JARED 245.com SWEEPSTAKES OFFICIAL RULES
No purchase
necessary to enter or win.
1. ELIGIBILITY: Open to participants entering online through the Jared 245
blog. Entrants must be legal residents of the fifty United States or the
2. HERE'S HOW TO ENTER: You may enter the Sweepstakes beginning on Monday, 5, 2009
at [9 a.m. Central Time ("CT") ] until Tuesday, June 30, 2009 at 11:59 pm CT
("Sweepstakes Period") by visiting Jared2545.com
(the "Site") posting your own story in 200 words or less (a "Submission") and entering required information, including email address.
To be eligible for the random drawings, posts/entries must be received by 11:59
p.m. CT on Tuesday, June 30, 2009.
Entries generated by script, macro or other automated or mechanical
means are void. All entries become the
property of Sponsor and will not be acknowledged or returned. Limit one (1) entry pre person, per email
address throughout the Sweepstakes Period.
3. RANDOM DRAWING: The potential winner
will be selected in a random drawing approximately one (1) week after the
conclusion of the Sweepstakes Period from among all eligible entries
received. All decisions made by Sponsor
and/or Promoter are final and binding.
Odds of winning will depend upon the number of eligible entries
received.
4. WINNER NOTIFICATION: The Potential winner will be notified within one week after
the random drawing. The Potential winner will be notified by e-mail and
required to respond to such email notification within seven (7) days from the
date of such e-mail notification. Additionally, the potential winner may also
be required to execute and return an Affidavit of Eligibility, Release of
Liability and, unless prohibited by law, a Publicity Release within fourteen
(14) days of date of issuance. If potential winner is considered a minor is
his/her jurisdiction of residence, Affidavit/Liability/Publicity Release must
be signed by his/her parent or legal guardian and such prize will be delivered
to minor's parent/legal guardian and awarded in the name of parent/legal
guardian. In the event that any e-mail,
notification or other correspondence to a potential winner is returned as
undeliverable or a response is not received within the specified time period,
prize may be forfeited and, at Sponsor's discretion, an
alternate winner may be selected. Released Parties (as defined below) are not
liable for: (i) failed, returned or misdirected notification; or (ii) entries
and responses to email, winner notifications or other correspondence which are
lost, late, incorrectly completed, incomplete, illegible, unintelligible,
garbled, inaccurate, misdirected, damaged, delayed or otherwise not received by
the intended recipient in whole or in part or (iii) for any human, computer, or
technical error of any kind. If potential winner cannot be contacted within
seven (7) days of first notification attempt, if any prize or prize
notification is returned as undeliverable, if potential winner rejected his/her
prize or in the event of noncompliance with these Official Rules, such prize
will be forfeited and an
alternate winner will be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will
be given.
5. PRIZES & APPROXIMATE RETAIL VALUES (ARVs): One (1) winner will be selected to receive a prize
consisting of Six Hundred Dollars (USD $600.00), which may be used towards a
health club membership in or near winner's community. Winner is responsible for all costs and
expenses associated with the acceptance and use of the prize not specified
herein. Total ARV of each prize is USD $600.00. Prizes are awarded "as
is" with no warranty or guarantee, either express or implied by Sponsor.
Prizes are not transferable, redeemable for cash or substitutable except by
Sponsor, who reserves the right to substitute a prize (or portion thereof) of
comparable or greater value, at its sole discretion. Winner shall be solely
responsible for all taxes (including federal, state and local taxes) and any
other costs and expenses associated with the acceptance and use of a prize not
specified in these Official Rules as being awarded, including without
limitation any fees and dues relating to a health club membership. All prize
details are at Sponsor's sole
discretion. A 1099 form will be issued to the winner and must be returned
promptly to Sponsor.
6. GENERAL RULES AND SUBMISSION REQUIREMENTS:
By
uploading your Submission, you agree that your Submission conforms to the
Submission Guidelines and Content Restrictions as defined below (collectively,
the "Guidelines and Restrictions") and that Sponsor or Promoter, in their sole
discretion, may remove your Submission and disqualify you from the Sweepstakes
if they believe, in their sole discretion, that your Submission fails to
conform to the Guidelines and Restrictions.
·
The Submission must be in English;
·
The Submission must be your original work;
·
The Submission must be three hundred (300) words
or fewer in length;
·
The Submission cannot have been submitted
previously in a promotion of any kind or exhibited or displayed for financial
gain. Sponsor assumes no responsibility
for disputes between persons claiming authorship of the Submission.
·
The Submission must not contain material that
violates or infringes another's rights, living or deceased, including but not
limited to privacy, publicity or intellectual property rights, or that
constitutes copyright infringement;
·
The Submission must not disparage Sponsor, Promoter
or any other person or party affiliated with the promotion and administration
of this Contest;
·
The Submission must not disparage any brand names
or trademarks;
·
The Submission must not contain any brand names
or trademarks, other than Subway's mark, for which entrant has a limited
license to use for the sole purposes of creating and uploading a Submission
into this Contest;
·
The Submission must not contain material that is
inappropriate, indecent, obscene hateful, tortuous,
defamatory, slanderous or libelous (as determined by Sponsor in its sole
discretion);
·
The Submission must be suitable for publication
in a public forum (as determined by Sponsor in its sole discretion), may not
contain profanity, threats of physical violence, or material that is unlawful,
in violation of or contrary to the laws or regulations in any jurisdiction
where Submission is created.
Acceptance of prize constitutes permission for the Sponsor
and its designees to use winner's name, city and state of residence and/or
likeness for purposes of advertising and trade in any and all media now or
hereafter known throughout the world in perpetuity, without further
compensation, notification or permission, unless prohibited by law. By
participating, entrants agree to: (i) be bound by these Official Rules and the
decisions of the Sponsor and /or Promoter, which are final and binding in all
matters; and (ii) release, discharge and hold harmless Sponsor, Promoter, Doctor's
Associates Inc., Subway restaurants and each of their respective parents,
subsidiaries, affiliates, retailers and advertising and promotion agencies, and
their respective officers, directors, shareholders, employees, agents,
attorneys and representatives (collectively, the "Released Parties")
from any and all claims and liability whatsoever for any injuries, losses or
damages of any kind relating to the acceptance, possession or use of prize
(including any travel or activity related thereto) or participation in the
Sweepstakes. In the event of a dispute as to identity of an online entrant,
online entries will be deemed made by the authorized account holder of the
e-mail address from which the entry was submitted and such person will be
responsible for complying with all requirements set forth herein.
"Authorized account holder" is defined as the natural person who is
assigned to an email address by an Internet access provider. Released Parties
are not responsible for lost, late, incomplete, inaccurate, stolen,
misdirected, undelivered, garbled, illegible or postage-due mail, entries or
e-mail; or for lost, interrupted or unavailable network, server, Internet
Service Provider (ISP), website, or other connections, availability or
accessibility or miscommunications or failed computer, satellite, telephone or
cable transmissions, lines, or technical failure or jumbled, scrambled,
delayed, or misdirected transmissions or computer hardware or software malfunctions,
failures or difficulties, or other errors or malfunctions of any kind whether
human, mechanical, electronic, computer, network, typographical, printing or
otherwise relating to or in connection with the Sweepstakes, including, without
limitation, errors or malfunctions which may occur in connection with the
administration of the Sweepstakes, the processing of entries, the announcement
of the prizes or in any Sweepstakes-related materials. Released Parties are
also not responsible for any incorrect or inaccurate information, whether
caused by Site users, tampering, hacking, or by any equipment or programming
associated with or utilized in the Sweepstakes. Released Parties are not
responsible for injury or damage to entrants' or to any other person's computer
related to or resulting from participating in these Sweepstakes or downloading
materials from or use of the Site. Persons who tamper with or abuse any aspect
of the Sweepstakes or Site or who are in violation of these Official Rules, as
solely determined by Sponsor, will be disqualified and their entries void. If,
in the Sponsor's opinion, there is any suspected or actual evidence of
tampering with any portion of the Sweepstakes, or if technical difficulties,
virus, bugs or other causes compromise the integrity of the Sweepstakes, the Sponsor
and/or Promoter reserve the right to modify, suspend or terminate the
Sweepstakes and, if terminated, at their sole discretion, conduct a random
drawing to award the prizes using all eligible, non-suspect entries received as
of the date of termination.
7. CONDITIONS OF PARTICIPATION: As a condition of participating, entrant agrees that: (i)
under no circumstances will entrant be permitted to obtain awards for, and
entrant hereby waives all rights to claim punitive, incidental, consequential,
or any other damages, (ii) all causes of action arising out of or connected
with this Sweepstakes, or any compensation or credit to be provided, shall be
resolved individually, without resort to any form of class action; and (iii)
any and all claims, judgments, and award shall be limited to actual out of
pocket costs incurred, if any, and in no event shall entrant be entitled to
receive attorneys'
fees or other legal costs. These Sweepstakes shall be governed by Illinois substantive and procedural law,
without giving effect to any choice of law or conflicts of laws rules or
provisions (whether of the State of Illinois) or any other jurisdiction), that
would cause the application of the laws of any jurisdiction other than the State
of Illinois. By participating in these Sweepstakes, entrants irrevocably
consent that
8. DATA COLLECTION: Information submitted in connection with the Sweepstakes
will be treated in accordance with these Official Rules and Sponsor's Privacy
Policy (as may be amended from time to time), currently located at www.jared245.com
and www.subwayfreshbuzz.com respectively, provided, that in the event of any
conflict between these Official Rules and such Privacy Policy, the terms and
conditions of these Official Rules shall prevail.
9. COPYRIGHT ACT AGENT:
We respect the intellectual property rights of others, and require that the
people who use the Site do the same. If you believe that your work has been
copied in a way that constitutes copyright infringement, please forward the
following information to the Copyright Agent named below:
• Your address, telephone number, and email
address;
• A description of the copyrighted work that
you claim has been infringed;
• A description of where the alleged infringing
material is located;
• A statement by you that you have a good faith
belief that the disputed use is not authorized by you, the copyright owner, its
agent, or the law;
• An electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you, made under penalty of
perjury, that the above information in your Notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner's behalf.
Copyright
Agent:
Subway
Franchisee Advertising Fund Trust, Attn: Legal
488
Wheelers
E-Mail:
CopyrightSFAFT@sfaft.org
10. NAMES OF
WINNERS/RULES: The names of the winners
and/or a copy of these Official Rules may be obtained by mailing a
self-addressed, stamped (#10) envelope to: "Jared 245 Program",
Sponsor: Subway Franchisee Advertising
Fund Trust Ltd., 488 Wheelers
Promoter: Zócalo Group,
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