Subway® Series Tattoo Offer
Terms and Conditions ("Terms")
Offer: If an eligible participant receives a Subway® Series Tattoo (size and body location described below) while at Bad Apple Tattoo in Las Vegas, NV between 11:00 AM Pacific Time (“PT”) and 5:00 PM PT on 7/27/22, he/she will receive, while supplies last, the corresponding item (“Offer”):
- 12”x12” Subway Series tattoo imprinted on sternum or back: Subway footlong sandwiches for life awarded as $50,000 worth of gift cards which may be redeemed at participating Subway® restaurants.
- 3”x3” Subway Series tattoo imprinted on shoulder blade, forearm or calf: Subway footlong sandwiches for one (1) year awarded as $4,380 worth of gift cards which may be redeemed at participating Subway® restaurants.
- 2”x2” Subway Series tattoo imprinted on wrist, bicep or foot: Subway footlong sandwiches for one (1) month awarded as a $372 gift card which may be redeemed at participating Subway® restaurants.
NOTE: This Program may be canceled or postponed by Sponsor, at any time, in its sole discretion, due to the ongoing pandemic (e.g., Coronavirus/COVID-19). Due to the nature of this Program (and the time required to create a tattoo) a maximum of one (1) 12” tattoo will be offered and a combined maximum of eight (8) 3” and 2” tattoos will be offered on a first-come, first-serve basis.
Eligibility: The Subway Summer Series Tattoo Offer ("Offer") is open only to individuals who are legal permanent residents of the fifty (50) United States or the District of Columbia and 21 years of age or older (each, an eligible “Participant”). For purposes of these Terms, the following parties are considered the “Released Parties”: Subway Franchisee Advertising Fund Trust, Ltd. (“Sponsor” or “Subway”), Subway® Restaurants, Subway® franchisees, Doctor’s Associates LLC, Franchise World Headquarters, LLC (“FWH”), Subway IP LLC (“SIP”), Bad Apple Tattoo and each of their respective parent companies, affiliates, retailers, distributors, subsidiaries, and advertising/promotion agencies. Void where prohibited by law. By participating in this Offer, Participants: (a) agree to be bound by these Terms and by the interpretation of these Terms by Sponsor and by the decisions of Sponsor, which are final and binding in all respects; and (b) acknowledge he/she are in compliance with these Terms.
Offer Period: The Offer begins at 11:00 AM PT and ends at 5:00 PM PT on 7/27/22, or while supplies last, whichever comes first (“Offer Period”). To help ensure that all available tattoos are completed by the end of the Offer Period, 3”x3” and 2”x2” tattoos must be initiated by 3:00 PM PT and 12”x12” tattoo (if not already completed or in progress) must be initiated by 1:00 PM PT.
How to Participate in Offer: Participants will have the opportunity to walk-in to get an eligible tattoo, free of charge, at Bad Apple Tattoo, located at 5640 W Charleston Blvd B, Las Vegas, NV 89146 during the Offer Period from any one of the available artists. Participants must sign a release, and agree to Bad Apple Tattoo’s Shop Policy, prior to being tattooed. Eligible tattoo must be initiated by the times indicated above and completed prior to the conclusion of the Offer Period to be eligible. Sponsor does not guarantee the availability of any tattoo artist.
Gift Details: Upon completion of an eligible tattoo (and verification by Sponsor), the corresponding gift card (“Gift”) will be handed to the Participants who qualify. One (1) Gift per Participant. If the number of tattoos issued exceeds the number of Gifts available, for any reason, including technical, computer, seeding, human or other errors, the Released Parties reserve the right to award the listed number of Gifts based on time of tattoo completion. No transfer, assignment, cash redemption or substitution of Gift except by Sponsor due to Gift unavailability, or other reasons determined by Sponsor, and then for a Gift of equal/greater value. Offer Gift may not be redeemed for cash. The Released Parties are not responsible for and will not replace any lost, mutilated or stolen Gifts. Subway® Gift Cards are issued by Value Pay Services, LLC (“VPS”), a third party service provider. Use of a Subway® Gift Card is subject to and constitutes acceptance of the Subway® Card Terms and Conditions which may be viewed at https://www.subway.com. Each winner of a Subway® Gift Card should carefully read the Subway® Card Terms and Conditions.
Privacy: Participation in this Offer constitutes your agreement and consent to these Terms as well as the Subway® Privacy Policy available at https://www.subway.com/en-US/Legal/PrivacyNotice. Participation in this Offer constitutes your consent for Sponsor to obtain, use, and transfer your name, email, phone number and other information for the purpose of administering this Offer, awarding the Gifts and to comply with applicable legal requirements.
Miscellaneous: Released Parties are not responsible for late, lost, stolen, incomplete, misdirected, mutilated, delayed, damaged, or undelivered Gifts or other communications or information (collectively, “Data”), inaccurate or incomplete information; theft, destruction or unauthorized access to, or alteration of Data; or for telephonic, human or computer failures, problems or errors, failures or malfunctions of connections, satellite, network, cable, Internet Service Provider (ISP), phones, phone lines or telephone systems, traffic congestion on the Internet, technical or mechanical malfunctions, or other malfunctions or errors, whether caused by equipment, programming, human error or otherwise relating to or in connection with the Offer, including, without limitation, errors which may occur in connection with the administration of the Offer, the cancellation or postponement of the Offer, or for printing, typographical, human or other errors appearing in these Terms or other Offer-related materials; electronic equipment, computer hardware or software failures; or inaccurate Gift and/or other information, whether caused by equipment, programming, human error, or otherwise. In the event the Released Parties are prevented from continuing with the Offer by any event beyond its control, including, but not limited to, fire, flood, pandemic, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Offer by any party, or any federal, state, or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Released Parties’ control (each, a “Force Majeure” event or occurrence), the Released Parties shall have the right to modify, suspend or terminate the Offer.
By participating, Participants agree to be bound by these Terms and agree that Released Parties and their designees and assigns and all of their respective officers, directors, employees, shareholders, representatives and agents shall have no liability and agree to waive, release, indemnify, defend and hold harmless the Released Parties from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) participation in the Offer and receiving the tattoo, including infection or dissatisfaction now or in the future; (ii) any acceptance, possession, misuse or use of any Gift (including, without limitation, losses, damages or injuries to consumer’s or any other person’s equipment or other property, or to their persons; (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Offer activity and/or Gift. The Offer is subject to Sponsor’s sole discretion and may be modified or terminated at any time without notice. Sponsor can void Offer from any individual(s) believed to exhibit fraudulent behavior or any attempt to corrupt or impair the administration, security, fairness or proper administration of this Offer. Except where prohibited by law, any and all disputes, claims and causes of action arising out of or in connection with this Offer shall be resolved individually, without resort to any class action, exclusively by the courts located in the judicial district of New Haven County, Connecticut. All issues concerning the construction, validity, and interpretation of these Terms shall be governed by and construed in accordance with the laws of the State of Connecticut (and federal laws, as applicable), without giving effect to any choice of law or conflict of law rules that would result in the application of the laws of any jurisdiction other than the laws of the State of Connecticut and applicable federal laws.
BY PARTICIPATING, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE OFFER, OR ANY GIFT AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) PARTICIPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event that any provision of the Terms is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The Released Parties’ failure to enforce any term of these Terms will not constitute a waiver of that provision. Participants agree to waive any rights to claim ambiguity of these Terms. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Offer-related materials, privacy policy or terms of use on any website, social media platform or application and/or the terms and conditions of the Terms, the Terms shall prevail, govern and control and the discrepancy will be resolved in Released Parties’ sole and absolute discretion. These are the terms and conditions that are applicable to this Offer, which may be revoked by Sponsor, including the reduction or elimination of any Gift, at any time, for any reason, with or without notice.
Sponsor: Subway Franchisee Advertising Fund Trust, Ltd., 325 Sub Way, Milford, CT 06461.
Subway® is a registered trademark of Subway IP LLC © Subway IP LLC 2022.
All third-party trademarks belong to their respective owners.
The use of any non-Sponsor trademarks, service marks, logos, or other marks in connection with this Offer or any Gift is not meant by Sponsor to imply the endorsement of the respective owner(s) of such marks, or any affiliation of the respective owner(s) of such marks with Offer advertisements or the Offer.