NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS INTENDED FOR THE UNITED STATES. DO NOT PARTICIPATE IF YOU DO NOT RESIDE IN THE UNITED STATES OR THE DISTRICT OF COLUMBIA AT THE TIME OF ENTRY. VOID WHERE PROHIBITED. SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.
1. ELIGIBILITY: To submit an Entry on your own behalf, if you are an eligible Nominee (as defined below), or submit an Entry to nominate another eligible Nominee, you must be a legal resident of the 50 United States or the District of Columbia and 18 years of age or older (19 or older in Alabama and Nebraska) at the time of nomination (“Nominator”). Nominators may nominate an individual who is a legal resident of the 50 United States or the District of Columbia (“D.C.”) and who is 18 years of age or older (19 or older in Alabama and Nebraska) at the time of nomination (a “Nominee”). Only eligible Nominees will receive a prize. The following individuals are not eligible to enter or win a prize: employees, contractors, directors, and officers of Jersey Mike’s Franchise Systems, Inc. (“Sponsor”), their respective parent, subsidiary and affiliated companies, and the web design, advertising, fulfillment, legal, judging, administrative, and promotion agencies involved in the administration, development, fulfillment, and execution of this Contest (collectively, “Promotion Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent, and spouse or "step" of each) and those living in the same household of each such person (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Contest). Void where prohibited.
2. CONTEST ENTRY PERIOD: Contest begins on November 19, 2018 at 12:00:00 p.m. Eastern Time (“ET”) and ends on January 15, 2019 at 11:59:59 a.m. ET (the “Contest Period”). The Website server is the official clock for this Contest.
3. OVERVIEW: Eligible Nominators are encouraged to nominate an eligible Nominee, or nominate himself/herself, if he/she is an eligible Nominee. The Contest will recognize Nominees who go above and beyond to make a difference in their community and in others’ lives.
4. HOW TO NOMINATE: A Nominator may nominate himself/herself, if he/she is an eligible Nominee, or Nominators may nominate another Nominee who exhibits a “Sub Above” approach to life. To submit a nomination during the Contest Period, eligible Nominators may visit www.beasubabove.com (the “Website”) and follow the on-screen instructions to complete and submit the nomination form, including entering an original essay of no more than two hundred and fifty (250) words, which explains why and/or how the Nominee exhibits a “Sub Above” approach to life, and goes above and beyond to make a difference in their community and in others’ lives (an “Entry”). All Entries must be in English. Optional: Entries may include a link to an article or a picture showing why the Nominee should receive the prize.
Limit one (1) Entry per person/email address. A Nominee may only be nominated once into the Contest. Should multiple users of the same email account submit a nomination and a dispute thereafter arises regarding the identity of the Nominator, the authorized account holder of said email account at the time of entry will be considered the Nominator. “Authorized account holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address. Nominators may not participate with multiple email addresses nor may Nominators use any other device or artifice to participate multiple times or as multiple Nominators. Any Nominator who attempts to participate with multiple email addresses under multiple identities or uses any device or artifice to participate multiple times will be disqualified and may forfeit any prize won, in Sponsor's discretion.
Entries must be truthful and Sponsor reserves the right to verify information contained in the Entry. Entries must be the original work of the Nominator; must not have been previously published or have won previous awards; must not infringe any third-party's rights; must be suitable for publication (i.e., may not be obscene or indecent); must not contain obscene or pornographic material; may not contain defamatory statements; may not invade privacy, publicity or other rights of any person, firm or entity; may not in any other way violate applicable laws and regulations; may not contain any reference to any third party trademarks, names, or third party logos (other than the marks, names, and logos of the Sponsor, and the Nominator and Nominee, as applicable); and may not infringe any copyrighted works owned by third parties. All Entries will be reviewed for content eligibility and compliance with these Official Rules before being judged. Entries containing false information, prohibited material or inappropriate content, as determined by the Sponsor, in its sole discretion, may be disqualified. Sponsor makes the final determination as to which Entries are eligible to take part in this Contest.
5. SELECTION OF WINNERS: All eligible Entries will be judged by a qualified panel of five judges appointed by the Sponsor (“Judges”), based on the following judging criteria:
- Nominee’s accomplishments (20%)
- How the Nominee has made an impact on others’ lives (20%)
- How well the Nominee exhibits a “Sub Above” approach to life (60%)
The top five (5) Entries with the highest total scores based on the above judging criteria will be deemed the potential winning Entries, subject to verification of the Nominator and the Nominee’s eligibility. In the event of a tie for selection of winning Entries, the tie breaker will be based on the highest score in the first judging criterion, continuing thereafter to each judging criterion in order, as needed to break the tie. All submitted Entries, Nominees, and Nominators in this Contest shall be governed by these Official Rules and the decisions of the Judges and Sponsor. Nominators and Nominees agree that the Sponsor and Judges have the sole right to decide all matters and disputes arising from this Contest and that all decisions of Sponsor and Judges are final and binding.
6. PRIZES (5): $5,000.00, awarded in the form of a check made payable to the winning Nominee.
TOTAL ARV OF ALL PRIZES: $25,000.00.
7. PRIZE RESTRICTIONS: Limit one (1) prize per person/household. Prizes are non-transferable and no substitution permitted, except at the sole discretion of the Sponsor. Sponsor reserves the right in its sole discretion to substitute a prize with one of equal or greater value. Federal, state, and local taxes, if any, are the sole responsibility of the winning Nominees. All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the winning Nominees.
8. WINNER NOTIFICATION AND PRIZE CLAIM: Winning Nominators and Nominees are subject to verification, including verification of age. Potential winning Nominees will be notified on or about February 28, 2019, via the phone number/email address supplied at time of entry, if they nominated themselves; or the Nominator of the potential winning Nominee will be notified on or about February 28, 2019 with the phone number/email address supplied at time of entry. The Nominator will then be required to have the potential winning Nominee respond within five (5) business days with the information requested. If any potential winning Nominee does not respond to a notification within five (5) business days of first notification attempt, prize may be forfeited and an alternate winning Nominee may be contacted. Upon receipt of each potential winning Nominee’s return message, each potential winning Nominees will be required to verify his/her eligibility by completing, signing, notarizing, and returning an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release (granting the use of the potential winning Nominee’s name, city/state, likeness, or photograph by Sponsor for advertising/publicity purposes, without further compensation) within seven (7) business days of traceable mail/email receipt, or prize may be forfeited and an alternate potential winning Nominee may be contacted.
Prize may be forfeited and an alternate Nominator/winning Nominee may be contacted if: (1) a prize notification or prize is unclaimed or returned as undeliverable; (2) if notification is not received in a timely manner for any reason including because of spam filters; (3) if any prize correspondence is not returned within the required time period; (4) or, if a potential winning Nominee declines the prize for any reason or is found to be ineligible or noncompliant with these Official Rules. Sponsor is not responsible for any change of mailing address, email address, and/or telephone number of Nominators/Nominees.
Taxes: Winning Nominees are solely responsible for any taxes on the prize, and individual winning Nominees will be issued an IRS Form 1099 reporting the value of the prize as additional income in January of 2020. As a condition of winning, a potential individual winning Nominee will be required to complete a W9 Tax Form and will be required to furnish his/her social security number for the sole purpose of preparation of any tax forms as required by law.
Prizes will be mailed to the address provided during verification within four to six weeks after verification.
9. GENERAL CONDITIONS: INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION. If the Contest is not capable of running as planned for any reason, including without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify, or terminate the Contest. In the event of cancellation, Sponsor will award the prizes in a manner to be determined by Sponsor in its sole discretion. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. In the event that an Entry is confirmed to have been erroneously deleted, lost or destroyed, Nominator/Nominee’s sole remedy shall be another Entry into the Contest. Sponsor reserves the right to disqualify any individual who tampers with the entry process or the Website, or acts in a disruptive manner.
10. COMMERCIAL USE OF ENTRIES: BY ENTERING THE CONTEST, EACH NOMINATOR/NOMINEE ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED TO SPONSOR AND ITS AFFILIATES’ (INCLUDING AGENTS AND ASSIGNS) WEBSITE(S) AND/OR SOCIAL MEDIA CHANNELS, OR OTHERWISE USED FOR ADVERTISING AND PROMOTIONAL PURPOSES IN SPONSOR’S SOLE DISCRETION. SUBMISSION OF AN ENTRY GRANTS SPONSOR AND ITS AGENTS THE UNCONDITIONAL, IRREVOCABLE, WORLDWIDE RIGHT TO PUBLISH, USE, ADAPT, EDIT AND/OR MODIFY ENTRY IN ANY WAY, INCLUDING EACH COMPONENT OF THE ENTRY, TOGETHER OR SEPARATELY, IN WHOLE OR IN PART, IN ANY AND ALL MEDIA, WITHOUT LIMITATION, AND WITHOUT COMPENSATION OR CONSIDERATION TO THE NOMINATOR/NOMINEE, WHETHER OR NOT SUCH ENTRY IS SELECTED AS A WINNING ENTRY. BY SUBMITTING THE ORIGINAL ENTRY, EACH NOMINATOR/NOMINEE REPRESENTS AND WARRANTS THAT HE/SHE HAS ALL RIGHT, TITLE AND INTEREST NECESSARY TO GRANT THE SPONSOR THE WORLDWIDE, IRREVOCABLE AND UNRESTRICTED RIGHT AND LICENSE TO ADAPT, PUBLISH, USE, EDIT, AND/OR MODIFY SUCH ENTRY IN ANY WAY AND POST THE ORIGINAL OR MODIFIED ENTRY ON THE INTERNET OR USE THE ORIGINAL OR MODIFIED ENTRY IN ANY OTHER WAY AND AGREES TO INDEMNIFY AND HOLD SPONSOR HARMLESS FROM ANY CLAIMS TO THE CONTRARY.
11. LIMITATIONS OF LIABILITY AND RELEASE: By acceptance of prize, each winning Nominee (and the associated Nominator) agrees to release Sponsor and Promotion Parties from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses of any kind to person or property resulting in whole or in part, directly or indirectly, from participation in the Contest or from acceptance, possession, misuse, receipt, ownership or use of any prize; or any typographical or other error in the Official Rules or the offering and announcement of prizes. Promotion Parties assume no responsibility for lost, late, misdirected, stolen, illegible, inaccurate, damaged or incomplete Entries or submissions, failure or unavailability of electronic equipment, communications or internet connections, or other errors, failures or malfunctions of any kind.
12. PUBLICITY: Except in Tennessee, and where prohibited by law, by accepting a prize, winning Nominees (and associated Nominators) grant permission for Sponsor and those acting under its authority to use their name, and address (city and state), photograph, voice and/or likeness, for advertising and/or publicity purposes, in any and all media (including posting on the Website and Sponsor’s website) now known or hereinafter invented without territorial or time limitations and without further notice to and without additional compensation. If you are selected as a winning Nominee, your (and the associated Nominator’s) information may also be included in a publicly-available winner’s list.
13. BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply New Jersey law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE NOMINATOR/NOMINEE’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE CONTEST, EACH NOMINATOR/NOMINEE AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY NOMINATOR/NOMINEE BE PERMITTED TO OBTAIN ANY AWARD FOR, AND EACH NOMINATOR/NOMINEE 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, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) NOMINATOR/NOMINEE’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND NOMINATOR/NOMINEE 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 EVERY NOMINATOR/NOMINEE.
14. GOVERNING LAW & JURISDICTION: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, 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 thereof. By entering, you consent to the jurisdiction and venue of the federal, state, and local courts located in Monmouth County, New Jersey for the resolution of all matters or proceedings which are not subject to arbitration as set forth in Section 13 of these Official Rules, and agree that any and all such disputes shall be resolved exclusively in those courts. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
15. WINNERS LIST REQUEST: The names of the winning Nominees will be posted on the Website for 30 days after verification.
16. SPONSOR: Jersey Mike’s Franchise Systems, Inc., 2251 Landmark Place, Manasquan, NJ 08736.