LAST UPDATED: FEBRUARY 1, 2021 AT 9:18:12 P.M EASTERN STANDARD TIME (EST)
“The Custard Company PS5® Sweepstakes”
Terms and Conditions & Rules
- Eligibility: “The Custard Company PS5® Sweepstakes” (known as “Promotion) is open to legal residents of the state of Michigan over eighteen years of age. In order to enter in the Promotion, eligible participants must sign up and create an account at the Promotion entry site located at www.thecustardco.com/ps5-login. Employees of The Custard Company and their direct families are not eligible to participate in this Promotion. Promotion is subject to all applicable federal and state laws, void where necessary.
- Sponsor and Administrator: H & J Jawad LLC, 2801 Monroe Street, Dearborn, Michigan 48124
- Timing: The promotion begins on February 1, 2021 at 1:00 p.m Eastern Standard Time (EST) and ends on February 28, 2021 at 11:59 p.m Eastern Standard Time (EST). The Custard Company maintains the right to modify or reschedule the timing of the promotion as they see fit. The Administrator’s computer is the office time keeping device for this promotion.
- How to Enter: Once the Promotion begins, visit www.thecustardco.com/ps5-login (known as “Promotion Site”) and either sign in or create an account to begin participating.
When a login is established and email address is verified, there are two ways to enter.
- Make a pre-tax purchase of $5.00 (USD) or more: Visit The Custard Company located at 2801 Monroe Street, Dearborn, Michigan 48124 and make a purchase of any menu item that is at least $5.00 (USD) and obtain a receipt from the team member assisting you. After your purchase has been made and a receipt has been obtained, visit the Promotion Site and login to your account to redeem the receipt. Redeeming a receipt will give you one entry.
- Enter without Making a Purchase (known as “no purchase entry” or “NPN entry”): No purchase is necessary to enter the Promotion and making a purchase will not increase your odds of winning. To enter without making a purchase, visit www.thecustardco.com/ps5-npn then print, fill out, and mail the form. Mail all forms to The Custard Company located at 2801 Monroe Street, Dearborn, Michigan 48124. You must list the same email on your form as you used when you signed up on Promotion Site. Each form mailed will give one entry. Incomplete and inaccurate forms will not count for an entry.
Limit: You may only receive one entry per calendar date, whether by in-store entry or no purchase entry. When redeeming an in-store entry, you may only redeem one receipt on the Promotion site per calendar day, granted that the date of the receipt is during the Promotion Period (see section 3). When entering without making a purchase, you will be awarded up to one entry per day. No purchase entries will be awarded based on postmark date.
Each individual participating is only permitted to carry one account at a given time. If a participant creates more than one account, they are in violation of these terms and can face disqualification from Promotion.
- Winner Verification and Prize Collection: Winner of Promotion is subject to identity verification by The Custard Company. The Custard Company will request a State of Michigan issued Identification Card or a United States of America issued Identification Card by winner in order to ensure eligibility. Winner will be put in contact with a member of The Custard Company staff to discuss prize pickup. Pickup must be conducted within seven calendar days otherwise, The Custard Company reserves the right to terminate the winning and select a new winner.
When Promotion ends and a Prize is drawn, The Custard Company will verify the winner’s identity. Participant must supply full legal name when signing up for an account as account name will be a form of identity verification.
- Prize: One winner (known as “winner” or “winner of Promotion”) will be awarded a Sony®
PlayStation® 5 gaming console (ARV: $500.00). There will only be one winner of Promotion.
- Release: By claiming Prize, winner agrees to release and hold harmless The Custard Company and its subsidiaries, affiliates, related entities, suppliers, distributors, advertising/promotion agencies officers, directors, members, employees, contractors, and agents from and against any and all losses, liability, illness, injury, claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt, possession, use or misuse of any prize.
- Publicity: Participation in the Promotion constitutes entrant’s consent to Sponsor to use winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes worldwide, in perpetuity, in any and all media, manner, and formats now known or hereafter devised, without further payment or consideration.
- General Conditions: The Custard Company holds the right to cancel, delay, reschedule, or modify the details of the Promotion at any time. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, The Custard Company reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Entry in Promotion will be deemed as acceptance of these terms.
- Limitations of Liability: The Sponsor is not responsible for: (1) any incorrect or inaccurate information, whether caused by any Entrant, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Promotion or receipt or use or misuse of any prize. If for any reason an Entrant's play is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another Promotion entry, if possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
- Disputes: Except where prohibited, Entrant agrees that: (1) 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 resort to any form of class action, and exclusively by the United States District Court for the District of Michigan or the appropriate Michigan state court located in Wayne 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 Promotion, 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 Promotion, 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.
- Taxes: All costs, taxes, fees, and expenses associated with a prize or the acceptance and use of any element of a prize not specifically addressed above are the sole responsibility of the winner. All federal, state, and local taxes on prize are winner’s responsibility. Winners must submit a W9 to receive prize. Prize winners will be issued a 1099 tax form for the actual retail value of the prize if the actual retail value is greater than $600.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, any other Social Network, Sony®, or PlayStation®. You are providing your information to The Custard Company and not to any other party.
"PlayStation" is a registered trademark or trademark of Sony Interactive Entertainment Inc."SONY" is a registered trademark of Sony Corporation.