SUBWAY FREE ROASTS SWEEPSTAKES

 

OFFICIAL RULES

 

NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.

 

The Subway Free Roasts Sweepstakes (“Sweepstakes”) is sponsored by Subway Franchisee Advertising Fund Trust Ltd. (“Sponsor”), 325 Sub Way, Milford, CT 06461, and is administered by Prize Logic, LLC, (“Administrator”), 25200 Telegraph Road, Suite 405, Southfield, MI 48033. 

 

1.     SWEEPSTAKES PERIOD:  The Sweepstakes begins on November 3, 2021 at 12:00 PM Eastern Time (“ET”) and ends on November 4, 2021 at 11:59:59 PM ET (“Sweepstakes Period”). The Administrator’s computer is the Sweepstakes official clock.

 

2.     ELIGIBILITY:  This Sweepstakes is open only to legal residents of one of the fifty (50) United States (including the District of Columbia) who are at least eighteen (18) years old at the time of entry. Employees of Sponsor, Administrator, contractors or development, production, marketing or distribution of Sweepstakes materials, including without limitation, any prizing element, and their respective parent, affiliated, and subsidiary entities and advertising and promotion agencies (collectively, “Sweepstakes Entities”) and each of their respective immediate family members (i.e., spouse, parent, child, sibling and the “steps” of each) and persons living in the same household of each are not eligible to enter or win. All federal, state, and local laws apply.  Void where prohibited or restricted by law.

 

Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Sweepstakes.

 

3.     HOW TO ENTER:  During the Sweepstakes Period, an entrant must follow the steps below to receive one (1) entry into the Sweepstakes (“Entry”):

 

                             i.     Sign into his/her Twitter account (or create a Twitter account if he/she does not already have one);

                           ii.     Reply to Sponsor’s Sweepstakes tweet; and

                          iii.     Include the hashtags “#sweepstakes” and “#Roasted4RoastBeef”

 

By entering the Sweepstakes and using the hashtag hashtags #sweepstakes and #Roasted4RoastBeef, entrant hereby agrees to be bound by the terms and conditions of these Official Rules. An entrant must have a non-private Twitter account to enter the Sweepstakes and must be a follower of @subway until 30 days after end date for winner notification purposes to be eligible to win/claim a prize.  If an entrant does not have a non-private Twitter account, he/she can create one at no cost at www.twitter.com. Please note that an entrant must agree to comply with the Twitter Terms of Service (https://twitter.com/tos/) and Privacy Policy (https://twitter.com/privacy) in order to participate in the Sweepstakes. If an entrant Tweets from his or her wireless phone, the entrant’s wireless service provider may charge the entrant. Entrants should consult their wireless-service providers regarding their pricing plans. Message and data rates may apply. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter.

 

IMPORTANT:  MESSAGE AND DATA RATES MAY APPLY IF AN ENTRANT ENTERS THIS SWEEPSTAKES ON HIS/HER MOBILE DEVICE. NOT ALL MOBILE TELEPHONE/WIRELESS PROVIDERS CARRY THE SERVICE NECESSARY TO PARTICIPATE IN THESE SWEEPSTAKES. ENTRANTS SHOULD CONSULT THEIR WIRELESS PROVIDER'S PRICING PLANS. MOBILE ENTRY IS NOT REQUIRED TO ENTER OR WIN A PRIZE IN THESE SWEEPSTAKES.

 

Entry Requirements:  All Entries must comply with the following restrictions:

·       Entry must include the hashtags #sweepstakes and #Roasted4RoastBeef;

·       Entry must be suitable for publication (i.e., may not be obscene or indecent);

·       Entry cannot prominently feature trademarks, logos or trade dress owned by any third party, or advertise or promote any brand or product of any kind, other than Sponsor’s;

·       Entry cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images);

·       Entry cannot include the name, likeness, photograph, or other indicia identifying any person, living or dead, without permission from that person;

·       Entry cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group;

·       Entry cannot promote illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;

·       Entry cannot describe or depict any illegal activity or violation of any state or federal law;

·       Entries must not include any personally identifiable information (full name, e-mail address, telephone number, etc.);

·       Entries must not contain, facilitate, reference or use material that contains prohibited content which shall include, but is not limited to content that promotes, suggests, or encourages:

o   gambling, including without limitation, any content related to online casinos, sports books, bingo or poker;

o   the use of prostitution, pornography, nudity, profanity or other adult content, or violence;

o   the taking up of arms against any person, government or entity or otherwise challenge or seek to overthrow any government;

·       Entry must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way.

 

NOTE: If any Entry fails to comply with any of these Entry Requirements or any other provisions of these Official Rules, Sponsor and Administrator reserve the right to disqualify the entrant.

 

Any entrant who incorporates any intellectual property owned by a third party into his/her Entry does so at his/her own risk. Without in any way limiting, expanding or amending the terms and conditions residing on the Sweepstakes-related website, which terms and conditions shall remain in full force and effect, if Sponsor is duly notified that any element of an entrant’s Entry infringes upon the rights of another person and/or receives a legally valid request to remove the affected Entry from any Sweepstakes-related website because of such infringement, such Entry may be disqualified from the Sweepstakes, as Sponsor may determine in its sole discretion.  Further, no entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion, that such entrant’s Entry has been or can be sufficiently cleared for legal purposes and such entrant eligibility is verified.  Each person who enters this Sweepstakes represents and warrants as follows: (i) the Entry is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Entry does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Entry does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (iv) the Entry does not and will not violate any applicable laws, and is not and will not be defamatory or libelous.  Each entrant hereby agrees to indemnify and hold the Sweepstakes Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.

 

By submitting an Entry, entrant hereby grants permission for the Entry, including the entrant’s Twitter handle and public profile information, to be publicly posted, at Sponsor’s sole discretion. The Sweepstakes Entities are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Entries – all of which will be void. Sponsor reserves the right to disqualify any entrant and/or Entry in its sole and absolute discretion.

 

Limit: There is a limit of one (1) Entry per person during the Sweepstakes Period. If it is discovered or suspected that a person has attempted to enter or receive more than one (1) Entry using multiple Twitter accounts or identities, entrant may be disqualified.

 

4.  RANDOM DRAWINGS: On or about November 5, 2021, the Sponsor will randomly select fifteen (20[PR1] ) potential winners from among all eligible Entries received during the Sweepstakes Period. Each winner is considered a potential winner pending verification of eligibility and compliance with these Official Rules.

 

5.     PRIZES, APPROXIMATE RETAIL VALUE (“ARV”) AND ODDS OF WINNING:

 

a.    Prizes (15): Each prize is a personalized Cameo by a sponsor selected comedian.  Specific comedian and Cameo message details will be determined by Sponsor in its sole discretion and based on availability.  The ARV of each prize is up to $300.  There will be fifteen (15) prizes available in this Sweepstakes.

 

b.    Odds of Winning: The odds of winning a prize depend on the total number of eligible entries received during the Sweepstakes Period.

 

c.    General: In no event will more than the stated number of prizes be awarded. If, for any reason, more than the stated number of notifications are sent (or more claims are received), Sponsor reserves the right to award the intended number of prizes through a random drawing from among all eligible prize claims received. Limit of one (1) prize per person/household during the entire Sweepstakes. No prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a prize or force majeure.  By accepting a prize, each winner agrees that Sponsor owns the video message and its contents, use of the prize video is for the winner’s personal use only, and each winner agrees to execute specific written consent to such use if asked to do so. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility.

 

6.     HOW TO CLAIM A PRIZE: Potential winners are subject to verification of eligibility and compliance with these Official Rules. The potential winners will be notified on Twitter by a Direct Message from @subway with instructions on how to claim his/her prize. If a potential winner is found to be ineligible, is not in compliance with these Official Rules, declines to accept the prize, or any winner notification is returned as undeliverable or the potential winner fails to respond to a winner notification within the timeframe specified in such winner notification, the prize may be forfeited.  If a prize is forfeited for any reason, it may be awarded to an alternate potential winner, at the Sponsor’s sole and absolute discretion, selected at random from the remaining pool of eligible entries received during the Sweepstakes Period, time permitting. If, after a good-faith attempt, Sponsor is unable to award or deliver a prize, the prize may not be re-awarded. Prizes are not transferable and include only the items specifically listed as part of each prize. Each winner shall be solely responsible for payment of any and all applicable federal, state, and local taxes for any prize won.  Approximate retail values are as of the time these Official Rules were printed and the value of a Prize may fluctuate. A winner is not entitled to any difference between the ARV and the actual value of the prize at the time the prize is awarded.

 

7.     LIMITATION OF LIABILITY:  By participating in this Sweepstakes, entrants agree that Sponsor, Subway® Restaurants, Subway® franchisees, Doctor’s Associates LLC, Franchise World Headquarters, LLC (“FWH”), Subway IP LLC (“SIP”), the Sweepstakes Entities, Twitter, and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, Direct Message, postage due or undeliverable e-mail notifications, telephone calls, or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/Internet/website/UseNet accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Sweepstakes; (vii) any injury or damage, whether personal or property, to entrants or to any person's computer related to or resulting from participating in the Sweepstakes and/or accepting a Prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Sweepstakes Entities are not responsible for any undelivered telephone calls, messages or e-mails, including without limitation, e-mails that are not received because of an entrant’s privacy or spam filter settings that may divert any winner notification or other Sweepstakes related e-mail to a spam or junk folder.     

 

By entering the Sweepstakes, each entrant agrees: (i) to be bound by these Official Rules, including Entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by entrant.

 

If, for any reason, the Sweepstakes is not capable of running as planned, or the integrity and or feasibility of the Sweepstakes is severely undermined by any event beyond the control of Sponsor, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of Sponsor (each a “Force Majeure” event or occurrence), Sponsor reserves the right, at its sole discretion, to abbreviate, cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of winners in a manner it deems fair and reasonable, including the selection of winners from among eligible entries received prior to such cancellation, termination, modification or suspension without any further obligation provided a sufficient number of eligible entries are received. If Sponsor, in its discretion, elects to alter this Sweepstakes as a result of a Force Majeure event, a notice will be posted at https://www.subway.com/en-us/free-roasts-sweepstakes (“Website”).

 

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE PRIZES, IS 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.

 

8.     DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF MICHIGAN, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN OAKLAND COUNTY, MICHIGAN. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN MICHIGAN. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN OAKLAND COUNTY, MICHIGAN. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR SWEEPSTAKES ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.

 

9.     PRIVACY: Sponsor’s privacy policy is available at https://www.subway.com/en-US/legal/PrivacyNotice

 

10. PUBLICITY RIGHTS:  By participating in this Sweepstakes, each entrant agrees to allow the Sponsor and Sponsor’s designee the perpetual right to use his/her name, address (city and state), biographical information, likeness, picture and other information and content provided in connection with the Sweepstakes for promotion, trade, commercial, advertising and publicity purposes in all media worldwide including, but not limited to, on television and the Internet, without notice, review or approval and without additional compensation, except where prohibited by law.

 

 

11.  GENERAL: Any attempted form of participation in this Sweepstakes other than as described herein is void. If it is discovered or suspected at Sponsor’s sole discretion that an entrant has registered or attempted to register more than once using multiple email addresses, multiple identities, multiple Twitter accounts, proxy servers or like methods, all of that entrant’s entries will be declared null and void, and that entrant may be ineligible to win a prize. Also, if it is discovered that any entrant attempts to receive additional entries in excess of the stated limitation, that entrant may, at Sponsor’s sole discretion, be disqualified from the Sweepstakes. In the event of a dispute as to the identity of a winner, the winning entry will be declared made by the authorized account holder of the email address associated with the Twitter account used to submit an entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor and Administrator reserve the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Sweepstakes, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Sweepstakes. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Sweepstakes may void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SWEEPSTAKES TO UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. All entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any Sweepstakes promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.

 

12.  WINNERS LIST: For a list of winners, interested individuals should mail a self-addressed stamped business envelope to: Winners List, - Subway Free Roasts Sweepstakes, P.O. Box 251328, West Bloomfield, MI 48325. Winner List requests must be received no later than January 5, 2022.

 

 

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