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SCHLOTZSKY’S WFH LUNCH UPGRADE TERMS AND CONDITIONS

The Schlotzsky’s WFH Lunch Upgrade promotion (the “Promotion”) is conducted by Schlotzsky’s Franchisor SPV LLC (“Schlotzsky’s”), on the terms and conditions (the “Terms”) set forth below. By participating in this Promotion, participants agree to be bound by these Terms.

  • No purchase necessary to participate in the Promotion. Void where prohibited. Normal mobile service and data usage charges apply. The Promotion is open to legal residents of the fifty (50) United States and District of Columbia who are at least eighteen (18) years of age at the time of participation. Officers, directors and employees of Schlotzsky’s, and its respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies (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 participate in the Promotion. A free Twitter or Facebook account is required to participate. If you do not have a Twitter account, you can create one for free at www.twitter.com. Use of the Twitter service will be subject to Twitter’s privacy policy and terms of service, which are available at: https://twitter.com/en/privacy and https://twitter.com/en/tos. If you do not have a Facebook account, you can create one for free at www.facebook.com. Use of the Facebook service will be subject to Facebook’s privacy policy and terms of service, which are available at: https://www.facebook.com/privacy/explanation and https://www.facebook.com/legal/terms.

  • The Promotion begins on November 18, 2020 at 9:01 am Eastern Time (“ET”) and ends the earlier of: (i) November 20, 2020 at 5:59 pm ET; or (ii) when the “Promotion Cap” (defined below) is reached (the “Promotion Period”). During the Promotion Period, up to the first five thousand (5,000) participants (the “Promotion Cap”) who tweet to the @Schlotzkys twitter account with (a) an original photo of the participant’s work from home lunch; and (b) the hashtags #wfhlunchupgrade and #entry will receive a direct message containing a redemption code (each, a “Redemption Code”) that can be redeemed for one (1) free small menu sandwich, chips, and a small drink via the Schlotzsky’s mobile application (the “App”) at participating Schlotzsky’s restaurants in the United States. Sandwiches, chips and drinks are subject to availability. Redemption Codes will expire after December 2, 2020 if not activated in the App. Redemption Codes are valid at participating Schlotzsky’s restaurants in the United States for a period of three (3) days after activation in the App or the deadline specified on the Redemption Code, if earlier. Redemption Codes may not be used or combined with any other coupons, discount codes, promotions, or special offers. Redemption Codes that are reproduced, copied, altered, shared, will be void. Tweets or Facebook posts must be public to participate.

Limit one (1) Redemption Code per person per Twitter or Facebook account during the Promotion Period. Schlotzsky’s is not responsible for late, lost, delayed, misdirected, corrupted, or incomplete tweets. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple tweets will be accepted. Schlotzsky’s is not be responsible for incorrect or inaccurate tweet information whether caused 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 text messages in the Promotion. Schlotzsky’s assumes no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of tweets. Personal information collected in connection with the Promotion will be used in accordance with Schlotzsky’s privacy policy located at: https://www.schlotzskys.com/privacy.

Each photo must meet the following “Photo Requirements”: (i) the photo must have been taken by the participant and must not feature or focus on any material owned or controlled by third parties (except to the extent such material appears on the receipt being submitted by a participant); and (ii) the photo must not be obscene, libelous or otherwise objectionable. Any photo that, in Schlotzsky’s discretion, violates the Photo Requirements may be disqualified.

  • No substitution for or transfer of Redemption Codes is permitted. The Redemption Codes have no cash value and Redemption Codes may not be redeemed for cash. Redemption Codes must be activated by December 2, 2012 or the deadline specified on the Redemption Code, if earlier, or the Redemption Codes will expire. Redemption Codes will expire three (3) days after activation if not redeemed at a participating Schlotzsky’s restaurants in the United States. If a participant receives a Redemption Code, the participant is not eligible to receive additional Redemption Codes during the Promotion Period. Any applicable taxes are the sole responsibility of the recipients of the Redemption Codes.

  • Schlotzsky’s reserves the right to implement policies and procedures as may be necessary to enforce compliance with these Terms. Schlotzsky’s reserves the right to modify, extend, suspend, or terminate the Promotion if it determines, in its sole discretion, that the Promotion is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Schlotzsky’s reasonable control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Promotion as contemplated herein.

  • Participants (and any minor participant’s parent or legal guardian) agree that each of Schlotzsky’s, Facebook and Twitter (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 Promotion or any Promotion-related activity, or from participants’ acceptance, receipt, possession and/or use or misuse of any Redemption Code, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any Redemption Code. Schlotzsky’s assumes no responsibility for any damage to a participant’s, or any other person’s, computer which is occasioned by sending a tweet to try to obtain a Redemption Code or otherwise participating in the Promotion, 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.

  • Schlotzsky’s assumes no responsibility for any malfunctions, errors or failures that are human or technical in nature. Without limiting the generality of the foregoing, Schlotzsky’s is not responsible for miscommunications, 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. Schlotzsky’s reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the text message submission process or the operation of the Promotion, to be acting in violation of these Terms, or to be acting in a disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or to annoy, abuse, threaten or harass any other person.

  • ARBITRATION PROVISION: By participating in this Promotion, each participant (and any minor participant’s parent or legal guardian) agrees: (i) that any and all disputes the participant may have with, or claims participant may have against, Schlotzsky’s relating to, arising out of or connected in any way with (a) the Promotion, (b) the awarding or redemption of any Redemption Code, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration conducted 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, Gerogia; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Terms and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Promotion; (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 participant’s and/or Schlotzsky’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 participant or Schlotzsky’s; (viii) if the participant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Schlotzsky’s will pay as much of participant’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 participant nor Schlotzsky’s shall be entitled to arbitrate their dispute. For more information on the rules of JAMS, visit their website at www.jamsadr.com.

  • This Promotion is sponsored by Schlotzsky’s Franchisor SPV LLC, 5620 Glenridge Dr NE, Atlanta, GA 30342. The Promotion is not affiliated with or authorized, endorsed or sponsored by Twitter. Except as otherwise disclosed by Schlotzsky’s, the use of any trade name or trademark of Twitter or any other third party is for identification and reference purposes only and does not imply any association between the trademark owner and Schlotzsky’s.

THE “SCHLOTZSKY’S WFH LUNCH UPGRADE CELEBRITY LUNCH” SWEEPSTAKES OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A purchase will not improve your chances of winning.

PROMOTION DESCRIPTION: The “Schlotzsky’s WFH Lunch Upgrade Celebrity Lunch” Sweepstakes (the “Sweepstakes”) begins on or about November 18, 2020 at 09:01 a.m. Eastern Time (“ET”) and ends on November 20, 2020 at 5:59 p.m. ET (the “Promotion Period”). At the end of the Promotion Period, a random drawing will be conducted to select up to ten (10) winners from among all eligible entries received, 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 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 fifty (50) United States and District of Columbia who are at least eighteen (18) years of age at the time of entry are eligible to enter. Minors must get their parent or legal guardian’s permission to enter. A free Twitter or Facebook account is required to participate. If you do not have a Twitter account, you can create one for free at www.twitter.com . If you do not have a Facebook account, you can create one for free at www.facebook.com. Officers, directors and employees of Sponsor, and its respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies (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 ways to enter the Sweepstakes:

  • By Posting a Photo on Facebook or Twitter. To enter, eligible entrants must tweet to the @Schlotzsky’s twitter account or post to the Schlotzsky’s Facebook page with (a) an original photo of the entrant’s work from home lunch that complies with the “Submission Requirements” (defined below); and (b) the hashtags #wfhlunchupgrade and #entry (each, a “Submission”). By posting a Submission, entrants will receive one (1) entry into the Sweepstakes. The entrant’s Submission must meet the following “Submission Requirements” : (i) the photo must have been taken by the entrant and must not feature or focus on any material owned or controlled by third parties (except to the extent such material appears on the receipt being submitted by a participant); and (ii) the photo must not be obscene, libelous or otherwise objectionable. Any photo that, in Sponsor’s discretion, violates the Photo Requirements may be disqualified. Tweets must be public to enter the Sweepstakes. Submissions must be received by the end of the Sweepstakes Period. No substitutions or new versions of Submissions will be accepted once the original Submission is submitted for consideration. Any Submission that is considered by Sponsor in its sole and absolute discretion to violate the Submission Requirements, in whole or in part, may be disqualified and will not be eligible for entry. Use of the Twitter service will be subject to Twitter’s privacy policy and terms of service, which are available at: https://twitter.com/en/privacy and https://twitter.com/en/tos. Use of the Facebook service will be subject to Facebook’s privacy policy and terms of service, which are available at: https://www.facebook.com/privacy/explanation and https://www.facebook.com/legal/terms.

  • Without Posting a Photo. During the Sweepstakes period, send an email to social@schlotzskys.com with your name, age, address, daytime telephone number, and e-mail address. Be sure to write “Schlotzsky’s WFH Lunch Upgrade Celebrity Lunch” in the e-mail subject line. If you send an email that conforms to these requirements, you will receive one (1) entry into the Sweepstakes.

Limit: one (1) entry per eligible entrant regardless of the method of entry. All entries must be received by the end of the Promotion Period in order to participate. Sponsor’s clock will be the official time-keeper for this Sweepstakes. Proof of posting a Submission or sending an email 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 required ‎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 Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes, 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 Sweepstakes or by any technical or human error which may occur in the processing of the entries in the Sweepstakes. The Sweepstakes 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: At the end of the Promotion Period, the winner(s) will be randomly selected in a drawing from all eligible entries received throughout the Promotion Period. The drawing 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 direct message on Twitter and/or e-mail 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 prize 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 winner(s) of an applicable prize in accordance with such procedure, and if there are still no confirmed winner(s) of such applicable prize after such attempts have been made, if any, such prize may go unawarded.

PRIZES/ODDS. Ten (10) prizes are available. Each prize consists of (i) a private virtual lunch with a surprise celebrity guest and the other winners scheduled to take place on December 1, 2020 at 1:00 pm ET; and (ii) containing a redemption code (each, a “Redemption Code”) that can be redeemed for one (1) free small menu sandwich, chips, and a small drink via the Schlotzsky’s mobile application (the “App”) at participating Schlotzsky’s restaurants in the United States. Sandwiches, chips and drinks are subject to availability. Redemption Codes will expire after December 2, 2020 if not activated in the App. Redemption Codes are valid at participating Schlotzsky’s restaurants in the United States for a period of three (3) days after activation in the App or the deadline specified on the Redemption Code, if earlier. Redemption Codes may not be used or combined with any other coupons, discount codes, promotions, or special offers. Redemption Codes that are reproduced, copied, altered, shared, will be void. The total approximate retail value (“ARV”) of each prize is ten dollars ($10). The total ARV of all prizes in the Sweepstakes is one hundred dollars ($100). Odds of winning depend on the number of eligible entries received.

No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason. In the event that the winner cannot participate in the virtual lunch component of the prize, the winner will forfeit that portion of the prize and no other compensation or alternative or substitute prize will be provided.

GENERAL PRIZE CONDITIONS: Prizes will be awarded only if each potential prize winner fully complies with these Official Rules. All portions of the prize(s) 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 prize(s) may vary from the prize(s) pictured. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. No cash alternative or substitution of the prize(s) will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) 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. 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 a winner is under the age of majority in such winner’s state of residence (a “minor”), at Sponsor’s option, the applicable prize either will be awarded in the name of the parent or legal guardian of such minor winner, or the parent or legal guardian of such minor winner will be required to ratify and sign Prize Claim Documents. If any potential winner (or, in the case of a minor, such minor winner’s parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within the time period 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. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

RIGHTS IN SUBMISSIONS. For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant hereby irrevocably grants to the Promotion Entities, and their successors, licensees and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, publicly display, stream, exploit, make derivative works of and otherwise use the Submission, in whole or in part, for any purpose, including without limitation commercial purposes, in any and all media now or hereafter devised throughout the universe in perpetuity. 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 Sponsor shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the Submission Requirements or even it if it determined that the entrant who made the Submission is ineligible to enter the Sweepstakes.

REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. Each entrant (and any minor entrant’s parent or legal guardian) represents and warrants as follows: (i) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; and (ii) the Submission meets the Submission Requirements, and does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant (and any minor entrant’s parent or legal guardian) agrees to indemnify the Promotion Entities and hold them harmless from and against any and all third party claims, liability, judgments, losses, damages, costs, and expenses, including penalties, interest and reasonable outside attorney’s fees and costs in the defense and disposition of such matters arising out of, resulting from, based upon or incurred because of a breach or allegation that, if true, would constitute a breach by entrant of his or her representations, warranties, covenants or obligations hereunder, including, without limitation, any action or statement made by entrant while participating in the Sweepstakes.

PUBLICITY RELEASE. Without in any way limiting the rights granted in the Submission, as set forth above, acceptance of a prize constitutes winner’s permission for the Promotion Entities to use each winner’s Submission (if applicable) and his or her name, social media handle, photograph, likeness, voice, biographical information, statements and address (city and state) in and in connection with advertising, marketing, promotional, and/or publicity purposes for the Sweepstakes, Promotion Entities, and all uses of the Submission permitted herein, worldwide and in all forms of media and by any and all means and media now known or hereafter developed, in perpetuity, without any obligation, notice, or further compensation to the winners.

GENERAL LIABILITY RELEASE/FORCE MAJEURE: Acceptance of a prize constitutes winner’s permission for the Promotion Entities to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Entrants (and any minor entrant’s parent or legal guardian) agree 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 accessing the Website or otherwise 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, misprinted, late, lost, damaged, stolen, or postage-due submissions 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 or the Website, 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 will 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, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winner 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 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.

NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF. Each entrant (and any minor entrant’s parent or legal guardian) hereby acknowledges and agrees that the relationship between the entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission (if applicable) to Sponsor for purposes of the Sweepstakes does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant understands and acknowledges that the Promotion Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, plot, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Promotion Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Promotion Entity’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Sweepstakes, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

NO OBLIGATION TO USE. 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 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.

FURTHER DOCUMENTATION. If Sponsor shall desire to secure additional assignments from the entrant(s), or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor’s request therefor.

GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF GEORGIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.

ARBITRATION PROVISION: By participating in this Sweepstakes, each Entrant agrees: (i) that any and all disputes the Entrant may have with, or claims Entrant may have against, the Sweepstakes 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 (and any minor entrant’s parent or legal guardian) acknowledges and agrees that this Sweepstakes is in no way sponsored, endorsed or administered by, or affiliated with Twitter. By entering the Sweepstakes each entrant (and any minor entrant’s parent or legal guardian) hereby releases and agrees to hold harmless Twitter completely from any liability in respect of the Sweepstakes. Any questions, comments or complaints regarding the Sweepstakes will be directed to the Promotion Entities and not Twitter.

REQUEST FOR NAMES OF PRIZE WINNERS AND OFFICIAL RULES. To obtain a copy of any legally required winners list, send a stamped, self-addressed envelope to: The “Schlotzsky’s WFH Lunch Upgrade Celebrity” Sweepstakes Winner’s List, Schlotzsky’s Franchisor SPV LLC, 5620 Glenridge Dr NE, Atlanta, GA 30342. All such requests must be received within six (6) weeks after the end of the Sweepstakes Period.

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