terms and conditions
THE SERIOUS SANDWICHERS PROMOTION
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 “Serious Sandwichers” Promotion (the“Promotion”) begins on or about June 6, 2022, at 12:01 a.m. Eastern Time (“ET”) and ends on August 28, 2022, at 11:59 p.m. ET (the “Promotion Period”). During the Promotion Period a series of up to three (3) independent Drawings (each, a “Drawing”) are scheduled to take place. During the “Entry Period” (as defined below) for each Drawing, eligible entrants will have two (2) ways to enter an applicable Drawing(i) by completing an order through the Schlotzsky's App while logged into a Schlotzsky’s Rewards account (an “Account”); or (ii) by liking the “Drawing Post” for the appliable Drawing and making a “Comment” (as such terms are hereinafter defined) that tags three (3) friends in the applicable Drawing Post. Entry in the Promotion does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Promotion, 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 AL, AZ, AR, CO, GA, IL, KS, KY, LA, MI, MS, MO, NE, NV, NM, NC, ND, OH, OK, OR, SC, TN, TX, WI, WY 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. 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 Promotion or win a prize. This Promotion is void where prohibited.
TO ENTER: During the Promotion Period, a series of Drawings is scheduled to take place in accordance with the schedule in the table below. The entry period for each Drawing begins at 12:01 a.m. and ends at 11:59 p.m. on the dates set forth in the table below (the “Entry Period”).
Drawing | Entry Period |
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Drawing #1 |
Begins: June 6, 2022 Ends: June 30, 2022 |
Drawing #2 |
Begins: July 1, 2022 Ends: July 31, 2022 |
Drawing #3 |
Begins: August 1, 2022 Ends: August 28, 2022 |
There are two ways to enter each Drawing during an applicable Entry Period:
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Completing an Order through the Schlotzsky’s App. During an Entry Period for an applicable Drawing, eligible entrants can use the Schlotzsky’s App to place an order at participating Schlotzsky's stores while logged into the entrant’s Schlotzky’s Account. Once the order is completed through the App while logged into the Account, eligible entrants will be automatically entered into the Drawing that corresponds to the applicable Entry Period. Each order completed through the app provides the entrant with one (1) entry into the applicable Drawing. A free Schlotzsky’s Rewards Account is required to enter the Promotion using this method of entry. If an entrant does not have an Account, entrants can create one for free at: https://www.schlotzskys.com/rewards. Entrant’s use of the Account is subject to the Schlotzky’s Rewards Rules, available at: https://www.schlotzskys.com/rewards/terms.
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Liking and Commenting on a Drawing Post. At the beginning of each applicable Entry Period, Sponsor will publish a post on the Schlotzsky’s Facebook and Instagram accounts (https://www.facebook.com/Schlotzskys ,https://www.instagram.com/schlotzskys) announcing a Drawing and inviting entrants to enter the applicable Drawing (each, a “Drawing Post”). To enter, eligible entrants must complete the following steps during the applicable Entry 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 three (3) friends (each, a “Comment”). Upon completing the required steps, Entrants will receive one (1) entry into the applicable Drawing. 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. Each entrant’s social media account must be public to enter the Promotion; and (iii) 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 and https://www.instagram.com/about/legal/terms/before-january-19-2013/.
Two (2) entries per Drawing eligible entrant regardless of the method of entry. All entries must be received by the end of the applicable Entry Period Drawing in order to participate. Entrants can only win one (1) time during the Promotion Period. Entries that are not selected as winners will be rolled over to be considered in the next Drawing. If a previous winner is randomly selected again, the winner must forfeit the second prize and a new winner will be randomly selected. Sponsor’s clock will be the official time-keeper for this Promotion. Proof of a completed order, proof of posting, 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 Promotion will be used only to administer the Promotion, 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 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: At the end of each Entry Period potential winners for each Drawing will be randomly selected in a drawing from all eligible entries received throughout the applicable Entry 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 Facebook or Instagram 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. One hundred (100) prizes are available in the Promotion. In each Drawing, the following quantities of prizes are available:
Drawing | Number of Prizes Available | Total Approximate Retail Value (“ARV”) |
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Drawing #1 | 25 | $10,400 |
Drawing #2 | 50 | $20,800 |
Drawing #3 | 25 | $10,400 |
Each prize consists of Schlotzsky’s Rewards credits good for one (1) free small Schlotzsky’s sandwich (the “Credits”) per week for 52 consecutive weeks. The Credits will be delivered to each winner’s Account on a weekly basis on Sunday. Each Credit will expire on the following Saturday at approximately 11:59 pm local time. Winners must use the Schlotzsky's app to redeem their Credits. If a winner does not have an Account or the Schlotzsky’s app, the winner will need to download the app or create a free Account with Schlotzsky's to claim and redeem the prize. The total approximate retail value (“ARV”) of each prize is eight dollars ($416). 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.
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 Promotion 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 Promotion. 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.
WARRANTIES/INDEMNIFICATION. 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 Promotion.
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 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 Promotion and Promotion Entities.
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 Promotion or any Promotion-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 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. 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 Promotion 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 Promotion, 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 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 Sponsor’s 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. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Promotion 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 Promotion. If the Promotion 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
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 PROMOTION 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 Promotion, each Entrant 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 Promotion, (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 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 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 Promotion is in no way sponsored, endorsed or administered by, or affiliated with Facebook or Instagram. By entering the Promotion each entrant (and any minor entrant’s parent or legal guardian) hereby releases and agrees to hold harmless Facebook and Instagram 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 Facebook or Instagram.
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 Serious Sandwichers” Promotion 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 Promotion Period.