Cinco de Mayo Rules

EL POLLO LOCO® “CINCO DE MAYO” SWEEPSTAKES

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. BY PARTICIPATING IN THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING.

1. SPONSOR AND ADMINISTRATOR: The Sponsor and Administrator of the El Pollo Loco® “Cinco de Mayo” Sweepstakes (“Sweepstakes”) is El Pollo Loco, Inc., with its principal place of business and mailing address at: 3535 Harbor Blvd., Suite 100, Costa Mesa, California 92626 (“Sponsor”). Sponsor’s decisions are final and binding as to all aspects of this Sweepstakes.
2. ELIGIBILITY: The Sweepstakes is open to legal residents of the 50 United States and D.C. (excluding New York, Florida and Rhode Island) with a valid Instagram account who, as of the time of entry, are at least 18 years or older and the legal age of majority in their jurisdiction (the “Entrant”). Employees, officers, directors, and representatives of Sponsor, or any of the foregoing’s parent companies, subsidiaries, affiliates, franchisees, or advertising or promotion agencies and members of the immediate family (including spouses, children, siblings, parents, and each of the foregoing’s respective spouses) or household of any such employee, officer, director, or representative, are not eligible to enter or win. No purchase is necessary. Void where prohibited by law. By participating in the Sweepstakes, you agree to be bound by these Official Rules. An entrant is not a winner of any prize until (a) entrant’s eligibility as to the Sweepstakes has been verified, (b) entrant has been notified that verification is complete, (c) entrant has completed and submitted all required information and forms (including an Affidavit of Eligibility and Liability/Publicity Release, if required) and (d) entrant has otherwise fully complied with the terms and conditions of these Official Rules.
3. SWEEPSTAKES PERIOD: The Sweepstakes begins on May 5, 2022, at 12:00 PM Pacific Time (“PT”) and ends on May 5, 2022, at 5:05 PM PT (“Sweepstakes Period”). Sponsor’s time- keeping device is the official clock of the Sweepstakes.
4. HOW TO ENTER THE SWEEPSTAKES: To enter, Entrant must, during the Sweepstakes Period: 1) begin following, or already be following, @ElPolloLoco on Instagram; and 2) comment on the Instagram Cinco de Mayo Sweepstakes post posted by @ElPolloLoco using the same Instagram account Entrant used to follow @ElPolloLoco. Entrants are limited to 1 comment every 5 minutes. @ElPolloLoco will select a winner at random every 5 minutes from the prior 5 minutes of comments. Each 5-minute period offers a new opportunity for Entrant to enter the Sweepstakes. Entrant’s completion of all steps conforming to this Section and these Official Rules will be one “Entry.”  Entrant’s Instagram account used to complete both steps above must be a public account to be eligible for the Sweepstakes. All Entry information shall be referred to herein as the “Entries” or each as an “Entry.”  

There is no charge to sign up for Instagram. If you do not have an Instagram account, follow the online instructions to register for a free Instagram account at www.instagram.com. To become a follower of @ElPolloLoco on Instagram, visit https://www.instagram.com/elpolloloco.

Entries must only include the information required for entry into the Sweepstakes, must comply with Instagram’s Community Guidelines (available at https://help.instagram.com/477434105621119/?helpref=hc_fnav&bc[0]=Instagram%20Help&bc[1]=Privacy%20and%20Safety%20Center) and must not:

• Depict, encourage, promote or induce conduct that could violate any law, regulation or ordinance, or give rise to criminal or civil liability, or that could be considered risky, violent, discriminatory or otherwise inappropriate;
• Depict, encourage or promote the use of alcohol, illegal drugs, tobacco, firearms/weapons, or any particular political agenda or message;
• Contain any content that is protected by trademark, copyright, trade secret, right of publicity or other proprietary right, without the express prior written consent of the owner of such right;
• Contain any personal information, such as phone numbers, license plate numbers, e-mail addresses or street addresses;
• Contain messages or images inconsistent with Sponsor’s image and/or goodwill;
• Contain any content that could be considered deceptive, misleading, false, fraudulent, scandalous, indecent, obscene, sexually explicit, defamatory, libelous, threatening, harassing, hateful, degrading, intimidating, graphically violent or otherwise unlawful, tortious or objectionable, as determined by Sponsor in its discretion;
• Depict any individual other than the entrant, unless the entrant has received the written permission of such individual (or of his/her parent or legal guardian in the event that he/she is a minor); and/or
• Contain any confidential information or any material, non-public information about any company or individual.

By providing an Entry, each entrant assigns, transfers and conveys all right, title and interest in and to the Entry to Sponsor.

ENTRIES ARE THE VIEWS OF THE INDIVIDUAL ENTRANT AND DO NOT NECESSARILY REFLECT THE VIEWS OF SPONSOR. SPONSOR DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SAME, INCLUDING LIABILITY FOR MODERATING, MONITORING OR FILTERING INSTAGRAM ENTRIES. As such, entrant may be held personally liable for an Instagram Entry if it is defamatory, libelous or otherwise violates the rights of any person or entity.

In the event of a dispute as to an entrant’s Entry, the natural person who is the authorized account holder of the Instagram account associated with the selected Entry will be deemed to be the entrant, but only if that person is otherwise eligible to enter the Sweepstakes. The “authorized account holder” is the natural person assigned to a particular handle on Instagram or, if the account is not assigned to a natural person, the natural person assigned to the email address associated with the account by an Internet access provider, online service provider, Internet service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, the potential winner may be deemed ineligible. Proof of submitting an Entry will not be deemed by the Sponsor as proof of Entry into this Sweepstakes.

Standard data charges may apply if participating via your mobile device. If you opt to access or enter the Sweepstakes via your wireless mobile device, data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Mobile device service may not be available in all areas. Check your phone’s capabilities for specific instructions. Sponsor is not responsible for any charges.

All entries must comply with the Instagram Community Guidelines, any applicable submission requirements located on Instagram and any other requirements set forth in these Official Rules. Entries that do not conform to these guidelines will be deleted and no entry will be generated. Sponsor reserves the right to reject or disqualify any review which Sponsor, at its sole discretion, determines to be inconsistent with the letter or spirit of the Official Rules or potentially damaging to its, the Sweepstakes’, or another’s image or reputation.

5. PRIZES: Subject to the terms and conditions of these Official Rules, the following prizes will be awarded in this Sweepstakes:

The total value of all prizes to be awarded is $15,897.00. Gift cards are subject to their applicable expiration dates, terms of use, and may be redeemed at participating locations only.  

No substitution or cash alternative will be provided for prizes unless at the sole discretion of the Sponsor. Sponsor will not replace a lost, mutilated or stolen prize. Sponsor reserves the right to substitute a prize with a prize of comparable or greater value if the prize should become unavailable for any reason. Prize is not transferable. Each prize consists only of the items specifically listed as part of the prize description above. Any portion of any prize not accepted by the winner will be forfeited. PRIZE WINNER AGREES THAT A PRIZE IS BEING PROVIDED “AS IS”, AND THE RELEASED PARTIES (AS DEFINED IN THE “RELEASE” SECTION BELOW) MAKE NO WARRANTY, REPRESENTATION OR GUARANTEE REGARDING THE PRIZE, INCLUDING BUT NOT LIMITED TO ITS QUALITY, CONDITION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No more than the number of prizes stated within these Official Rules will be awarded.

All federal, state and local taxes on the value of the prize, if applicable, are the responsibility of the winner. Each prize will be awarded if properly claimed. All expenses or costs associated with the acceptance or use of any prize or any component thereof that are not expressly specified in these Official Rules as being part of the prize are the responsibility of the winner.

6. SELECTION, NOTIFICATION, AND VERIFICATION OF WINNER: Sixty-one (61) potential winners will be selected in random drawings conducted by Sponsor. An Instagram Post will be posted published on the El Pollo Loco® Instagram account @elpolloloco at 12PM PT, and the winner(s) for each particular prize will be selected from all eligible Entries received prior to the listed prize’s “Draw Time” during the Sweepstakes Period. The drawings for each prize will occur on or about the listed “Draw Time” until Sweepstakes Period ends. Odds of winning will depend on the number of valid Entries received. Entries will not be acknowledged or returned.

The potential prize winners will be notified via Instagram direct message, with directions to claim their prize. If a potential winner does not respond within 24-hours of the initial notification attempt, he or she may be disqualified, and an alternate winner selected. Entries are subject to verification by Sponsor. Sponsor reserves the right to select or disqualify any entries as it deems appropriate, at its sole discretion. Sponsor’s decisions are final on all matters relating to this Sweepstakes.

The potential winners will be required to provide to Sponsor a valid email address and physical mailing address (not a P.O. Box) within the time stated in the notification. Potential winners may, at Sponsor’s discretion, also be required to complete and return to Sponsor a notarized Affidavit of Eligibility/Release of Liability, and, if legally permissible, a Publicity Release. If required, a tax form 1099 will be issued to winner. If a potential winner fails to respond to any notification attempt within the time period specified by Sponsor, or if any attempted notification or prize delivery is returned as undeliverable, or if a potential winner fails to complete and return any required affidavit or release within the specified time period, or unable to accept the prize as stated, the potential winner will be disqualified and an alternate winner selected by Sponsor in its sole discretion in his/her place from among the remaining eligible Entries received. In the event a potential winner is disqualified or not eligible, Sponsor may select up to one additional potential winner.

7. GRANT OF RIGHTS; PUBLICITY: By submitting an Entry, entrant hereby grants and assigns to Sponsor, its parent companies, affiliates, subsidiaries, agents, promotion partners (such as marketing agencies and influencers), and licensees (“Sweepstakes Entities”), an irrevocable, perpetual, worldwide right, and all title and interest in and to the Entry, whereby any of the Sweepstakes Entities may reproduce, publish, edit, market, store, adapt, assign, sell, dispose of, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Entry, or parts/excerpts of the Entry (as such may be edited and modified by Sponsor in its discretion) in perpetuity, for editorial, commercial, promotional, and all other purposes (including posting on Sponsor-affiliated websites, any social media site, and/or other Sponsor-selected media). Entrant hereby disclaims any rights, including any copyright or other intellectual property right, in or to the Entry following the assignment contemplated in this section. The Entry further constitutes entrant’s irrevocable permission for the Sweepstakes Entities to use the Entry (in its original or edited form), entrant’s name, account handle, likeness, voice and/or biographical information, in perpetuity, throughout the world, in all media and formats whether now or later known or developed, for commercial purposes (including, without limitation, advertising and Sweepstakes), without further compensation, notice, review or consent, unless prohibited by law. The rights granted under this paragraph shall extend to all Entries and all other submitted materials related to the Sweepstakes, including those submitted by non-winners and winners. ENTRANT WILL NOT BE PAID FOR THEIR ENTRY or for granting any of these rights. Entrant agrees to waive all claims to and shall receive no royalties of any kind now or in the future from Sponsor, its affiliates, or its licensees, successors and assigns for use of your Entry or otherwise, and entrant represents, warrants and agrees that no other party is entitled to claim royalties from the use of the Entry and that entrant’s Entry is not subject to any collective bargaining agreements.

BY SUBMITTING AN ENTRY, THE ENTRANT ACKNOWLEDGES THAT ENTRANT’S NAME, HANDLE, AND ANY CONTENT INCLUDED IN HIS/HER ENTRY MAY BE POSTED ACROSS ANY OR ALL OF THE SWEEPSTAKES ENTITIES’ DIGITAL AND SOCIAL ASSETS, AT THE SPONSOR’S DISCRETION.

8. PRIVACY POLICY: Information collected at the time of entry is subject to the Sponsor’s privacy policy, https://www.elpolloloco.com/legal/#privacy (“Privacy Policy”).

9. RELEASE AND LIMITATION OF LIABILITY: Sponsor, Instagram, and their parent companies, affiliates, subsidiaries, agents, franchisees, and licensees, and the officers, directors, owners, shareholders, employees, representatives, and agents of all of the foregoing (collectively, the “Released Parties”) are not responsible, and will have no liability for, (a) late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of Entries or Entry information, or any human, mechanical, or technical errors of any kind relating to the operation of the Sweepstakes, Instagram, the communications or attempted communications with any entrant, the submission, collection, storage, or processing of Entries, or the administration of the Sweepstakes, (b) any Force Majeure Event or any other event outside their control that may cause any alteration, disruption, postponement or cancellation of any part of the Sweepstakes or any prize; (c) undeliverable emails resulting from any form of active or passive email filtering by a user’s Internet service provider and/or email client or for insufficient space in user’s email account to receive email, (d) any damage to any computer system or mobile device resulting from participation in or accessing or downloading information in connection with this Sweepstakes, (e) any human or mechanical errors, omissions, interruptions, defects, computer, online, telephone, cable, satellite, technical or mechanical malfunctions, viruses, worms, or delays of any kind that occur in the transmission, communication, or processing of entries, or inaccurate transcription of entry information; (f) undelivered, late, lost, stolen, damaged, garbled, mutilated, illegible, incomplete,  invalid, void, unintelligible or misdirected entries, which will be disqualified; (g) errors, typos, or misprints in these Official Rules, in any Sweepstakes-related advertisements, or other materials; or (h) failures of electronic equipment, computer hardware or software, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled, or delayed electronic communications, or entries otherwise not in compliance with these Official Rules. RELEASED PARTIES SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR OTHER DAMAGE OR EXPENSE RESULTING FROM OR ARISING OUT OF ANY COMPONENT OF ANY PRIZE OR ANY OTHER ASPECT OF ANY PRIZE WINNER’S USE OR MISUSE OF THE PRIZE. By entering, each entrant fully releases, to the greatest extent permitted by law, covenants not to sue, and agrees to hold each of the Released Parties harmless from and against any and all losses, expenses, costs, demands, claims, liability, damages or causes of action (however named or described) arising out of or in any way related to the operation of the Sweepstakes, Entrant’s participation in the Sweepstakes, the acceptance, receipt or use (or misuse) of any prize or prize component and/or any use of the entrant’s Entry, name, likeness, voice and/or biographical information as permitted hereunder, including without limitation all claims and liabilities based on any personal injury, property damages, loss, and/or death. Entrants assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Sweepstakes, or the acceptance, receipt or use or any prize or prize component (including, without limitation, participation in or travel to any prize-related activity). The Released Parties are not responsible for any typographical, printing, production or other error in the administration of the Sweepstakes or in the announcement of any prize or notification of any winner. In no event will more prizes than the number stated in these Official Rules be awarded. Each winner agrees to execute such additional release(s), waiver(s) of liability and/or agreement(s) as may be required by a provider of a prize component, within the time period specified by Sponsor or the provider. 
10. GENERAL RULES: All Entries become the property of Sponsor and will not be verified or returned. By participating in this Sweepstakes, entrants agree to be bound by the Official Rules and the decisions of Sponsor, which are final and binding in all respects. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, in its sole discretion, to disqualify or prohibit from participating in the Sweepstakes any individual who, in Sponsor’s sole discretion, Sponsor determines or believes (i) has tampered with the entry process, or has undermined the legitimate operation of Sweepstakes application or website or the Sweepstakes by cheating, hacking, deception or other unfair playing practices, or (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrants or any representative of Sponsor or (iii) has attempted or intends to attempt any of the foregoing. Any attempt by an entrant to obtain more than the stated number of entries by using multiple/different identities, and/or any other methods will void that entrant’s Entry and that entrant may be disqualified from the Sweepstakes. No mechanically or programmatically reproduced entries are permitted. Sponsor will not confirm receipt of entries for Entrants. All entries submitted become the sole property of Sponsor and will not be returned.

The use of automated devices, programs or methods to submit entries is prohibited and Sponsor reserves the right, in its sole discretion, to disqualify any entry that it believes may have been submitted using such an automated device, program or method. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend this Sweepstakes should a virus, bugs, entrant fraud or misconduct or other cause beyond the control of the Sponsor affect or corrupt the administration, integrity, security or proper operation of the Sweepstakes or to the extent Sponsor deems necessary in order to comply with the terms of use or terms of service of any applicable social media platform or in connection with changes to such terms. In the event of termination of the Sweepstakes, a notice will be posted online and a random drawing to award the prizes will be conducted from among all eligible Entries received prior to the time of termination. In the event of a dispute regarding the identity of an entrant, the entry will be deemed made by the authorized account holder of the email address submitted at the time of entry (i.e., the natural person who is assigned to an email address by an Internet access provider, on-line service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address).  In no event will more than the stated number of prizes in these Official Rules be awarded.

These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules 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 Official Rules 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. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control. Sponsor’s failure to enforce any provision of these Official Rules will not constitute a waiver of that or any other provision.

11. DISPUTE RESOLUTION; VENUE; JURISDICTION: All federal, state and local laws and regulations apply. By entering the Sweepstakes, each entrant agrees that (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; and (c) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND BY ENTERING EACH ENTRANT WAIVES ALL RIGHTS TO CLAIM PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES. All issues and questions arising from or relating to the Sweepstakes or these Official Rules, shall be governed by, and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of California. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules must be instituted in the federal or state courts located in the State of California, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising from or relating to the Sweepstakes or these Official Rules.
12. USE OF INFORMATION: Sponsor and/or its agents and contractors will collect personal information regarding entrants, which will be subject to Sponsor’s Privacy Policy (as defined above). By entering the Sweepstakes, each entrant agrees that information submitted in connection with the Sweepstakes may be used as permitted pursuant to the Privacy Policy, and otherwise in connection with the administration of the Sweepstakes. 
13. WINNER’S NAME AND OFFICIAL RULES REQUESTS: For the name of the winners, mail a clearly-stated request, along with a self-addressed stamped envelope, within 90 days of the end of the Sweepstakes Period with “EL POLLO LOCO® CINCO DE MAYO SWEEPSTAKES” in the subject line to: El Pollo Loco, Inc., ATTN: Patrick Benson, 3535 Harbor Blvd., Suite 100, Costa Mesa, CA 92626. Copies of these Rules are available by visiting: www.elpolloloco.com/cincosweepstakes.

This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with Instagram or any manufacturer/issuer of the Prizes (other than Sponsor).

[1] Must be 21 years or older to redeem this gift certificate.