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JERSEY MIKE’S® SOMEDAY CONTEST OFFICIAL RULES
Jersey Mike’s® SOMEDAY CONTEST
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING. INTERNET ACCESS IS REQUIRED TO PARTICIPATE. Void where prohibited or restricted by law.
ARBITRATION NOTICE: BY ENTERING, YOU AGREE THAT DISPUTES BETWEEN YOU AND ANY CONTEST ENTITY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A JURY TRIAL, CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. See Disputes/Arbitration provision contained herein.
- SPONSOR: This Someday Contest (“Contest”) is sponsored by Jersey Mike’s Franchise Systems, Inc., with its principal address at 2251 Landmark Place, Manasquan, NJ, 08736 (“Sponsor”).
- ELIGIBILITY: This Contest is open to individuals who: (i) are legal residents of the fifty United States, including Washington D.C., who are of legal age in their state of residence prior to the beginning of the Promotion Period described in Section 4 below; and (ii) completed the entry requirements described in Section 5 below.Employees, officers and directors of the Sponsor, its parent, subsidiary and affiliated companies, advertising and promotion agencies and any other individuals or entities who are engaged directly or indirectly in the development of, the production, distribution or review of materials for, or the administration, execution or implementation of this Contest (collectively the “Contest Entities”) and persons in the immediate family of such individuals (spouse, parent, child, sibling, partners and their respective spouses, and foster and step-relations) regardless of where they reside, or those living in their same household (whether or not related) as any person in any of the preceding categories are not eligible to enter.
- AGREEMENT TO RULES: All participation in this Contest shall be governed by these Official Rules. By participating in the Contest, each participant fully and unconditionally agrees to be bound to and accepts these Official Rules and any additional terms and conditions specific to the Contest communicated by Sponsor. By participating, participants further agree to be bound to the decisions of the Sponsor (and its authorized representatives), which are final and binding in all matters. By submitting an Entry (as defined below), participants agree to be contacted by Sponsor with Contest related communications.
- PROMOTION PERIOD: This Contest begins on February 6, 2023 at 9:00 a.m., Eastern time (“ET”) and ends on February 9, 2023 at 9:00 a.m. ET (“Promotion Period”). Sponsor’s clock/server/computer is the official time keeping device for this Contest. All Entries must be received within the Promotion Period. Participants are solely responsible for determining the correct time zone in their respective jurisdictions. Contest Entities disclaim all liability or responsibility relating thereto.
- HOW TO ENTER: No purchase is necessary to enter or to win. During the Promotion Period, each participant must submit their entry (“Entry”) by following the instructions below:
- Follow Jersey Mike’s Instagram Account. During the Promotion Period and on the Finalist Date and Selection Date, participants must be a “follower” of the Sponsor’s Instagram account (@jerseymikes).
- Respond to Instagram Story. During the Promotion Period, each participant must respond to the Instagram Story posted on Sponsor’s Instagram account (@jerseymikes) with their idea for Sponsor’s big game ad. Participant’s response must be sent through the question box in Sponsor’s Instagram Story.
Entries shall only be posted using the participant’s individual, non-business, non-professional Instagram account. Entries that include other items, such as other branded products or people, or do not otherwise comply with the requirements set forth above will not be considered. Entries that violate or infringe on another’s rights in any way will not be considered. Entries must NOT appear to condone, promote, contain or describe in any manner illegal, dangerous, harmful, offensive, cruel, unsafe, demeaning, disgusting, highly political or sensitive topics, or any other improper or unsuitable activities/content or else will be subject to disqualification. Entries must feature the Sponsor’s product and brand in a truthful, positive and appropriate manner, or else will be subject to disqualification.
Limit one (1) Entry per participant. Normal internet access and device usage charges imposed by your mobile plan and/or on-line service may apply to Entry via mobile device. Messaging & data rates apply to internet access via mobile devices. Other charges may apply; check your mobile plan for rates/details. Consent is not a condition of purchase.
6. REPRESENTATIONS ABOUT YOUR ENTRY
- By submitting an Entry, Participants represent and warrant (and agree to release and indemnify Contest Entities from same) that: they have the absolute right and all requisite consents to submit such Entry, and submitting such Entry does not violate or infringe the rights of any third party, will not constitute a violation of law, and will not bring Sponsor or the Contest Entities into public disrepute, scandal or embarrassment; their Entry submitted and all content therein is truthful and accurate, has not been created for any other contest or similar promotion or copied in whole or in part from any other work, and is the sole and exclusive property of the Participant (or Participant has the full consent to submit it herein for all uses contemplated); the Entry does not contain, depict, condone, encourage or promote activities or content prohibited by these Rules; the Entry does not depict, refer to or contain in any respect information about an individual under the age of 13; and any individuals mentioned, featured in, or who have worked on the Entry, in whole or in part, in any manner have given Participant their consent to submission of Entry into this Contest and the use contemplated.
- If requested by Sponsor, Participant shall provide evidence of the above in writing. Nothing herein shall be deemed an obligation of confidentiality. Any trademarks, logos, brand names, venues, sponsorships or any other intellectual property appearing in any way in any Entry are the property of their respective owners, which are not sponsors or affiliated with this Contest in any way. Participants understand and agree to assume the risk that their Entry and any element thereof may, in whole or in part, be identical or similar to any other Entry, that one Entry may regardless receive varying scores from the other Entry, and Participants shall release and hold Contest Entities harmless from same.
- At the time an Entry is submitted, and whether or not selected as a winner, Participants understand and agree their Entry and all content therein may be used, shared and displayed in furtherance of all Contest related purposes (including without limitation judging, prize fulfillment, winner verification and public Award announcements) and may be modified, edited, distorted, used in whole or in part, alone or in combination with other works, used in illusory or composite form, or in any other manner, as solely determined by Sponsor in any media and medium whatsoever now known or hereinafter developed (including without limitation Sponsor’s and (unrelated) third parties’ digital, on-line, and off-line social media, marketing and advertising properties, printed materials, and/or any other media/medium through-out the world) without further compensation or review. Participants will not now nor in the future be paid for their Entry or for granting Sponsor any of these rights.
7. JUDGING CRITERIA: After the Promotion Period has ended, the Sponsor will select a panel of judges (“Judges”). The top four Entries will be selected by the Judges based on five categories of equal weight for a total of 100 points:
- Creativity of Entry;
- Passion for the brand;
- Sincerity; and
- Alignment of Entry with Sponsor’s brand.
8.FINALIST AND WINNER SELECTION
- Subject to verification of eligibility and execution of the applicable Required Documentation (defined below), four finalists (“Finalists”) will be selected by the Judges from all eligible Entries received pursuant to the four highest scores assessed by the Judges based on the above Judging Criteria. In case of a tie, the Entries, among those tied, will be re-judged in accordance with all of the judging criteria to break the tie. The display of any Entry by Sponsor shall not be deemed to constitute Sponsor’s representation or agreement that the Entry is, in whole or in part, compliant with these Official Rules, or eligible for continuation in the Contest, judging or prize award.
- Sponsor will create a video inspired by each Finalist’s Entry (“Videos”), for a total of four videos. The Entries may be modified, edited, distorted, used in whole or in part, alone or in combination with other works, used in illusory or composite form, or in any other manner for the Videos.
- It is anticipated that the Finalists will be announced on or about February 10, 2023 at 12:00 p.m. ET (“Finalist Date”). Sponsor will announce the Finalists by tagging their Instagram handles in Sponsor’s Instagram Story. On or about February 11, 2023 at 10:00 p.m. ET., Sponsor will share each Video in its Instagram Story, along with a poll sticker for members of the public to vote on their favorite. The poll will remain open until February 12, 2023 at 10:00 p.m. ET. Time periods may be extended or modified due to exigencies of the circumstances. Sponsor reserves the right to select fewer than the stated number of Finalists in its reasonable discretion due, for example, to insufficient eligible and qualified Entries.
- The Finalist whose Entry corresponds with the video that receives the most votes in the poll will be the grand prize winner (“Grand Prize Winner”). The Grand Prize Winner will be announced on Sponsor’s Instagram Story on or about February 12, 2023 (“Selection Date”) at 10:30 p.m. ET. Time periods may be extended or modified due to exigencies of the circumstances.
- If a potential winner is found to be ineligible or declines to accept the prize, or Sponsor is unable to contact the potential winner on or within two separate attempts, or in the event that the prize confirmation, notification, or prize is returned, ignored, not timely responded to, misdirected or undeliverable, the prize will be forfeited, and in the Sponsor’s sole discretion, the forfeited prize may be forfeited and may be awarded to an alternate potential winner. If the Sponsor wishes to select an alternative potential winner, Sponsor will do so based on the video receiving the second-highest number of votes in the poll. Contest Entities are not responsible for any undelivered telephone calls, messages, e-mails, or any other communications, including but not limited to those that are not received because of the Participant’s or winners’ privacy or spam filter settings that may divert any notification or other Contest related e-mail to a spam or junk folder. Prize awards are subject to verification of eligibility and compliance with these Official Rules.
- Limit one (1) prize per participant. The decisions of Sponsor are final in all matters relating to this Contest, including winner selection.
9. PRIZES: The three Finalists who are not the Grand Prize Winner will each receive a Fifty Dollar ($50) Jersey Mike’s® gift card. The Grand Prize Winner will receive two calendar years’ worth of subs from the Sponsor (paid in the form of one or more gift cards, in Sponsor’s discretion, adding up to a total of $1,560). The aggregate approximate retail value of the prize is $1,710 (“ARV”), which is comprised of gift cards totaling $1,710. The ARV for the Grand Prize Winner’s gift card(s) was calculated based on one sub (valued at $15) per week for one hundred four (104) calendar weeks. The ARV is subject to market conditions, which can fluctuate, and any difference between actual market value and ARV will not be awarded to the winner.
10. CLAIMING THE PRIZE: Each winner must provide Sponsor with all information required to claim the prize (including tax identification information). Each winner shall sign and return to Sponsor a liability/publicity release, affidavit of eligibility, and a tax indemnification guarantee (hereinafter collectively referred to as the “Required Documentation”) by a date determined by Sponsor in form and substance satisfactory to Sponsor in order to be eligible to receive the prize. If (i) any of the Required Documentation is not completed, signed, and/or returned within the stated time, (ii) the winner is deemed by Sponsor to be ineligible or not to have complied with these Official Rules, or (iii) the winner refuses to accept or fails to claim the prize, then the prize will be forfeited by the winner and an alternate winner may be selected from among all eligible entries timely received, if time permits. If a winner is not reachable at the email address provided to Sponsor or if a notification is returned as undeliverable, then the prize will be forfeited and an alternate winner may be selected. The prize will be delivered within thirty (30) days of the winner delivering the signed Required Documentation to Sponsor.
11. TAXES: Each winner is responsible for any and all federal, state and local taxes, fees and other government assessments on the awarded prize. Furthermore, the winner acknowledges that federal and/or state law requires that a tax withholding on certain prize values must be collected from the winner upon award or distribution. Federal and/or state withholding laws are subject to change without notice. The withholding laws in effect at the time the prize is claimed will be followed, and the winner of the prize may be issued an Internal Revenue Service Form W-2G by Sponsor (if required), which the winner will be required to sign at a time and place determined by Sponsor in its sole discretion. As a condition to delivery of the prize and within a period to be determined by Sponsor, the winner will be required to submit to Sponsor in full the estimated tax withholding payment for the prize (if any). Failure to make the estimated tax withholding payment in a timely fashion as determined by Sponsor in its sole discretion will subject the winner’s Entry Form to invalidation. In such event, a new winner will be randomly selected from the pool of remaining eligible participants. Each winner is also responsible for any travel or delivery charges incurred to accept the prize.
12. CANCELLATION; TERMINATION OF CONTEST: By choosing to participate in this Contest, each participant acknowledges and agrees that Sponsor has the right, in its sole discretion, to elect not to proceed with this Contest for any reason whatsoever or for no reason, and in such event, a participant will not be entitled to any remedy whatsoever.
- This Contest is void where prohibited or restricted by law.
- Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or the Sponsor website; violates the Official Rules, or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE 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.
- Contest Entities are not responsible for any incorrect or inaccurate information, whether caused by website users, human error, tampering, hacking or by any of the equipment or programming associated with or utilized in the Contest and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, incompatibility, communications failure, theft, loss or destruction of Entries, nor for the failure to capture Entry or other information. Contest Entities are not responsible for injury or damage to participants’ or to any other person’s computer and/or mobile device related to or resulting from downloading materials from or use of any Website. If, for any reason, the Contest or any element thereof is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, fraud, force majeure, technical or other failures or errors, or any other causes similar or dissimilar which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest or any element thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest or element thereof and select the winners from non-suspect, eligible entries received prior to the action or as otherwise may be deemed fair and equitable by Sponsor. In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in any communications, announcements, advertising and/or promotional materials relating to this Contest, these Official Rules shall govern.
- Sponsor shall have no responsibility or obligation to a winner who is ineligible for a prize, or is unable to or who does not accept or utilize a prize, for any reason.
- Prizes are awarded “as is” without any express or implied warranty or guarantee from Sponsor, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Only the prizes as described herein are available to be awarded; in no event will the Contest Entities be responsible for awarding more or different prizes than stated herein. Prizes cannot be assigned, transferred, or substituted, except by Sponsor who may, at its sole discretion, substitute a prize or any part thereof with a prize of equal or greater value. Prizes are not redeemable for cash; any difference between the actual value and ARV of the prize will not be awarded as cash, or otherwise unless otherwise stated.
- This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram, Facebook, Twitter, YouTube, Google or any other Social Media or similar platform. Participants understand that all information is being provided to Sponsor and not to Instagram, Facebook, Twitter, YouTube, Google or any other Social Media where this Contest may be advertised. Sponsor is not responsible for practices, terms or actions taken by any of these or other social media and web services sites.
14. PUBLICITY RELEASE: By participating in the Contest and/or accepting a prize, participants and confirmed winners as applicable grant (and agree to confirm that grant in writing) permission for Sponsor and/or Sponsor’s authorized representatives the right to use their Entry, name, biographical information, likeness, image, voice, and statements for promotion, trade, commercial, and publicity purposes, at any time or times, in all media now known or hereafter discovered including television and the internet including Sponsor’s social media platforms and those of third parties whether or not connected with the Contest, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
16. INDEMNIFICATION AND RELEASE OF LIABILITY: BY PARTICIPATING, PARTICIPANTS AND WINNERS AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, OTHER CONTEST ENTITIES, AND THEIR PARENT, AFFILIATES AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, CAUSES OF ACTION, DEMANDS, LOSSES, SETTLEMENTS, LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE, VIOLATION OF PROPRIETARY, PUBLICITY, PRIVACY OR ANY OTHER RIGHT), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF USE OF THE ENTRY IN WHOLE OR IN PART, THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN ANY PROMOTION AND/OR PRIZE RELATED ACTIVITY, ACCESS TO THE WEBSITE, AND/OR OTHER PARTICIPATION IN THIS CONTEST. By entering and/or accepting a prize, Participants and winners covenant to the fullest extent permitted by law not to sue any Released Party or cause them to be sued regarding any matter released above, and not to disaffirm, limit or rescind this release. A waiver by one or more of the Contest Entities of any term in these Official Rules does not constitute a waiver of any other provision. Any provision adjudged to be invalid shall be struck from these OFFICIAL Rules and the remainder shall continue in full force and effect.
17. ADDITIONAL TERMS: In case of dispute as to the identity of any participant, entry will be declared made by the authorized account holder of the Instagram account used to enter the Contest. “Authorized Account Holder” is defined as the natural person who is assigned to the account issued by the telephone service provider or telecommunications operator responsible for assigning the telephone number. Any potential winner may be requested to provide Sponsor with proof that such winner is the Authorized Account Holder of the telephone number used to enter the Contest. The sufficiency and type of such proof is subject to Sponsor’s sole discretion.
18. FORCE MAJEURE: Contest Entities shall not be liable to participants, winners or any other person or entity for failure to execute the Contest, or supply a prize or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, cancellation or delay of any event, or any similar or dissimilar event beyond their reasonable control.
19. DISCLAIMERS: If this Contest cannot be administered as contemplated for any reason, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest, winner selection, or prizes without prior notice.
20. DISPUTE RESOLUTION/ARBITRATION/GOVERNING LAW: THIS CONTEST AND ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANT, SPONSOR, OR ANY OTHER CONTEST ENTITY IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE UNITED STATES AND THE STATE OF NEW JERSEY WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, to the fullest extent permitted by law, each participant agrees that if any controversy or claim arising out of or relating to these Official Rules and the Contest cannot be settled through direct discussions, they will endeavor first to settle the controversy or claim by a mediation administered by the International Center for Dispute Resolution (“ICDR”) under its then-applicable rules and procedures. If the dispute is not otherwise resolved through direct discussions or mediation, the Parties agree that the controversy or claim, including the scope or applicability of this agreement to arbitrate, will then be resolved by final and binding confidential arbitration in New Jersey, to be administered by ICDR in accordance with its then-applicable arbitration rules and procedures, including without limitation the rule providing that each party will pay its pro rata share of ICDR fees and expenses and the rules providing for limited discovery and other exchange of information. The ICDR rules are available at www.ICDR.org. The ICDR rules for selection of a single arbitrator will be followed. Notwithstanding the forgoing, each participant agrees that any mediation or arbitration shall be conducted on an individual basis, without resort to any form of class action. Under no circumstances will a participant be permitted to obtain awards for, and participant hereby waives all rights to claim punitive, incidental, consequential, and any other damages (other than for actual out-of-pocket expenses) and any and all rights to have damages multiplied or otherwise increased.
21. SEVERABILITY: The invalidity, illegality, or unenforceability of any provision of these Official Rules shall in no way affect the validity, legality, or enforceability of any other provision hereof. Any invalid, illegal, or unenforceable provision shall be deemed severed from these Official Rules and the balance of these Official Rules shall be construed and enforced as if these Official Rules did not contain such invalid, illegal, or unenforceable provision.
22. WINNERS LIST: To obtain a list of the winners, send an email to email@example.com within thirty (30) days of the Selection Date to Sponsor. The email should contain the following phrase in the “subject” field: Someday Contest Winners List.
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