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AUNTIE ANNE’S NATIONAL AUNTIE DAY SWEEPSTAKES SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
- DESCRIPTION: The “Auntie Anne’s National Auntie Day” Sweepstakes (the “Sweepstakes”) begins on or about July 26, 2022, at approximately 9:00 am Eastern Time (“ET”) and ends on July 26, 2022 at approximately 4:59 pm ET (the “Sweepstakes Period”). To enter, eligible entrants must: post an original video that complies with the “Submission Guidelines” (defined below) to their Twitter, Instagram, TikTok or Facebook account or post an original post or a comment on Sponsor’s post. If entrant submits a Video Submission (defined below), entrant will be entered into Sponsor’s National Auntie Day Contest (the “Contest”). By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Auntie Anne’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 or older at the time of entry, who have a free Twitter, Facebook, Instagram, TikTok account, and a free Cash App account. Officers, directors and employees of Sponsor, Block, Inc. and each of their 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 “Sweepstakes 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. If an entrant does not have a Cash App account, the entrant can create one for free at https://cash.app/. Use of the Cash App service is subject to the Cash App Terms of Service (https://cash.app/legal/us/en-us/tos) and Privacy Notice (https://cash.app/legal/us/en-us/privacy). A free Facebook, Instagram, Twitter, or TikTok account is required if you choose to enter the Sweepstakes by making a post. To sign up for Facebook, go to www.facebook.com. Use of Facebook will be subject to Facebook’s privacy policy and terms of service, which are available at: https://www.facebook.com/policy.php and https://www.facebook.com/terms.php. To sign up for Instagram, go to www.instagram.com. Use of the Instagram service will be subject to Instagram’s data policy and terms of use, which are available at: https://help.instagram.com/155833707900388 and https://help.instagram.com/581066165581870?ref=dp To sign up for Twitter, go to www.twitter.com. Use of Twitter 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. To sign up for TikTok, go to www.tiktok.com. Use of TikTok will be subject to TikTok’s privacy policy and terms of service, which are available at: https://www.tiktok.com/legal/privacy-policy?lang=en and https://www.tiktok.com/legal/terms-of-use?lang=en. This Sweepstakes is not sponsored, endorsed, administered by, or affiliated with: Facebook, Instagram, Twitter, or TikTok.
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HOW TO ENTER: There are three (3) ways to enter this Sweepstakes:
- a. Posting a Video: To enter, eligible entrants must: (i) create an original video that describes how the entrant will use the prize money; (ii) post the video on the entrant’s Twitter, Instagram, TikTok, or Facebook account or by posting the video as a comment on Sponsor’s post announcing the Sweepstakes, and using the hashtags #NationalAuntieAnnesDay and #entry; (iii) tag the Sponsor’s social media accounts (@auntieannespretzels on Instagram, @auntieannes on Twitter, @auntieannespretzels on Facebook, and @auntieannes on TikTok, collectively the “Sponsor Accounts; and (iv) include Entrant’s $CashTag handle (each, a “Video Submission”). Upon completing the required steps, Entrants will receive one (1) entry into the Sweepstakes. The Video Submission must meet the following “Video Submission Requirements”: (i) other than music obtained through the social media service, the Video Submission 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) only the entrant should appear in the Video Submission, but if anyone other than the entrant appears in the Video Submission, the entrant must obtain written permission from that person or those people to include them in the video and for Sponsor to exercise the rights in Section 7 of these Official Rules, and if Sponsor asks to see the written permissions, the entrant must provide them upon request (in the event an entrant cannot provide permissions that are satisfactory to Sponsor, in its sole and absolute discretion, Sponsor reserves the right to disqualify the applicable Video Submission, or seek to secure the releases and clearances for Sponsor’s own benefit, or otherwise allow the applicable Video Submission to remain in Sweepstakes); (iii) the Video Submission must not include images that are deemed by the Sponsor to be obscene, pornographic, libelous or otherwise objectionable; and (iv) the Video Submission must not include any products from other quick service restaurants or Sponsor’s competitors. Each entrant’s social media account must be public to enter the Sweepstakes. Social media posts must be public to enter the Sweepstakes. Video Submissions must be published as “public posts” to be eligible to enter. Please note: All entrants who submit a Video Submission will be entered into the Sweepstakes. The Official Rules for the Contest can be found here https://www.auntieannes.com/auntieday
- b. Commenting on the Sweepstakes Post: At the beginning of the Sweepstakes Period, Sponsor will publish a post on the Sponsor’s Accounts announcing the Sweepstakes and inviting entrants to enter the Sweepstakes (the “Sweepstakes Post”). To enter, eligible entrants must complete the following steps during the Sweepstakes Period: (i) like or follow the Sponsor’s Accounts account; and (ii) post an original comment on the Sweepstakes Post that that complies with the “Comment Guidelines” below and incorporates the hashtags #NationalAuntieAnnesDay and #entry and includes Entrant’s $CashTag handle (each, a “Comment”). Upon completing the required steps, Entrants will receive one (1) entry into the Sweepstakes. 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; and (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 Sweepstakes.
- c. Posting an Original Post: To enter, eligible entrants must complete the following steps during the Sweepstakes Period: (i) like or follow the Sponsor’s Accounts account; and (ii) post an original post on that complies with the “Post Guidelines” below and incorporates the hashtags #NationalAuntieAnnesDay and #entry and includes Entrant’s $CashTag handle (each, a “Post,” collectively with the Video Submission and Comment, the “Submission”). Upon completing the required steps, Entrants will receive one (1) entry into the Sweepstakes. The Post must meet the following “Post Guidelines”: (i) the Post 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 entrant should either be the only person who appears in the Post or, if anyone else appears in the Post, the entrant must obtain written permission from that person or those people to include them in the video, and if Sponsor asks to see the written permissions, the entrant must provide them upon request (in the event an entrant cannot provide permissions that are satisfactory to Sponsor, in its sole and absolute discretion, Sponsor reserves the right to disqualify the applicable Post, or seek to secure the releases and clearances for Sponsor’s own benefit, or otherwise allow the applicable Post to remain in the Sweepstakes); and (iii) the Post 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 Sweepstakes.
Limit one (1) entry per person, regardless of method of entry. All entries must be received by the
end of the Sweepstakes Period in order to participate. The Sponsor’s database clock will be the official time keeper
for this Sweepstakes. Any personal information collected by Sponsor in connection with the Sweepstakes will be used
in accordance with Sponsor’s privacy policy located at: https://www.auntieannes.com/privacy. Entry must be made by
the entrant, only as described in these Official Rules. 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 entering service sites, will be
declared invalid and disqualified for this Sweepstakes. Tampering with the entry process or the operation of the
Sweepstakes 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 a
Submission cannot be resolved to Sponsor’s satisfaction, the affected Submission will be deemed ineligible. The
Sweepstakes 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 used in the Sweepstakes or by any
technical or human error which may occur in posting videos or processing 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 Sweepstakes Period, the winner(s) will be randomly selected in a drawing from all eligible entries received throughout the Sweepstakes Period. The drawing will be conducted by Sponsor or its designee, using randomization methods selected by Sponsor in its sole discretion. The Winners will be subject to verification and compliance with these Official Rules. The potential winner will be notified by receiving their prize in their Cash App account and/or direct message on the social network used to enter. The Sweepstakes Entities shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. If any potential winner does not respond within the time required by Sponsor, or if the winner notification is returned as unclaimed or undeliverable to any 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 the prize for any reason, such potential winner will be disqualified and the prize may be awarded to an alternate winner. 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 is 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 and thirty-five (135) winners will be selected to receive the
following prizes:
- a. One Hundred (100) Sweepstakes Winners will receive $5.00.
- b. Twenty (20) Sweepstakes Winners will receive $100.00.
- c. Fifteen (15) Sweepstakes Winners will receive $500.00.
The total Approximate Retail Value (“ARV”) for all Sweepstakes Prizes is $10,000.00. All prizes awarded in this Sweepstakes will be provided to the Winners via the Cash App. No alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s).
Many will enter, only one hundred and thirty-five (135) will win. Actual odds of winning depend on the number of eligible entries received. - GENERAL PRIZE CONDITIONS. Prizes will be awarded only if each potential prize winner fully
complies with these Official Rules. The prizes are non-assignable and non-transferable. All details and other
restrictions of the prizes not specified in these Official Rules will be determined by Sponsor in its sole
discretion. 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 may 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 may 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 within the time period specified by Sponsor 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.
- 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 Sweepstakes 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. The Sweepstakes Entities shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which the Sweepstakes Entities deem necessary or desirable, and each entrant irrevocably waives any and all so-called “moral rights” they may have therein. The Sweepstakes Entities 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.
- 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 Sweepstakes Entities to use each winner’s Submission 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, Sweepstakes 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.
- REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. Each entrant 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; (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 agrees to indemnify the Sweepstakes 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.
- CONDITIONS OF PARTICIPATION/RELEASES – IMPORTANT PLEASE READ. By participating in this Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which shall be final in all respects. The Sweepstakes is void where prohibited or restricted by law. All federal, state and local laws and regulations apply. By participating in this Sweepstakes and/or by accepting any prize that they may be awarded, entrants agree to release the Sweepstakes Entities from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Sweepstakes and/or acceptance, use or misuse of the prize. The Sweepstakes Entities shall not be liable for: (i) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible Submission, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of Submission or other materials; (iv) any injuries, losses or damages of any kind caused from participation in the Sweepstakes; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Sweepstakes. The Sweepstakes Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Sweepstakes, and reserve the right, in their sole discretion, to cancel, modify or suspend the Sweepstakes should a virus, bug, computer problem, unauthorized intervention or other causes beyond Sponsor’s control, corrupt the administration, security or proper running of the Sweepstakes. Sponsor may prohibit you from participating in the Sweepstakes if, in its sole discretion, Sponsor determines you are attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair behavior or with the intent to annoy, abuse, threaten or harass any other entrants or Sponsor representatives 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 a Submission cannot be resolved to Sponsor’s satisfaction, the affected Submission 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, natural or man-made epidemic of health of other means, pandemic, 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 Sponsor shall have 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 Submissions 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 hereby acknowledges and agrees that the relationship between the entrant and the Sweepstakes Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Sweepstakes does not place the Sweepstakes 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 Sweepstakes 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 Sweepstakes Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Sweepstakes 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 Sweepstakes 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. The Sweepstakes Entities 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 the Sweepstakes Entities 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/DISPUTES. 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.As a condition of participating in this Sweepstakes, entrants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Sweepstakes, shall be resolved individually through binding arbitration, without resort to any form of class action, in accordance with the arbitration provision set forth below.
- 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 acknowledges and agrees that this Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter, Instagram, Facebook, or TikTok. By entering the Sweepstakes, each entrant is providing information to the Sweepstakes Entities and not to Twitter, Instagram, Facebook, or TikTok. By entering the Sweepstakes each entrant hereby releases and agrees to hold harmless Twitter, Instagram, Facebook, or TikTok completely from any liability in respect of the Sweepstakes. Any questions, comments or complaints regarding the Sweepstakes will be directed to the Sweepstakes Entities and not Twitter, Instagram, Facebook, or TikTok. By participating via the Twitter, Instagram, Facebook, or TikTok platform, entrants are also subject to Twitter, Instagram, Facebook, or TikTok’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: The National Auntie Day Sweepstakes Winners List, Auntie Anne’s Franchisor SPV LLC 5620 Glenridge Drive NE, Atlanta, GA 30342. All such requests must be received within six (6) weeks after the end of the Sweepstakes Period.
AUNTIE ANNE’S NATIONAL AUNTIE DAY CONTEST PROMOTION OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
- DESCRIPTION: The “Auntie Anne’s National Auntie Day” Contest (the “Contest”) begins on or about July 26, 2022, at approximately 9:00 am Eastern Time (“ET”) and ends on July 26, 2022 at approximately 4:59 pm ET (the “Contest Period”). To enter, eligible entrants must: post an original video that complies with the “Submission Guidelines” (defined below) to their Twitter, Instagram, TikTok or Facebook account. Entry in the Contest does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Auntie Anne’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 or older at the time of entry, who have a free Twitter, Facebook, Instagram or TikTok account, and a free Cash App account. Officers, directors and employees of Sponsor, Block, Inc. and each of their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies involved in the Contest (all such individuals and entities collectively referred to herein as the “Contest Entities”), and the immediate family members and/or those residing in the same household of each are ineligible to enter the Contest or win a prize. This Contest is void where prohibited. If an entrant does not have a Cash App account, the entrant can create one for free at https://cash.app/. Use of the Cash App service is subject to the Cash App Terms of Service (https://cash.app/legal/us/en-us/tos) and Privacy Notice (https://cash.app/legal/us/en-us/privacy). A free Facebook, Instagram, Twitter, or TikTok account is required to enter the Contest by making a post. To sign up for Facebook, go to www.facebook.com. Use of Facebook will be subject to Facebook’s privacy policy and terms of service, which are available at: https://www.facebook.com/policy.php and https://www.facebook.com/terms.php. To sign up for Instagram, go to www.instagram.com. Use of the Instagram service will be subject to Instagram’s data policy and terms of use, which are available at: https://help.instagram.com/155833707900388 and https://help.instagram.com/581066165581870?ref=dp To sign up for Twitter, go to www.twitter.com. Use of Twitter 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. To sign up for TikTok, go to www.tiktok.com. Use of TikTok will be subject to TikTok’s privacy policy and terms of service, which are available at: https://www.tiktok.com/legal/privacy-policy?lang=en and https://www.tiktok.com/legal/terms-of-use?lang=en. This Contest is not sponsored, endorsed, administered by, or affiliated with: Facebook, Instagram, Twitter, or TikTok.
- HOW TO ENTER: To enter, eligible entrants must: (i) create an original video that describes how the entrant will use the prize money; (ii) post the video on the entrant’s Twitter, Instagram, TikTok or Facebook account using the hashtags #NationalAuntieAnnesDay and #entry or by posting the video as a comment on Sponsor’s post announcing the Contest; (iii) tag the Sponsor’s social media accounts (@auntieannespretzels on Instagram, @auntieannes on Twitter, @auntieannespretzels on Facebook, and @auntieannes on TikTok, collectively the “Sponsor Accounts”) and (iv) include Entrant’s $CashTag handle (each, a “Submission”). The Submission must meet the following “Submission Requirements”: (i) other than music obtained through the social media service, the Submission 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) only the entrant should appear in the Submission, but if anyone other than the entrant appears in the Submission, the entrant must obtain written permission from that person or those people to include them in the video and for Sponsor to exercise the rights in Section 7 of these Official Rules, and if Sponsor asks to see the written permissions, the entrant must provide them upon request (in the event an entrant cannot provide permissions that are satisfactory to Sponsor, in its sole and absolute discretion, Sponsor reserves the right to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor’s own benefit, or otherwise allow the applicable Submission to remain in Contest); (iii) the Submission must not include images that are deemed by the Sponsor to be obscene, pornographic, libelous or otherwise objectionable; and (iv) the Submissions must not include any products from other quick service restaurants or Sponsor’s competitors. Each entrant’s social media account must be public to enter the Contest. Social media posts must be public to enter the Contest. Submissions must be published as “public posts” to be eligible to enter.
- WINNER SELECTION AND NOTIFICATION: Assuming a sufficient number of eligible Submissions are received, at the end of the Contest Period, a judge or group of judges selected by the Sponsor (in either case, the “Judging Panel”) will review the Submissions that have been received and select eleven (11) winners (each, a “Winner”) based on the following criteria: (i) quality and entertainment value of brand love – showcasing a love of Auntie Anne’s products/brand (50%); (ii) creativity (30%); and (iii) appropriateness of why the money is needed/wanted to the public image of the Contest Entities (20%) (the “Judging Criteria”). The Winner with the highest score based on the Judging Criteria will be the Grand Prize Winner. In the event of a tie, the Submission with the highest score in the “brand love” category will be declared a Winner.
- PRIZES. Eleven (11) prizes are available. Ten (10) Winners will each receive $1,000.00 and one (1) Grand Prize Winner will receive $10,000.00. Total Approximate Retail Value (“ARV”) for all prizes is $20,000.00. All prizes awarded in this Contest will be provided to the Winners via the Cash App. No alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s).
- GENERAL PRIZE CONDITIONS. Prizes will be awarded only if each potential prize winner fully complies with these Official Rules. The prizes are non-assignable and non-transferable. All details and other restrictions of the prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. 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 within the time period specified by Sponsor in the prize notification, the winner may be disqualified and an alternate winner may be selected.
- 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 Contest 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. The Contest Entities shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which the Contest Entities deem necessary or desirable, and each entrant irrevocably waives any and all so-called “moral rights” they may have therein. The Contest Entities 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 Contest.
- 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 Contest Entities to use each winner’s Submission 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 Contest, Contest 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 and each winner hereby releases the Contest Entities from any liability with respect thereto.
- REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. Each entrant 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; (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 agrees to indemnify the Contest 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 Contest.
- CONDITIONS OF PARTICIPATION/RELEASES – IMPORTANT PLEASE READ. By participating in this Contest, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which shall be final in all respects. The Contest is void where prohibited or restricted by law. All federal, state and local laws and regulations apply. By participating in this Contest and/or by accepting any prize that they may be awarded, entrants agree to release the Contest Entities from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Contest and/or acceptance, use or misuse of the prize. The Contest Entities shall not be liable for: (i) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible Submission, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of Submission or other materials; (iv) any injuries, losses or damages of any kind caused from participation in the Contest; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Contest. The Contest Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Contest, and reserve the right, in their sole discretion, to cancel, modify or suspend the Contest should a virus, bug, computer problem, unauthorized intervention or other causes beyond Sponsor’s control, corrupt the administration, security or proper running of the Contest. Sponsor may prohibit you from participating in the Contest if, in its sole discretion, Sponsor determines you are attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair behavior or with the intent to annoy, abuse, threaten or harass any other entrants or Sponsor representatives 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 a Submission cannot be resolved to Sponsor’s satisfaction, the affected Submission may be deemed ineligible. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest 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 Contest 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 Contest 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, pandemic, 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 Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor may (if possible) select the winner from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Only the type and quantity of prizes described in these Official Rules will be awarded. 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 hereby acknowledges and agrees that the relationship between the entrant and the Contest Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Contest does not place the Contest 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 Contest 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 Contest Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Contest 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 Contest Entity’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, 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. The Contest Entities 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 the Contest Entities 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/DISPUTES. 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 CONTEST 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. As a condition of participating in this Contest, entrants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Contest, shall be resolved individually through binding arbitration, without resort to any form of class action, in accordance with the arbitration provision set forth below.
- ARBITRATION PROVISION. By participating in this Contest, each entrant agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Contest Entities relating to, arising out of or connected in any way with (a) the Contest, (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 Contest; (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 acknowledges and agrees that this Contest is in no way sponsored, endorsed or administered by, or associated with Twitter, Instagram, Facebook, or TikTok. By entering the Contest, each entrant is providing information to the Contest Entities and not to Twitter, Instagram, Facebook, or TikTok. By entering the Contest each entrant hereby releases and agrees to hold harmless Twitter, Instagram, Facebook, or TikTok completely from any liability in respect of the Contest. Any questions, comments or complaints regarding the Contest will be directed to the Contest Entities and not Twitter, Instagram, Facebook, or TikTok. By participating via the Twitter, Instagram, Facebook, TikTok platform, entrants are also subject to Twitter, Instagram, Facebook, or TikTok’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: The National Auntie Day Contest Winners List, Auntie Anne’s Franchisor SPV LLC 5620 Glenridge Drive NE, Atlanta, GA 30342. All such requests must be received within six (6) weeks after the end of the Contest Period.
Limit: One (1) Submission per eligible entrant. Submissions must be received by the end of the Contest 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.
Any personal information collected by Sponsor in connection with the Contest will be used in accordance with Sponsor’s privacy policy located at: https://www.auntieannes.com/privacy. Entry must be made by the entrant, only as described in these Official Rules. 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 entering service sites, will be declared invalid and disqualified for this Contest. Tampering with the entry process or the operation of the Contest 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 a Submission cannot be resolved to Sponsor’s satisfaction, the affected Submission will be deemed ineligible. The Contest 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 used in the Contest or by any technical or human error which may occur in posting videos or processing the entries in the Contest. The Contest Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.
The potential winners will be subject to verification and compliance with these Official Rules. The potential winner will be notified by direct message on the social network used to enter and must respond to that message with the requested contact information within 24 hours after the notice was issued. The Contest Entities shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. If any potential winner does not respond within the time required by Sponsor, or if the winner notification is returned as unclaimed or undeliverable to any 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 the prize for any reason, such potential winner will be disqualified and the prize may be awarded to an alternate winner. 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 is still no confirmed winner(s) of such applicable prize after such attempts have been made, if any, such prize may go unawarded.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Contest. 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.