News - Jersey Mike's® Gift Card Giveaway Promotion (11/14/19)

Jersey Mike's® Gift Card Giveaway Promotion (11/14/19)

November 14, 2019 • Manasquan, NJ • Article

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void outside the fifty (50) United States and the District of Columbia, and where prohibited by law. Subject to all federal, state and local laws, regulations and ordinances. The Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram.

1. Entry Period: The Jersey Mike’s® “Gift Card Giveaway” Promotion (the “Promotion”) begins on November 14, 2019 at 10 a.m. Eastern Time (“ET”) and ends on November 15, 2019 at 10 a.m. ET (the "Entry Period"). Entries received outside of the Entry Period will not be accepted or be eligible to win a prize. Sponsor’s (as defined below) computer is the official time-keeping device for the Promotion

2. Eligibility: The Promotion is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old or the age of majority in their jurisdiction of residence at the time of entry. Any parent, affiliates, subsidiaries, officers, trustees, distributors, advertising and promotion agencies, employees and agents of Sponsor (as defined below) are not eligible to participate in the Promotion. Winning a prize (as defined below) is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of any entrant, and all decisions regarding eligibility shall be made by Sponsor in Sponsor’s sole discretion

3. Sponsor: Jersey Mike's Franchise Systems, Inc., 2251 Landmark Place, Manasquan, NJ 08736 ("Sponsor").

4. How to Enter: During the Entry Period, respond to the prompt posted by Sponsor in connection with the Promotion (each, a “Promotion Post”) on Instagram (the “Platform”) by following the instructions below:

Respond to the Promotion Post on Sponsor’s Instagram account at @jerseymikes by leaving a comment on the applicable post. Each comment must comply with the Submission Requirements set forth below and include the hashtag #JMSweepstakes. By leaving a comment, you will receive one (1) entry in the applicable Promotion during that Entry Period, but if the Promotion Post is a question, you will only receive an entry if your comment is correct, as determined by Sponsor in its sole discretion. If you do not have Instagram, you can sign up for free by visiting www.instagram.com.

LIMIT ONE (1) ENTRY PER USERNAME. ADDITIONAL ENTRIES ON THE APPLICABLE PLATFORM WILL BE DISQUALIFIED. Entrants must provide all requested information on their entry and all information provided must be accurate; incomplete entries and entries with inaccurate information will be disqualified.

All entries comply with the Submission Requirements set forth below:

MUST be in the English language;
MUST be the entrant’s original idea (modification of an original work is not an original idea), where applicable;
MUST be viewable and accessible for at least thirty (30) days following the expiration of the Entry Period;
MUST comply with all guidelines and terms of use for the Platform, as applicable;
MUST NOT contain material which is (or promote activities which are) sexually explicit, obscene, pornographic, self-mutilating, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing;
MUST NOT include mention or performance of any copyrighted media production, including, but not limited to, music, films, books, television programming, etc., or identifying descriptions of any media property, except to the extent that such use constitutes a clear fair use or the copyright owner has expressly consented to such use;
MUST NOT contain material that violates or infringes another’s rights, including, but not limited to, material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement. Entries must not include third-party trademarks, logos, insignia, location signage, photographs, artwork, sculptures or music; and
MUST NOT include any third parties.

Normal Internet, phone and usage charges imposed by your online or phone service may apply. Sponsor is not responsible for late or unsuccessful attempts to enter. Incomplete, corrupted, or untimely entries are void and will be disqualified. Sponsor is not responsible for lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware), incomplete uploads, or other errors or malfunctions of any kind, whether human, mechanical, electronic, or otherwise. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Automated entries or entries submitted by third parties will be disqualified. Any attempt by any entrant to obtain more than the permitted number of entries by using multiple and/or different identities, forms, registrations, addresses or any other method will void that entrant’s entries, and that entrant may be disqualified at Sponsor’s discretion.

Entrant explicitly acknowledges and agrees that Sponsor reserves the right to publish in any media, including on its social media accounts, your entry without first and last name or username credit to the entrant. Sponsor reserves the right in its sole discretion to disqualify any entry that it believes is inappropriate or not suitable for publication, that does not comply with these Official Rules or the Submission Requirements set forth above, or that is not consistent with the spirit or theme of the Promotion.

5. Winner Selection, Verification and Notification: Following the Entry Period, Sponsor will select one (1) potential winner in a random drawing from among all eligible entries received through the Platform. Odds of winning a prize will depend on the total number of eligible entries received during the Entry Period. The random drawing will be conducted by Sponsor, whose decisions are final on all matters relating to this Promotion. For any Promotion Post that asks a question to which there could be a right/wrong answer, all eligible entries received, regardless of the answer cast, will be entered into the random drawing for that Entry Period if no entries responded correctly to the question. Determining what answer is “correct” will be done in Sponsor’s sole discretion, and any determination by Sponsor that is later proven “incorrect” will result in a subsequent random drawing from among all eligible entries received during the Entry Period, regardless of the answer provided.

All potential winners will be notified by direct message on Instagram. All potential winners may be subject to verification of eligibility, and may be required to sign and return an Affidavit of Eligibility/Release of Liability/Prize Acceptance Form within seven (7) of notification. If a potential winner cannot be reached (regardless of reason), does not respond within seven (7) days, or there is a return of any prize/prize notification as undeliverable, he/she will be disqualified. Upon disqualification, no further compensation will be given. Failure to comply with any term or condition in these Official Rules may result in disqualification at Sponsor’s sole discretion. In the event that the potential winner is disqualified for any reason, the applicable prize will remain unawarded.

EACH WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.

6. Prizes: Based on the individual Promotion Post, the winner will receive one (1) $15 Jersey Mike’s® electronic gift card. The approximate retail value for the prize is fifteen dollars and no cents ($15.00). The prize will be awarded “as is.” Gift card prizes are subject to the terms and conditions listed thereon (including, without limitation, expiration dates).

Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of the prize not specifically stated herein are the sole responsibility of the winner. Prizes cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitution at its sole discretion. Sponsor will not replace any lost or stolen prizes or components of a prize(s). Only the number of prizes stated in these Official Rules is available to be won in the Promotion. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.

7. General Conditions: This Promotion is governed by the laws of the United States. Void where prohibited by law and outside the United States. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any entrant regarding this Promotion, except as expressly set forth in these Official Rules. If, for any reason, all or a portion of the Promotion is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and/or (a) cancel or terminate the Promotion (or any portion thereof); (b) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; or (c) award the applicable prize(s) from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection process described above. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL OR ENTITY 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, SPONSOR RESERVES THE RIGHT TO DISQUALIFY SUCH ENTRANT AND TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.

8. Releases and Limitations of Liability: By participating in the Promotion, entrants agree that Sponsor, Instagram, Inc., and its and their members, parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, and their respective officers, directors, employees, representatives and agents (the “Released Parties”) are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind; (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 Promotion Prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Promotion.

BY PARTICIPATING IN THIS PROMOTION, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THE PROMOTION OR IN ANY PROMOTION-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THE PROMOTION, PARTICIPANTS AGREE THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY INTERNET SITE ASSOCIATED WITH THE PROMOTION OR SPONSOR, OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY SUCH SITE.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING ANY WEBSITE ASSOCIATED WITH THE PROMOTION AND ALL PRIZES, ARE 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. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

9. Publicity Release: Except where prohibited by law, each winner grants to Sponsor (which grant will be confirmed in writing on request of Sponsor) and all other Released Parties, the right and permission to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including, but not limited to, the world wide web, at any time or times, each participant’s entry as well as any submitted portrait, picture, voice, likeness, and biographical information for advertising, trade, and promotional purposes without additional consideration, compensation, permission, or notification.

10. Disputes: Except where prohibited, by entering this Promotion, you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorneys’ fees; and (3) under no circumstances will the entrants be permitted to obtain awards for, and entrants hereby waive 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

11. Choice of Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the substantive laws of the State of New Jersey.

12. Privacy: All information submitted to Sponsor as part of this Promotion will be treated in accordance with Sponsor's privacy policy, available at https://www.jerseymikes.com/privacy-policy.

13. Winners List: The name of the winner may be obtained after November 20, 2019 by sending a self-addressed stamped envelope to: Jersey Mike's Gift Card Giveaway Promotion Winners, 2251 Landmark Place, Manasquan, NJ 08736. Requests for winner’s list must be received by March 16, 2019.