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FOOD PHRENZY “Play, Win, Eat” Challenge 




Void where prohibited. 

1) PROMOTION PERIOD: The FOOD Phrenzy “Play, Win, Eat” Challenge (the “Challenge”, “Contest” or “Promotion”) starts on July 1, 2023 at 12:00:00 AM Eastern Time (“ET”) and ends on July 31, 2023 at 11:59:59 PM ET (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for this promotion. 

2) ELIGIBILITY: The Promotion is open only to legal residents of the 50 United States or the District of Columbia who at time of entry are 16 years of age or older; already have or must download the free Vesuvius Games™ FOOD Phrenzy mobile application (the “App”) from either the Apple App Store or Google Play Store, have enabled application notifications and location services, and are within a 15-mile radius of a Participating Partner’s Challenge location at time of App activation. See Chart below in Rule #4, for a complete list of Participating Partner locations. Employees of Vesuvius Games™ ( the “Sponsor”), Così®, Dark Side of the Moo, Dorrian’s, Dunkin’ Donuts®, Gregorys Coffee™, Helen’s Pizza, Johnny Rockets®, SOUTH HOUSE, Sweetberry Bowls, and Torico Ice Cream (collectively the “Participating Partners” and “Rewards Providers”) and their respective parent companies, related subsidiaries and affiliated companies, agents, Marden-Kane, Inc. (the “Administrator”), and each of their respective agents, representatives, officers, directors, shareholders, and employees that are involved in the development or execution of the Promotion (collectively “Released Entities”), 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 claim a reward. Each Participant (the “Participant” or “Player”) by participating in the Promotion agrees to be bound by the Official Rules and by Sponsors and/or Administrator’s decisions, which are final and binding in all matters related to this Promotion. Void wherever prohibited or restricted by law. This Promotion is subject to all applicable federal, state, and local laws and regulations. 


a) If you have not yet done so, using your web-enabled mobile device (i) visit the application store for your mobile device (namely the Apple App Store for iOS devices or the Google Play Store for Android devices), (ii) search for “FOOD Phrenzy” in your mobile device application store to locate the App, (iii) download and install the FOOD Phrenzy App, and (iv) ensure that notifications have been enabled and that location services have been turned on. Use of the FOOD Phrenzy App is subject to App terms and conditions available at 

b) Open the FOOD Phrenzy App when you are at or within a 15 mile radius of a Participating Partner location (see Rule #4 below), then commence playing the game starting at Level 1. The game will offer a total of ten-10 Game Play levels. 

c) During game play, Players will be offered a Common or Trade-up/Risk Reward upon completing Levels, as follows: Level 3 Common Reward Offer; Level 5 Risk Reward Offer; Level 6 Common Reward Offer; Level 8 Risk Reward Offer; Level 9 Common Reward Offer; and, Level 10 Risk Reward Offer. No rewards will be offered when completing Levels 1, 2, 4 and 7. 

d) Players completing all ten-10 levels will be offered up to six-prize possibilities (3 Common Rewards and 3 Trade-up Rewards). If a player accepts the Common reward they will receive redemption instructions immediately, and forfeit the chance to Trade-up for a Risk Reward at the next Risk Reward level. If the Player opts to risk the Common reward to obtain the Trade-up Reward they will need to reach and complete the next Risk Reward level to claim that Risk Reward. Note: By risking a Common Reward, Player forfeits said reward and will no longer be eligible to claim that Common Reward. And, if Player fails to complete the Common or Risk Reward Level the applicable Reward will not be offered and said Player will automatically return to Level 1 to start the Game again. Participation via your mobile device requires a service plan for your web-enabled mobile device with your wireless service provider and a device that supports the App. Data rates may apply. See your wireless service provider for pricing plan details and capabilities. 


4) PARTICIPATING PARTNERS AND REWARD OFFERS: Following is a list of the Participating Partners/Reward Providers, the Redemption locations per Provider and the available Common and Trade-up/Risk Rewards offered. Receiving a Reward is dependent upon the game level completed and the Player’s location at the time of game play. 

5) HOW TO REDEEM YOUR REWARD: To redeem the Reward noted on your mobile device, follow the instructions provided on the APP and as follows: (i) Take your mobile device to the Participating Reward Provider Associate, (ii) show the Associate the barcode or numeric code, (iii) scroll the screen up to reveal the invalidation button, that (iv) either you or the associate can tap to invalidate. Invalidating the code will prevent more than one redemption for that particular reward. Invalidation button must be activated and code invalidated in order to receive a Reward.


There is a limit of three-3 Rewards that can be claimed by each Player (regardless if it is a Common or Risk Reward). If any individual/mobile device attempts to claim more than the disclosed maximum, by any means, including but not limited to establishing multiple mobile accounts, they will not be allowed to redeem the excess Rewards and will be disqualified from participation in this Promotion.


Reward must be redeemed at the specific location (addresses noted above) where the Reward was served on your APP. Note that certain Rewards must be redeemed at specific times/days (as noted above). Additional restrictions may apply at time of redemption. Reward Codes can only be redeemed once and are subject to expiration dates as determined by the Reward Partner provider


6) GENERAL: All federal, state, and other tax liabilities arising from a redeemed Reward are the sole responsibility of each Reward recipient. Sponsors and/or Administrator will not enter into any correspondence, including, email, with participants. The Official Rules prevail should there be any conflict or uncertainty relating to the Promotion based on information or advice provided by any of the Released Entities.


7) CONDUCT: By entering into this Promotion and/or receiving a Reward, participants and Reward recipients agree to be bound by these Official Rules and waive any rights to claim ambiguity in the Promotion or these Official Rules. These Official Rules are accessible at throughout the Promotion Period. Failure to comply with these Official Rules will result in disqualification. The Sponsors reserves the right, at their sole discretion, to disqualify any individual: (a) suspected of tampering with the Game and Reward redemption process or the operation of the Promotion; (b) to be acting in any manner deemed by the Sponsors to be in violation of the Official Rules; (c) to be acting in any manner deemed by the Sponsors to constitute unsportsmanlike or disruptive behavior, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.


8) LIMITATIONS OF LIABILITY: The Released Entities assume no responsibility or liability for (a) any incorrect or inaccurate information, or for any lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of Game Plays at any point in the operation of this Promotion; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of the Promotion; (d) inaccessibility or unavailability of the Internet or any combination thereof; or (e) any injury or damage to the participant’s or to any other person's mobile device which may be related to or resulting from any attempt to participate in the Promotion or download any materials from the Promotion. If, for any reason, the Promotion is not able to run through completion for reasons which may include, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, then the Sponsors reserves the right, in their sole discretion, to cancel, terminate, modify or suspend the Promotion in whole or in part, without further obligation or liability to the Participants or third parties.


9) PARTICIPANT RELEASES: All Participants, as a condition of participating in the Promotion, agree to release Released Entities from and against any and all liability, loss, claims, demands or actions of any kind whatsoever for injuries, damages, costs, or losses to persons or property which may be sustained in connection with: (a) participating in any aspect of the Promotion; (b) the redemption, acceptance, receipt, ownership, use or misuse of any Reward claimed and redeemed; (c) any typographical or other error in these Official Rules; or (d) any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. Each Reward recipient shall bear all risk of loss or damage to the Reward after it has been redeemed.


Except where prohibited, Participants agree to be bound by these Official Rules and consent to the use of their names, address, photographs, any statements made by Participants, actual or simulated likenesses, and/or biographical information for public relations, advertising and promotional purposes in perpetuity, throughout the universe, by the Sponsors and their designees in any and all media, whether now known or hereafter devised, without notice or further compensation, unless prohibited by law. 


10) PRIVACY: By participating in the Promotion, you grant the Released Entities permission to use your personal information in accordance with the Sponsors privacy statement located at By participating in the Promotion, Entrants hereby acknowledge that they have read and accepted the Sponsors privacy policy.


11) DISPUTES: Reward redemptions will be deemed made by the authorized account holder of the mobile device used to redeem the Reward. “Authorized Account Holder” is defined as the natural person assigned to a mobile phone number by a mobile service provider or other organization responsible for assigning mobile phone numbers. Reward claimants may be asked to provide the Sponsors with satisfactory proof that he/she is the Authorized Account Holder of the mobile phone number associated with a Reward(s).


12) 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 Rewards offered/redeemed shall be resolved individually, without resorting to any form of class action, and exclusively by the United States District Court for Jersey City, New Jersey or the appropriate New Jersey 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 Sponsors in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey.


13) SPONSORS AND ADMINISTRATOR: Sponsor: Vesuvius Games Inc. 226 Fifth Street, Jersey City, NJ 07302. Administrator: Marden-Kane, Inc., 575 Underhill Blvd, Suite 222, Syosset, NY 11791.


Apple, Inc. and Google LLC are neither participants nor sponsors of this promotion.

Copyright 2019 Marden-Kane Inc.  All rights reserved.  Entrants are hereby authorized to copy these Official Rules on the condition that it will be for the Entrant’s personal use only.

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