Jersey Mike’s Summer Celebration Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, INSTAGRAM, TWITTER OR WOOBOX.
1. SWEEPSTAKES DESCRIPTION. The “Jersey Mike’s Summer Celebration Sweepstakes” (the "Sweepstakes") offers eligible entrants the opportunity to submit images or videos (at least ten (10) seconds in duration) reflecting their brand loyalty to Jersey Mike’s into the Sweepstakes. After the submission and verification period, a public voting period will allow the general public to vote on their preferred Submission (as defined below). One grand prize winner and nine runner up winners will be selected, based on total eligible number of votes.
The Sweepstakes will flow as follows:
- Submission Period: The Sweepstakes Submission Period begins on May 8, 2018 at 12:00:01 a.m. Eastern Time (“ET”) and ends on June 10, 2018 at 11:59:59 p.m. ET.
- Verification Period: The Sweepstakes Judging Period will be on June 11, 2018.
- Voting Period: The Sweepstakes Voting Period begins on June 12, 2018 at 12:00:01 a.m. ET and ends on June 17, 2018 at 12:00:00 p.m. ET.
- Winner Announcement: The announcement of the winners will take place on or about June 18, 2018 after the Voting Period.
The Sponsor of this Sweepstakes is Jersey Mike's Franchise Systems, Inc., 2251 Landmark Place, Manasquan, NJ 08736 ("Sponsor"). By participating in this Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. All federal, state, and local laws and regulations apply. Sponsor’s computer is the official timekeeping device for this Sweepstakes.
2. ELIGIBILITY: Sweepstakes submission is open only to legal U.S. residents residing in the fifty (50) United States and District of Columbia, who are sixteen (16) years of age or older at the time of entry. All entrants under the age of eighteen (18) must have consent from their parents or guardians to enter the Sweepstakes and be bound by these Official Rules.
3. HOW TO ENTER: During the Submission Period, upload a photo or video (at least ten (10) seconds in duration) showing how you celebrate your love of Jersey Mike’s during the summer (the “Submission”) (i) through the entry form on Sponsor’s Facebook Page or (ii) to your Instagram or Twitter account, including the hashtags #JMsummerCelebration and #JMsweepstakes. By taking these steps, an entrant will receive one (1) entry into the Sweepstakes. An entrant’s account settings must be set to public. Creating a Facebook, Instagram or Twitter account is free. Each Submission must meet the following “Submission Requirements” (and any Submission that, in Sponsor’s sole and absolute discretion, violates the following criteria will be disqualified):
- Submission must incorporate the Jersey Mike’s Subs brand.
- Submission should reflect a summer and/or celebratory theme.
- Submissions must NOT contain material which is (or promoting activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), 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, inappropriate, threatening, profane, or harassing; or material that contains any derogatory references to any Sweepstakes Entities (as defined below);
- Submissions must be entirely original to the participant;
- Submissions must NOT have been previously submitted to another Sweepstakes or submitted to any entity that would conflict with this Sweepstakes, as determined in the Sweepstakes Entities’ sole discretion;
- Submissions must NOT include third parties/people, who have not expressly authorized entrant to display their image or likeness in the Submission for purposes of this Sweepstakes. Third Parties include but are not limited to celebrities, friends and minors who have not obtained parental consent prior to such participation;
- Submissions must NOT contain any personally identifiable information of the entrant (e.g. last name, address, phone number); and
- Must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright, trademark or patent infringement.
- Must not contain brand names or trademarks other than those owned by Sponsor, which entrants have a limited license to use to incorporate in entrant's Submission.
Limit two (2) entries per person, regardless of method of entry. Any attempt by any entrant to obtain more than two (2) entries per person by using multiple/different e-mail addresses, identities or any other methods will void that entrant’s entries and that entrant will be disqualified. Submissions will not be returned or acknowledged by the Sponsor.
If you are under the age of 18 or under the age of majority in your state of legal residence, then, before entering in the Sweepstakes (and thereby agreeing to these Official Rules), you must obtain permission from your parent or legal guardian to accept the Official Rules and participate in the Sweepstakes. IF YOU ARE SIXTEEN (16) YEARS OLD OR YOUNGER YOU MAY NOT ENTER THE SWEEPSTAKES OR SUBMIT ANY INFORMATION OR PHOTO. By entering the Sweepstakes, you represent and warrant that (i) you are sixteen (16) years old or older as of the time of entry; (ii) you are fully able and competent to enter into and comply with the Official Rules; and (iii) either (a) you are over the age of majority in your state of legal residence; or (b) you have consent from your parent or legal guardian. As a condition to winning a prize, the Sponsor will require all entrants under eighteen (18) years of age, and may require all other entrants, to provide a copy of the Official Rules and/or all Prize Claim Documents (as defined below) signed by his/her parent or legal guardian.
4. VERIFICATION PERIOD: During the Verification Period, Sponsor will review all Submissions to determine eligibility under these Official Rules, including, without limitation, inclusion of the required hashtags and compliance with the Submission Requirements. Failure to comply with the requirements set forth in these Official Rules shall result in a voided entry in Sponsor’s sole discretion.
5. VOTING PERIOD: Following the Verification Period, all eligible Submissions will be uploaded to a public online viewing gallery on Sponsor’s Facebook page. Voting is limited to one (1) vote per Submission, per Facebook account, per day. Voters who do not comply with the voting instructions will not have their votes cast or counted. Duplicate daily votes will be excluded from the final vote count. Any attempt by an entrant to obtain more than the stated number of votes by any methods that Sponsor deems unfair or inappropriate will void that voter’s votes and the entrant may be disqualified. Entrants are prohibited from obtaining votes by fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as defined by Sponsor in its sole discretion.
6. WINNER SELECTION:
(A) One (1) Grand Prize Winner: At the close of the Voting Period, the Submission with the most votes will be deemed the potential grand prize winner. In the event of a tie, the Grand Prize Winner will be determined by a random “tie-breaking” drawing between such tied Submissions.
(B) Nine (9) Finalist Prize Winners: At the close of the Voting Period, the Submissions with the 2nd-10th most votes will be deemed the potential finalist prize winners. In the event of a tie, the applicable Finalize Prize Winner(s) will be determined by a random “tie-breaking” drawing among such tied Submissions to obtain nine (9) Finalist Prize Winners.
The potential winners will be notified by direct message to the social media account the potential winner used to submit the Finalist Submission entry. The potential winner must respond to Sponsor’s notice within forty-eight (48) hours after the time of notice or else that potential winner may be disqualified. The potential winners may be required to execute and return an affidavit of eligibility, a liability release and, unless prohibited by law, a publicity release and other related documents required by the Sweepstakes Entities (the “Prize Claim Documents”), within a reasonable amount of time, as determined by the Sweepstakes Entities in their sole discretion. The potential winners will not be eligible to receive a prize until all properly completed Prize Claim Documents are received. If the selected entrants are under the age of majority in their state of residence, their parent or guardian will be required to sign and return the Prize Claim Documents.
The Sweepstakes Entities shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If any potential winner (i) does not respond within the time required by Sponsor (including, without limitation, if the winner notification is returned as unclaimed or undeliverable), (ii) is found to be ineligible, (iii) has not complied with these Official Rules, or (iv) declines the prize for any reason , such potential winner will forfeit his or her prize and an alternate winners may be selected based on the selection process set forth in Section 6(A) and 6(B) above, as applicable.
7. GRANT OF RIGHTS: By submitting a Submission, each entrant agrees that the Submission is gratuitous and made without restriction, that it will not place Sponsor under any obligation other than as stated in these Official Rules, that Sponsor is free to publish or otherwise disclose the ideas contained in the Submission on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to the entrant. Each entrant acknowledges that, by acceptance of a Submission, Sponsor does do not waive any rights to use similar or related ideas previously known to Sponsor or developed by its employees, or obtained from sources other than entrant.
Each entrant into the Sweepstakes hereby irrevocably grants to Sponsor, its designees, affiliates, successors and assigns, the exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display the Submission in any media now known or hereafter devised including, but not limited to all forms of electronic media, social media, print media and all forms of internet and wireless protocol in perpetuity and throughout the universe for advertising, marketing, publicity and promotional purposes in connection with the Sweepstakes and other promotions. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Entrants further agree: (i) that the Sweepstakes Entities may exercise any and all rights hereunder without notification or compensation (except for any prize to be awarded hereunder); (ii) that the Sweepstakes Entities shall have the right to freely assign their rights hereunder, in whole or in part, to any other person or entity, without notification or approval by entrants; (iii) Sponsor shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the any Submission for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof; and (iv) to sign and deliver to the Sweepstakes Entities such documents as the Sweepstakes Entities may reasonably require to effectuate the rights granted herein. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder.
9. PRIZES AND APPROXIMATE RETAIL VALUES:
(A) Grand Prize Winner:
One (1) grand prize winner will be selected, based on the highest number of eligible votes. The grand prize winner will receive a Jersey Mike’s Summer Party Package containing:
A $250 Jersey Mike’s Gift Card, 5 Jersey Mike’s t-shirts, 5 Jersey Mike’s sunglasses, 5 Jersey Mike’s Tumblers, 2 Jersey Mike’s frisbees and a Jersey Mike’s bag. The approximate retail value (“ARV”) of the grand prize is $384.21.
(B) Finalist Prize Winners:
Nine (9) Finalist Prize Winners will each receive a Jersey Mike’s t-shirt, Jersey Mike’s glasses, a Jersey Mike’s tumbler, and a $50 Jersey Mike’s Gift Card. The ARV of each Finalist Prize is $73.57.
Total ARV of all Prizes: $1,046.34
Gift Cards may be subject to separate terms and conditions imposed by issuer. Prize cannot be transferred, substituted or redeemed for cash, except at Sponsor's sole discretion. Sponsor reserves the right to substitute any Prize, or portion thereof, with a Prize of comparable or greater value, in its sole discretion. Prize winners shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize.
10. GENERAL: By participating in the Sweepstakes, each entrant agrees to release and hold harmless Sponsor, Facebook, Instagram, Twitter, Woobox and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, prize suppliers, and each of their respective officers, directors, employees and agents, and any other person or entity involved in the production, development, implementation or handling of the Sweepstakes (collectively, the “Sweepstakes Entities”) from and against any claim or cause of action, to the fullest extent permissible by law, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize. Entrants further agree that the Sweepstakes Entities have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prize(s), including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s computer system which is occasioned by participating in the Sweepstakes, or for any computer system, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, the Sweepstakes Entities are not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, or stolen entries, or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event an insufficient number of eligible Submission are received or Sponsor is prevented from awarding prize(s) or continuing with the Sweepstakes as contemplated herein by any event beyond its control, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated for any reason before the designated end date, Sponsor will (if possible) select the potential winner from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. 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(s) 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.
11. PUBLICITY RELEASE: Except where legally prohibited, each winner consents to the use of his/her name and likeness, photograph, voice, opinions, social media account handle and city and state of residence in print, broadcast, Internet and other media for advertising, promotional and/or marketing purposes without additional compensation, limitation, restriction, notice, review or approval.
12. GOVERNING LAW/JURISDICTION: By entering the Sweepstakes, entrants agree that any disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any class action and all claims, awards and judgments shall be limited to actual out of pocket costs incurred, including costs associated with entering Sweepstakes, but in no event attorneys’ fees. No entrant is permitted to obtain any award for, and waives all rights to claim punitive, incidental, or consequential damages. Except where prohibited, all issues and questions concerning the validity, construction, and enforceability of these Official Rules, or the rights and obligations of the entrants and Sponsor in connection with the Sweepstakes, 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 (whether of the State of New Jersey, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey. In addition, any dispute relating to the Sweepstakes or Official Rules shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in Monmouth County, New Jersey. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction they may have.
14. WINNER’S LIST: For a winner’s list, send a self-addressed, stamped envelope to Attention: “Jersey Mike’s Summer Celebration Sweepstakes” Winner, c/o 2251 Landmark Place, Manasquan, NJ 08736. Requests must be received by September 30, 2018.