AMENDED OFFICIAL RULES
Schlotzsky’s® “Blowin’ Out Birthday” Sweepstakes
The following constitutes the Official Rules for the Schlotzsky’s® “Blowin’ Out Birthday” Sweepstakes (“Official Rules”):
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING RESIDENTS OF NEW YORK, RHODE ISLAND, PUERTO RICO AND US TERRITORIES AND POSSESSIONS) WHO ARE AT LEAST 18 YEARS OF AGE. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. INTERNET ACCESS REQUIRED.
Promotion Period. The Schlotzsky’s® “Blowin’ Out Birthday” Sweepstakes(the “Promotion”) commences at 12:00 AM Eastern Standard Time (“ET”) on August 21, 2016, and ends at 11:59 PM ET on October 4, 2016 (the “Promotion Period”). All entries must be received by 11:59 PM ET on October 4, 2016.
Administrator & Sponsor. The Promotion is administered by Punchh, Inc. (“Administrator”) and sponsored by Schlotzsky’s Franchise LLC (“Schlotzsky’s” or “Sponsor”).
Eligibility. The Promotion is only open to legal residents of the United States and the District of Columbia (excluding residents of New York, Rhode Island, Puerto Rico and US territories and possessions). You must be at least eighteen (18) years of age or older at time of entry. Employees of Schlotzsky’s Franchise LLC, employees of individual Schlotzsky’s® restaurants and franchisees of Schlotzsky’s Franchise LLC, employees of Administrator, and their respective immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings and their respective spouses, regardless of where they reside) of, and members of the same household, whether or not related to, Administrator or Sponsor, and each of their respective parents or affiliated companies, subsidiaries, advertising and promotion agencies and third party fulfillment or judging agencies (collectively, the “Promotion Entities”) are not eligible to enter or win the Promotion.
How to Obtain a Game Code. During the Promotion Period, participants may play for a chance to win by obtaining a 10-digit game code (“Game Code”) with which participants can play the Schlotzsky’s® Blowin’ Out Birthday game (“Game”) available through the Schlotzsky’s® Lotz4Me™ app. A participant can obtain a Game Code while supplies last by visiting a Schlotzsky’s® restaurant and purchasing a 32-ounce Blowin’ Out Birthday beverage cup (“Cup”). Printed on each Cup will be a Game Code.
Alternate method of entry (“AMOE”): You may also enter the Promotion by emailing your name, email address, home address, date of birth, and phone number to Amoe45birthdaysweeps@schlotzskys.com. Entries must contain all requested information to be valid. All incomplete entries are void. Limit of one (1) entry per person per day. Entries must be received by 11:59 p.m. on October 4, 2016. Any entry received later than 11:59 p.m. on October 4, 2016 is immediately considered invalid. By submitting an AMOE, you confirm that you are at least 18 years old and agree to our Official Rules for the Schlotzsky’s Blowin’ Out Birthday” Sweepstakes. The Sponsor’s computer is the Sweepstakes’ official clock.
How to Enter. Once a participant obtains a Game Code, he/she can enter to win
By downloading the Schlotzsky’s® Lotz4Me™ app (the “App”) on his/her smartphone, entering necessary information to become a Lotz4Me™ member, clicking on the “Games” tab within the App, and following the provided instructions for entering participant’s Game Code. The Game is a virtual game in which participants are shown images of a birthday candle and are requested to enter a Schlotzsky’s 32 ounce cup Game Code and blow out the birthday candle. Participant will be notified on or before October 11, 2016 if he/she is a winner, and if he/she is a winner, he/she will receive a prize as described below. If the player successfully enters the code and blows out the birthday candle, the player will be entered into the Promotion for a chance to receive a prize as described below.
General Entry Conditions. Entries limited to one (1) entry per participant per twenty-four (24) hour period during the Promotion Period. Multiple participants are not allowed to use the same email address. Any attempt by a participant to acquire more than one (1) entry per day by using numerous email addresses, registrations, identities, or any other methods will void that participant’s entries and that participant may be disqualified. The use of automated software or computer programs to register or enter the Promotion is prohibited, and any individual who uses or attempts to use such methods to register or to enter will be disqualified. Valid entries must contain all information requested. Incomplete and/or multiple entries will be disqualified. In the event of a dispute as to the identity of an Entrant, the authorized account holder of the Lotz4Me™ account will be deemed to be the Entrant and he/she must comply with these Official Rules. The potential Winners (as defined below) may be required to show proof of being the authorized account holder. The "authorized account holder" is the natural person assigned to the Lotz4Me™ account by Schlotzsky’s. All entries will be provided to and become the property of the Sponsor and will not be acknowledged or returned. Entrant acknowledges and agrees that all information submitted by Entrant in connection with the Promotion may be shared by the recipient Promotion Entity with all other Promotion Entities. Sponsor is not responsible for lost, late, incomplete, invalid, illegible or misdirected Entries, which will be disqualified; for technical failures of any kind, including, but not limited to, electronic malfunctioning of any network, hardware or software; any failed, incomplete, garbled or delayed computer transmissions or any combination thereof; or for any error, human, technical or otherwise; or any injury or damage to Entrant’s or any other person’s computer related to or resulting from entering, participating in, or accessing or downloading information in connection with, this Promotion. Sponsor reserves the right at its sole discretion to modify, cancel or suspend this Promotion for any reason whatsoever including, but not limited to, a computer virus, bug, or other cause beyond the control of Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds tampering with the operation or entry process of the Promotion, or acting in violation of these Official Rules or applicable law. Entries delayed past the Promotion Period will not be accepted and will be destroyed.
Winner Selection & Odds of Winning. During the Promotion, there will be 45 winners (each, a potential “Winner”). The odds of winning a prize will be determined by the actual number of Game Code submissions received and recorded by Schlotzsky’s. Being selected as a Winner shall not disqualify a participant from being selected as a Winner again.
Promotion Winner Notification. Potential Winners will be notified through their Lotz4Me account on or before October 11, 2016. Potential winners must follow instructions given by Sponsor or designated agent, including, but not limited to, responding to notification with requested information, within seven (7) days of receiving notification. Awarding any prize is subject to verification of potential Winner’s eligibility and full compliance with these Official Rules. Except where prohibited, a selected potential Winner may be required to complete and return to Sponsor or its designated agent an Affidavit of Eligibility and a Liability/Publicity Release Form (“Affidavit and Release”) within seven (7) days of receiving the Affidavit and Release. Only after the Affidavit and Release is received by Sponsor or designated agent will a potential Winner become an “Official Winner” for purposes of this Promotion. Failure to return the signed Affidavit and Release within seven (7) days following the date of delivery thereof may result in forfeiture of the prize. At Sponsor’s discretion, Winners may be required to produce a picture or some other form of proper identification to claim any prize. Sponsor reserves the right to substitute any prize with prize of equal or greater value. If (1) a potential Winner cannot be contacted as specified above; (2) he/she fails to return the signed Affidavit and Release by the deadline specified above; (3) any notification is returned as undeliverable; or (4) a potential Winner is deemed ineligible for any other reason in Sponsor’s sole discretion, the potential Winner will be disqualified and forfeit the prize and an alternate winner may be randomly selected in his/her place from among all remaining eligible Entries. Up to three (3) alternate winner drawings may be conducted for each unawarded Promotion prize, after which the prizes will remain unawarded. If by reason of printing or other error, more prizes are claimed than the number of prizes set forth in these Official Rules, the advertised number of prizes in the relevant category/ies will be awarded to Entrants selected according to the process outlined under Section 5 of these Official Rules. Under no circumstances will more than the advertised number of prizes be awarded.
Promotion Prizes. 45 prizes will be awarded in connection with this Promotion (each, a “Prize”) as follows.
“ARV” = Approximate Retail Value
Approximate Number Awarded
ARV per Prize
One Thousand dollars ($1,000) cash
Total ARV for all Promotion Prizes: $45,000.00.
Prize Limitations and Conditions. Prize details and availability are subject to change, in which case a prize of equal or greater value may be substituted at Sponsor's sole discretion. Prizes consist only of the items listed herein, are non-transferable, with no substitution or extension except at Sponsor's sole discretion. Taxes on and in connection with all prizes are the sole responsibility of each Winner; Sponsor or its designated agent may issue an IRS Tax Form 1099 to the Winners for Prizes with an ARV of $600 or more.
No Liability & Indemnification. Sponsor and/or Administrator are not responsible for and Entrants release Sponsor and/or Administrator from any failures of any kind, whether caused by computer, technical, or human error, which may either limit the Entrant’s ability to submit an entry, claim or collect a prize, or otherwise participate in this Promotion, or either’s ability to include all eligible entries, conduct random drawings, notify potential Winners, or otherwise execute this Promotion in the manner intended. Entrants further release and agree to indemnify Sponsor and/or Administrator and their subsidiaries, affiliates, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, claims or actions of any kind whatsoever arising from injuries, damages, or losses to persons or property which may be sustained in connection with this Promotion including, but not limited to: (a) the receipt, ownership or use of any prize awarded; (b) any typographical or other error in these Official Rules or any other materials disseminated by Sponsor; and (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with any equipment, systems, networks, lines, satellites, servers, computers, or providers used by an Entrant, Sponsor and/or Administrator. Sponsor and/or Administrator disclaim all and any liability for the actual provision, quality or nature of any third party product or service accepted by the Winners. Entrants assume all risk of loss, damage, destruction, delay or misdirection of materials/mail/email submitted to Sponsor and/or Administrator. As a condition of participating, Entrants agree that (1) under no circumstances will any Entrant be permitted to obtain awards for, and each Entrant hereby waives all rights to claim punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses, (2) all causes of action arising out of or connected with this Promotion, or any Prizes awarded, shall be resolved individually, without resort to any form of class action and shall be resolved exclusively by arbitration under the rules of the American Arbitration Association; and (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorney’s fees.
Other Terms. Sponsor reserves the right, in its sole discretion, without prior notice and at any time, to modify, cancel, terminate or suspend this Promotion, or any portion thereof, should virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor corrupt or impair the administration, integrity or security of the Promotion (including but not limited to attempts to hack into or otherwise tamper with underlying source code/programming of the Website). The Promotion Entities and their respective parent companies, subsidiaries, officers, directors, partners, principals, partnerships, employees or agents are not responsible for hardware, software or telephone failures of any kind, traffic congestion on the Internet or at any website or any combination thereof, lost network connections, incomplete, garbled or delayed computer transmissions, whether caused by Sponsor, users or by any of the equipment or programming associated with or utilized in the Promotion or by technical or human error which may occur and/or which may damage a user’s system or limit an Entrant’s ability to participate and/or redeem prizes in the Promotion. Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the Promotion, violates these Official Rules or otherwise engages in fraudulent or offensive conduct with respect to this Promotion. Caution: Any attempt to deliberately damage any website application or undermine the legitimate operation of the Promotion 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 Entrants to the fullest extent of the law. The laws of the State of Georgia shall exclusively govern the Promotion.
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Should any provision of these Official Rules be deemed unenforceable or invalid, the other provisions of these Official Rules shall remain in full force and effect. In the event that this Promotion is challenged by any legal or regulatory authority (including but not limited to any federal or state governmental authority), Sponsor reserves the right to discontinue or modify the Promotion, as applicable, or to disqualify any Entrants residing in any affected geographic areas, as applicable. In such event, Sponsor shall have no liability to any Entrants who are disqualified due to such an action.
Sponsor may from time to time text Entrants specials, offers, features, promotions or advertising that it deems appropriate. By entering this Sweepstakes Entrants agree to these terms and conditions and agree to accept such text messages. Participants will be provided an option to opt out of any additional text messages. It is the participants’ responsibility to opt out of receiving any additional text messages when prompted.
Request for Names of Prize Winners and Official Rules. For a list ofWinners and/or a copy of these Official Rules, send a self-addressed stamped envelope to: Schlotzsky’s® “Blowin’ Out Birthday” Sweepstakes, Attn: K. Abbott, 5620 Glenridge Drive NE, Atlanta, Georgia 30342. All requests for a copy of the Official Rules and the names of Winners must be made by December 31, 2016. Please note on the front left-hand corner of your outer envelope whether you are requesting “Official Rules” or “Prize Winners.”