Schlotzsky’s® “Scratch, Match & Win” Sweepstakes
The following constitutes the Official Rules for the Schlotzsky’s® “Scratch, Match & Win” 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, VERMONT, PUERTO RICO AND US TERRITORIES AND POSSESSIONS) WHO ARE AT LEAST 13 YEARS OF AGE. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. INTERNET ACCESS REQUIRED.
The Schlotzsky’s® “Scratch, Match & Win” Sweepstakes (the “Promotion”) commences at 12:00:01 AM Eastern Standard Time (“ET”) on September 29, 2014, and ends at 11:59:59 PM ET on January 5, 2015 (the “Promotion Period”). All entries must be received by 11:59:59 PM ET on January 5, 2015.
Administrator & Sponsor.The Promotion is administered by Punchh, Inc. (“Administrator”) and sponsored by Schlotzsky’s Franchise LLC (“Schlotzsky’s” or “Sponsor”).
The Promotion is only open to legal residents of the United States and the District of Columbia (excluding residents of New York, Rhode Island, Vermont, Puerto Rico and US territories and possessions). You must be at least thirteen (13) 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 5-digit game code (“Game Code”) with which participants can (i) play the Schlotzsky’s® Scratch, Match & Win game (“Game”) available through the Schlotzsky’s® Lotz4Me™ app, or (ii) enter the Promotion via the Schlotzsky’s® Lotz4Me™ web portal (available at http://www.schlotzskys.com/lotz4me-guest-rewards). A participant can obtain a Game Code as follows, while supplies last:
By visiting a Schlotzsky’s® restaurant and purchasing a 32-ounce Scratch, Match & Win beverage cup (“Cup”), while supplies last. Printed on each Cup will be a Game Code.
By mailing a legibly handwritten, self-addressed, stamped envelope (“SASE”) with sufficient postage and a return address, including first and last name, street address, city, state, and ZIP code to: Schlotzsky’s® “Scratch, Match & Win” Sweepstakes, 11401 Century Oaks Terrace, Suite 400, Austin, Texas, 78758. DO NOT SEND ANY COMMENTS OR QUESTIONS TO THIS ADDRESS. One (1) Game Code will be mailed in response to each mail-in request that complies with the requirements of these Official Rules, while supplies last. Mail-in requests, including both outer envelope and SASE, must be handwritten. Outer envelope must include a return address in the upper left hand corner that matches the requestor’s street address, and must be postmarked no sooner than September 22, 2014 and received by Sponsor no later than December 21, 2014. Each request must be mailed in a separate stamped outer mailing envelope. Requests that are sent in business reply envelopes, that utilize address labels or stickers (for any address), that are photocopied, hand-stamped, computer-generated or otherwise mechanically or digitally produced or reproduced, that are not mailed in separate outer stamped mailing envelopes, or that otherwise fail to comply with these Official Rules, will NOT be honored, acknowledged or returned, and the persons submitting such requests will forfeit any corresponding postage and unused envelopes.
How to Enter.
Once a participant obtains a Game Code, he/she can enter to win in one of two ways:
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 to play the Game. The Game is a virtual game in which players are shown eight game tiles and can choose two to “scratch” and reveal underlying images; if the player “scratches” two matching images, the player is a winner and will be immediately notified and will receive a prize as described below.
By visiting http://www.schlotzskys.com/lotz4me-guest-rewards, entering necessary information to become a Lotz4Me™ member, and following the provided instructions for entering participant’s Game Code. Once the Game Code is submitted, winners will be selected at random. Participant will be immediately notified if he/she is a winner and if he/she is a winner, he/she will receive a prize as described below.
General Entry Conditions.
Entries limited to one (1) entry per participant per twelve (12) 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.
Promotion prizes are randomly seeded; however, the probability of winning one Prize may be higher than the probability of winning another Prize. During the Promotion, there will be approximately 57,125 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 immediately upon winning. 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. If Winner is a minor in his or her state of residence, the prize will be awarded to the minor's parent or legal guardian and the parent or legal guardian will be required to complete, sign and return the Affidavit and Release within the same time period outlined above. At Sponsor’s discretion, Winners may be required to produce 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.
Approximately 57,125 prizes will be awarded in connection with this Promotion (each, a “Prize”) as follows. Promotion prizes are randomly seeded but if a participant is selected as a Winner, he/she may be more likely to win one type of Prize than another type of Prize. Prizes will be awarded via the Winner’s Lotz4Me™ account.*
“ARV” = Approximate Retail Value
|Prize||Approximate Number Awarded||ARV per Prize||Total ARV for each Prize|
|One (1) Free Schlotzsky’s® Cookie||30,646||$0.49||$15,016.54|
|One (1) Free Schlotzsky’s® Chips||12,258||$1.29||$15,812.82|
|One (1) Free Schlotzsky’s® Beverage (32-ounce)||12,136||$1.99||$24,150.64|
|One (1) Free Schlotzsky’s® ‘Pick 2’ Meal Combo||1,022||$7.99||$8,165.78|
|One (1) Free Schlotzsky’s® The Original® Sandwich (size small)||1,022||$4.49||$4,588.78|
|Free Schlotzsky’s® for a Year (one (1) The Original® sandwich (size small) per week, for fifty two (52) consecutive weeks)||41||$233.48||$9,572.68|
Total ARV for all Promotion Prizes: $77,307.24
* Prize(s) won will be available under the “News & Offers” tab in the Winner’s Lotz4Me™ account. All Prizes are valid for thirty (30) days from the day Prize is awarded. Please see Prize offer for additional details.
Prize Limitations and Conditions.
Prizes may not be substituted for cash. All prizes under this Promotion are awarded "AS IS". Neither Sponsor nor Administrator make or offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Promotion or any prize. 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 cash redemption, substitution or extension except at Sponsor's sole discretion. Federal, state, or local taxes on prizes, if any, and any other costs, fees or expenses not listed above are the sole responsibility of each Winner. 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. Gift cards are subject to the limitations, terms and conditions of the issuer, including expiration date or additional service fees. If any Winner is an otherwise eligible minor, the prize will be awarded in the name of his or her parent or legal guardian who will be responsible for fulfilling all requirements imposed on Winners as set forth herein.
Publicity & Marketing.
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.
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 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.
Request for Names of Prize Winners and Official Rules.
For a list of Winners and/or a copy of these Official Rules, send a self-addressed stamped envelope to: Schlotzsky’s® “Scratch, Match & Win” Sweepstakes, Attn: Tiffany Disher, 11401 Century Oaks Terrace, Suite 400, Austin, Texas, 78758. All requests for a copy of the Official Rules and the names of Winners must be made by January 21, 2015. Please note on the front left-hand corner of your outer envelope whether you are requesting “Official Rules” or “Prize Winners.”