekly Period prize in accordance with the judging criteria set out in these Contest Official Rules.

Potential winners may be required to execute and return to Sponsor a liability and publicity release and affidavit of eligibility (except where prohibited) within five (5) days of winner notification. In the event that a winner fails to execute and return a liability release and affidavit of eligibility (except where prohibited) within five (5) days of notice of winning, their prize may be forfeited and Sponsor may notify a runner-up from among the remaining eligible Entries for the applicable Weekly Period.

Acceptance of prize constitutes permission for the Sponsor to use winner’s name and/or likeness and/or winning Entry, including Photo and Caption, for advertising and promotional purposes without additional compensation, unless prohibited by law.  

License/Use of Entries:  By submitting an Entry in this Contest you hereby grant to Sponsor a royalty-free, worldwide, irrevocable, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Entries (along with a name credit) in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes for one year from the date of entrant’s Entry. Entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Entry.

Potential winners may be requested to provide Sponsor with proof that he/she is the authorized account holder of the Instagram, Facebook, and Twitter account associated with the winning Entry and/or an eligible entrant. Entrants may not register/enter with multiple Instagram, Facebook, or Twitter accounts nor may entrants use any other device or artifice to register/enter under multiple identities. Any entrant who attempts to enter with multiple accounts and/or under multiple identities will be disqualified and forfeit any prize won, in Sponsor's sole discretion. In the event of a conflict between the Contest Official Rules and the Instagram, Facebook, and Twitter terms of use, the Contest Official Rules shall govern.

BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY, PHOTO and/or CAPTION MAY BE POSTED ACROSS ANY OR ALL OF SPONSOR’S DIGITAL AND SOCIAL MEDIA ASSETS, AT SPONSOR’S SOLE DISCRETION AT ANY TIME. 

 

Prizes

(100) (Twenty Five (25) awarded per Weekly Period): Each winner will receive a $10 IHOP gift card, an OREO Post-it Book, an OREO back-pack, one (1) 6-Count pack of OREO Cookies, and an IHOP PomPom hat. Approximate Retail Value (“ARV”) of each prize package: $45.

Prize Conditions

Gift Cards are usable up to balance only to purchase goods or services at any IHOP® restaurant in the U.S. and Canada. Winners are solely responsible for any taxes on the prize he or she receives, and will receive an IRS Form 1099 for the ARV of the prize, if applicable. No cash equivalent or substitution of prize is offered, except at the sole discretion of Sponsor. No transfer of prize is permitted. Unclaimed prizes will not be awarded. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. Gift cards cannot be used to purchase other gift cards. Gift cards are not redeemable for cash unless required by law. Gift cards are not a credit or debit card. Gift cards will not be replaced or replenished if lost, stolen, damaged or used without authorization.  Purchase, use or acceptance of a gift card constitutes acceptance of these terms. For remaining gift card balance or other inquiries, go to ihop.com or call 1-855-317-7063. ©2017 IHOP Restaurants LLC.  

Total ARV of all prizes: $4,500.

Winners will be solely responsible for any and all local, state, and federal taxes, as well as any license and registration or other fees incurred by participation in the Contest, including but not limited to transportation costs, gratuities and other items of an incidental nature. Sponsor will report any individual winnings over $600 (in cash or fair market value of goods or services) in a one-year period to the Internal Revenue Service.  Winners will receive a Form 1099 from Sponsor if Sponsor reports any winnings to the Internal Revenue Service.  

GENERAL CONDITIONS: If you think that any Entry infringes your intellectual property rights, please follow the notification guidelines as stated herein. Sponsor investigates notices of alleged infringement and takes appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) ("DMCA"). Sponsor’s Designated Agent to receive notifications of claimed copyright infringement is: By Mail: DineEquity, Inc., Attention: Compliance Director – DMCA Copyright Agent, 450 North Brand Blvd., 7th Floor, Glendale, CA 91203. Your notice of claimed infringement must include the following information: (a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) Identification of the copyrighted work claimed to have been infringed; (c) Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit us to locate the material; (d) Information reasonably sufficient to permit us to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address; (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or applicable law; and (f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner. For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3). Under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys' fees.

Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion. By entering, you acknowledge that Sponsor has no obligation to use or post any Entry, including any Photo or Caption, you submit.

LIMITATION ON LIABILITY: The Sponsor and Promotional Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (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 Contest; (4) technical or human error which may occur in the administration of the Contest 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 Contest or receipt or use or misuse of any Prize. Sponsor and Promotional Parties are not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsor and Promotional Parties are not responsible for any typographical/other error in entries, selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Contest.

 

SPONSOR’S RESERVATION OF RIGHTS: These Contest Official Rules are subject to modification by Sponsor at any time.  In the event of a dispute, all decisions made by Sponsor are final and binding.  Sponsor reserves the right, in its sole discretion, to disqualify any person who tampers with or abuses the entry process, or who otherwise acts in violation of these Contest Official Rules.  Sponsor further reserves the right, in its sole discretion, to cancel, terminate, or modify this Contest if, for any reason, the Contest is not capable of completion as planned, including due to force majeure or non-authorized human intervention that compromises or affects the administration, fairness, integrity, or proper conduct of the Contest.

RELEASE OF LIABILITY: By participating in the Contest, entrants release Sponsor, Promotional Parties, participating retailers, and all of their respective affiliates, officers, directors, employees, representatives, franchisees, and agents from any and all claims, damages or liabilities arising from or relating to such entrant's participation in the Contest. By accepting a prize, each recipient; (a) agrees that the Sponsor, Promotion Parties, participating retailers, and all of their respective parents, affiliates, subsidiaries, officers, directors, employees, representatives and agents, Facebook, Twitter, and Instagram will have no liability whatsoever for, and shall be held harmless by winner against, any liability for injuries, losses or damages of any kind to persons or property resulting in whole or in part, directly or indirectly, from participation in the Contest; from acceptance, possession, misuse or use of prize; and (b) grants (and agrees to confirm grant in writing promptly upon request) to Sponsor and those acting under Sponsor’s authority the right to the use of his/her name, photograph, likeness, voice, image, statements and biographical information, at any time or times, for advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide, including the Internet without review, notification or approval, and additional compensation, unless prohibited by law. Sponsor is not liable in the event that any portion of the Contest is canceled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a “Force Majeure Event”).

If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify or terminate the Contest. In the event of cancellation, Sponsor will determine the winner from among all eligible, non-suspect Entries received prior to cancellation. This Contest is offered only in the United States and is governed by the laws of the state of California.

Please see the privacy policy located at http://www.ihop.com/legal/privacy-policy for details of Sponsor’s policy regarding the collection and use of personal information.

DISCLAIMER OF WARRANTIES:  THE CONTEST AND PRIZES ARE 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.

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE WEB SITE OR INTERFERE WITH THE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

BINDING ARBITRATION:  The parties waive all rights to trial in any action or proceeding instituted in connection with these Contest Official Rules and/or this Contest. Any controversy or claim arising out of or relating to these Contest Official Rules and/or this Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California, in the City of Los Angeles and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

WINNER'S NAMES: For the names of the winners (available after November 8, 2017), send a self-addressed, stamped envelope to: IHOP Scary Face Pancake Contest, 105 Carnegie Center, Princeton, NJ 08540 for receipt no later than December 8, 2017.

This Contest is in no way sponsored or administered by Mondelēz International d/b/a OREO. This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram, Facebook, or Twitter. You understand that you are providing your information to Sponsor and not to Instagram, Facebook, or Twitter. Any questions, comments or complaints regarding this Contest shall be directed to Sponsor and not to Instagram, Facebook, or Twitter.