terms and conditions

The Schlotzsky’s “Original Sandwichers Sweepstake” Promotion


PROMOTION DESCRIPTION: The Schlotzsky’s “Original Sandwichers Sweepstakes” Promotion (the “Sweepstakes”) begins on or about August 28, 2023 at 8:00 a.m. Eastern Time (“ET”) and ends on October 29, 2023 at 11:59 p.m. ET (the “Promotion Period”). The Promotion consists of two Drawings: the first will take place on September 30, 2023 (“Drawing 1”), and the second on October 30, 2023 (“Drawing 2”). Each Drawing will be conducted to randomly select fifty winners of a prize from among all eligible entries received during the relevant entry period, as set forth more fully below. Entry in the Sweepstakes does not constitute entry into any other promotion, contest, or sweepstakes. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of is Schlotzsky’s Franchisor SPV LLC, 5620 Glenridge Drive NE, Atlanta, GA 30342 (“Sponsor”), which shall be final and binding in all respects.

ELIGIBILITY: Only legal U.S. residents of the following United States: AL, AR, AZ, CO, GA, IL, KS, KY, LA, MI, MO, MS, NE, NM, NV, NC, ND, OH, OK, OR, SC, TN, TX, WI, WY (the “Eligibility Area”), who are at least eighteen (18) years of age at the time of entry are eligible to enter. Officers, directors and employees of Sponsor and Sponsor’s respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies involved in the Sweepstakes (all such individuals and entities collectively referred to herein as the “Promotion Entities”), and the immediate family members and/or those residing in the same household of each are ineligible to enter the Sweepstakes or win a prize. This Sweepstakes is void where prohibited.

HOW TO ENTER: There are two (2) ways to enter the Sweepstakes:

  1. Purchase of a Schlotzsky’s Original Style Sandwich through the Schlotzsky’s App: During the Promotion Period, eligible entrants have the opportunity to enter the Sweepstakes by completing a purchase of an “Original” Style sandwich (Original, Deluxe Original, Turkey Original, Ham and Cheese Original, Cheese Original), any size, through their Schlotzsky’s Reward Account. Each completed eligible purchase (each Original Style Sandwich) between August 28, 2023- September 29, 2023, equals one entry for Drawing 1. Each completed eligible purchase during the entirety of the Promotion Period, equals one entry for Drawing 2.

    A free Schlotzsky’s Rewards Account is required to enter the Sweepstakes using this method of entry. If an eligible entrant does not have an Account, they can create one for free at: https://www.schlotzskys.com/rewards. An eligible entrant’s use of the Account is subject to the Schlotzsky’s Terms and Conditions including the Reward Program Terms and Conditions, available at: https://www.schlotzskys.com/legal. If an entrant does not have the Schlotzsky’s App they can download it for free via the Apple App Store or Google Play.

  2. NO PURCHASE NECESSARY Social Media Entry: To enter via social, Sponsor will publish a post on the Schlotzsky’s Facebook and Instagram accounts (https://www.facebook.com/Schlotzskys,] https://www.instagram.com/schlotzskys) announcing the Promotion and inviting entrants to enter the applicable Drawing (each, a “Drawing Post”). To enter, eligible entrants must complete the following steps (the “Social Media Entry Steps”) during the Promotion Period: (i) like the applicable Drawing Post; and (ii) post an original comment on the applicable Drawing Post that that complies with the “Comment Guidelines” below and incorporates the hashtag #SandwicherSweeps that tags one (1) friend (each, a “Comment”). Upon completing the required steps, Entrants will receive one (1) entry into the applicable Drawing. To enter Drawing 1, eligible entrants must complete the Social Media Entry Steps between the date of the first Drawing Post and September 29, 2023. To enter Drawing 2, eligible entrants must complete the Social Media Entry Steps during the Promotion Period.

    The Comment must meet the following “Comment Guidelines”: (i) the Comment must be the submitting entrant’s original, previously unpublished work and not feature or focus on any copyrighted material, logos or trademarks that are owned by third parties; (ii) the Comment must not include text or subject matter that is deemed by the Sponsor to be obscene, profane, pornographic, libelous or otherwise objectionable; (iii) each entrant’s social media account must be public to enter the Promotion; and (iv) entrant must have permission from each of the users tagged in the Comment.

    To enter using this method of entry, a free Facebook or Instagram account is required. Use of the Facebook or Instagram service will be subject to Facebook’s and Instagram’s respective privacy policies and terms of service which are available at: https://www.facebook.com/policies_center, https://privacycenter.instagram.com/policyl, and https://help.instagram.com/581066165581870/?helpref=hc_fnav.

Unlimited entries per eligible entrant regardless of the method of entry. In order to participate, all entries must be received by September 29, 2023 at 11:59 pm ET for Drawing 1 and the end of the Promotion Period for Drawing 2. Sponsor’s clock will be the official time-keeper for this Promotion. Proof of making a purchase or posting a Comment is not considered proof of delivery to or receipt by Sponsor of such entry. Except as otherwise contemplated in these Official Rules, and to the extent entrants may otherwise elect at the time of entry, personal information collected in connection with the Sweepstakes will be used only to administer the Sweepstakes, for the purposes described in these Official Rules, or as otherwise or permitted by law, and you consent to Sponsor using and disclosing your personal information for these purposes. Your personal information will be processed in accordance with Sponsor’s privacy policy located at https://www.schlotzskys.com/privacy.

Entry must be made by the entrant, only through the entry methods described above. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Promotion. Tampering with the entry process or the operation of the Promotion, including but not limited to the use of any device to automate the entry process, is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the processing of the entries in the Promotion. The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.

WINNER SELECTION AND NOTIFICATION: On or about September 30, 2023, a winner will be randomly selected from all eligible entries received for Drawing 1. On or about October 30, 2023, a winner will be randomly selected in a drawing from all eligible entries received throughout the Promotion Period. Entrants may only win once. The drawings will be conducted by Sponsor or its designee, using randomization methods selected by Sponsor in its sole discretion. A potential winner will be notified by e-mail or by direct message using the contact information given at the time of entry. Sponsor shall have no liability for any winner notification that is lost, intercepted, or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within the time period specified in the winner notification, or if the prize or winner notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified, and an alternate winner may be selected. Sponsor may successively attempt to contact up to two (2) potential winners of an applicable prize in accordance with such procedure, and if there are still no confirmed winners of such applicable prize after such attempts have been made, if any, the corresponding prize may go unawarded.

PUBLICITY RELEASE: By participating in the Promotion, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in and/or winner of the Sweepstakes, each entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, social media tag, likeness, and biographical information, and any other personal characteristics, in any and all media for any purpose, including without limitation, to advertise, market, and promote the Promotion Entities, the Website or the Sweepstakes or other promotions, and each entrant and/or prize winners hereby release the Promotion Entities from any liability with respect thereto.

PRIZES/ODDS: Fifty (50) Prizes are available for Drawing 1 and fifty (50) Prizes are available for Drawing 2. The Prize consists of one (1) free Small Schlotzsky’s Original Style Sandwich Reward (the “Reward”) per week for 52 consecutive weeks. The Reward will be delivered to each winner’s Schlotzsky’s Rewards Account on Sunday and will expire on the following Saturday at approximately 11:59 p.m. local time and can be redeemed for one (1) small Schlotzsky’s Original Style sandwich (excluding taxes, fees, add-ons and substitutions including gluten free bread).

A free Schlotzsky’s Rewards Account is required to redeem the Prize/Reward. If a Winner does not have an Account, they can create one for free at: https://www.schlotzskys.com/rewards. The Winner’s use of the Account is subject to the Schlotzsky’s Terms and Conditions including the Reward Program Terms and Conditions, available at: https://www.schlotzskys.com/legal.

The approximate retail value (“ARV”) of each Prize is $416.00 with a total ARV for all Prizes of 41,600.00.

Actual odds of winning for Drawing 1 and for Drawing 2 depend on the number of eligible entries received for each Drawing. Entrants are only eligible for one (1) Prize.

GENERAL PRIZE CONDITIONS: Prizes will be awarded only if each potential prize winner fully complies with these Official Rules. All portions of the prizes are non-assignable and non-transferable. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Sweepstakes materials are for illustrative purposes only. Actual prizes may vary from the prizes pictured. All details and other restrictions of the prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. No cash alternative or substitution of the prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize listed is unavailable, in whole or in part, for any reason. Each prize winner 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. Sponsor may, in its sole discretion, deduct or withhold the amount of applicable tax on any cash or cash equivalent prize. The Sponsor will issue and file an IRS Form 1099 or equivalent tax withholding documentation for the retail value of any prize or other items of value transferred to each prize winner by the Sponsor in accordance with IRS requirements, and the Sponsor may also share such documentation with a state or local government agency as required by law. Refusal or failure of each prize winner to satisfy the requirements of all necessary and appropriate tax, withholding or other required compliance terms (including Social Security number, IRS Form W­8BEN, IRS Form W­9, or equivalent information), as determined by the Sponsor in its sole discretion, may result in each prize winner forfeiting the prizes and an alternate potential winner may be selected in accordance with these Official Rules. Sponsor will award prizes subject to any applicable withholding taxes, and the amount of the prize transferred, as reduced by any applicable withholding taxes, will constitute full payment of the prize, as applicable. Each potential winner will be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If any potential winner fails or refuses to sign and return all Prize Claim Documents by the deadline specified in the prize notification, the winner may be disqualified and an alternate winner may be selected. Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes.


GENERAL LIABILITY RELEASE/FORCE MAJEURE: Each entrant agrees that Sponsor (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, 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, or any other person’s, computer system which is occasioned by participating in the Sweepstakes, or for any computer system, phone line, 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, Sponsor is not responsible for incomplete, illegible, misdirected 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. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. If a dispute as to the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry may be deemed ineligible. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, windstorm, epidemic, pandemic, public health crisis, disease, virus, sickness or outbreak or other similar or dissimilar natural disaster; act of God or public enemy; riot or civil disturbance, act of any government or governmental authority, power failure, satellite or equipment failure, failure of telecommunications lines or failure or breakdown of plant, machinery or vehicles operated by a third party; labor dispute, strike, or lockout; actual or threat of war, armed conflict, terrorist attacks, war (declared, undeclared or threatened), explosion, nuclear, or chemical or biological contamination; or a government imposed travel ban, restriction on movement or gatherings, or other government imposed mandate of any kind, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor reserves the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor may (if possible) select the winners in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable or illegal, these Official 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.


ARBITRATION PROVISION: By participating in this Sweepstakes, each entrant (and any minor entrant’s parent or legal guardian) agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Promotion Entities relating to, arising out of or connected in any way with (a) the Sweepstakes, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Atlanta, Georgia; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Sweepstakes; (v) the arbitrator shall apply Georgia law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) if the entrant 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 entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of 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, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute.  For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.

SOCIAL NETWORK RELEASE AND DISCLAIMER. Each entrant acknowledges and agrees that this Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook. By entering the Promotion, each entrant is providing information to the Promotion Entities and not to Instagram or Facebook. By entering the Promotion each entrant hereby releases and agrees to hold harmless Instagram or Facebook completely from any liability in respect of the Promotion. Any questions, comments or complaints regarding the Promotion will be directed to the Promotion Entities and not Instagram or Facebook. By participating via the Instagram or Facebook platform, entrants are also subject to Instagram or Facebook’s privacy policies and terms of service.

WINNERS LIST/OFFICIAL RULES: To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: Schlotzsky’s “Original Sandwichers” Sweepstakes Winners List, Schlotzsky’s Marketing Department, 5620 Glenridge Drive NE, Atlanta, GA 30342. All such requests must be received within six (6) weeks after the end of the Promotion Period. These Official Rules will be posted on the Website during the Promotion Period.

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