Sweepstakes Rules

PHILLY PRETZEL FACTORY GENERAL CONTEST RULES

SWEEPSTAKES RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE ODDS OF WINNING.

Open to legal residents in the continental United States, who are 18 years of age or older unless otherwise stated herein. Do not enter this giveaway if your primary address is not located in the continental US at the time of entry.

Soft Pretzel Factory Systems, Inc., its subsidiaries, affiliated companies (together, the “Company”), will conduct the Giveaway substantially as described in these general rules, and by participating, each participant agrees as follows:

 

The Company will conduct the Giveaway at several participating franchise locations owned and not owned by the Company, and in various states. For a list of participating stores for each individual giveaway, please call headquarters during normal business hours.

The Giveaway is administered by the Company and any questions, comments or complaints regarding the Giveaway must be directed to the giveaway administrator(s), unless otherwise specified. Entrant(s) acknowledges and understands that any information provided will be used for administering the giveaway and in accordance with our privacy policy located on the website.

 

Description of Giveaway/Participation

Date of Giveaway: The Giveaway start date is May 2, 2023 and ends on June 18, 2023 or while supplies last.

How to Play: Visit any participating Philly Pretzel Factory store between May 2, 2023 and June 18, 2023, to retrieve a physical scratch card and play. Scratch and match three like symbols and win prize shown. A digital game is offered, revealed by digital code, upon scratching the game area. A QR code is provided on the scratch card that directs players to a landing page. Enter the digital code on the scratch card in the form field to see if it’s a winning code. Further messaging is provided to players based on their code.

The Company is not responsible for entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems. Company is not responsible for lost, late, illegible, misdirected, mutilated, postage-due or incomplete entries or mail. Multiple participants are not permitted to share the same email address. Should multiple users of the same e-mail account or mobile phone number, as applicable, enter the Giveaway and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account or mobile phone account at the time of entry will be considered the entrant.  “Authorized account holder” is defined as the natural person who is assigned an e-mail address or mobile phone number by an Internet access provider, on-line service provider, mobile service provider or other organization which is responsible for assigning e-mail addresses, mobile phone numbers or the domain associated with the submitted e-mail address. Proof of submission of an entry shall not be deemed proof of receipt by the website administrator for online entries. When applicable the website administrator’s computer will be deemed the official time keeping device for the Giveaway promotion. Giveaway entries must contain all information requested and must be received on or before the deadline for registration to be deemed valid. All Entries become the property of Company and will not be acknowledged or returned.

 

How to Enter and Winner Selection

Visit any participating Philly Pretzel Factory store between May 2, 2023 and June 18, 2023, to retrieve a physical scratch card and play. Scratch and match three like symbols and win prize shown. A digital game is offered, revealed by digital code, upon scratching the game area. A QR code is provided on the scratch card that directs players to a landing page. Enter the digital code on the scratch card in the form field to see if it’s a winning code. Further messaging is provided to players based on their code. If you have a losing code, the landing page will confirm that you did not win. If you have a winning code, the landing page will take you through prompts to collect your information and award you prize.

Entrant participation and how the winner will be determined is NOT established by Corporate. Instead, it is determined by the scratch card, at random. The Company is not responsible for any change of email address, mailing address and/or telephone number of entrants. Notification is deemed to have occurred immediately upon scratching and/or entering the digital code. The Giveaway/Sweepstakes Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify potential winners or for any late, misdirected, or if the potential winner is a minor, for late, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent.

 

Prize(s): Conditions and restrictions may apply. The prize(s) that may be awarded to the eligible winner(s) are not transferable, redeemable for cash or exchangeable for any other prize. No cash equivalent or substitution of any prize is offered. If a prize, or any portion thereof, cannot be awarded for any reason, Company reserves the right to substitute such prize with another prize of equal or greater value, as determined by the Company in its sole discretion. Winner(s) must present state authorized identification prior to being awarded the prize. If a winner cannot be contacted or is disqualified for any reason, the Company reserves the right to determine an alternate winner or not to award that winner’s prize, in its sole discretion. If the prize is date specific, the winner or winners must be available on the dates specified. If the winner is not available on the specified dates, winner will be disqualified and the Company reserves the right to choose an alternative winner. Prizes that are date specific such as event or concert tickets, Company is not responsible for the cancellation or rescheduling of any event and no substitution or compensation shall be awarded. Company reserves the right to not award the prize associated with that canceled event or concert, without any payment or obligation to the winner or potential winner.

 

Location of seats and tickets are in Company’s sole discretion. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. No more than the advertised number of prizes will be awarded.

 

Prize Conditions and Restrictions: The Prize(s) are subject to certain terms and conditions as specified herein. Winner and guest must comply with all rules and regulations. Failure to do so may result in forfeiture of prize in its entirety. The prize elements will be awarded as described herein (subject to legal restrictions, etc).  If the winner is disqualified or is found to be ineligible for the giveaway, the Company reserves the right to determine an alternate winner or not to award the prize, at its sole discretion. By accepting the prize, the Winner agrees: (i) that all decisions of the Company, judges, and Giveaway Entities with respect to the Giveaway are final and binding; (ii) to release the Company, Franchisees and sponsors and their respective parent companies and affiliates, officers, directors, employees, agents, and licensees from any and all claims in connection with the Giveaway and the award or use of the prizes; (iii) to allow the Company to and sponsors to use their names, voices, photographs, likenesses, biographical material, in any advertising or broadcasting material relating to this giveaway, without additional financial or other compensation; and (iv) where allowed by law, sign a publicity release confirming such consent prior to acceptance of the prize. The Giveaway Entities are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Giveaway Entities’ sole control. All other costs and expenses related to prize acceptance and use not specified in the giveaway’s official rules as being provided are the sole responsibility of the prize winner. Corporate and Franchisees do not make, and are not responsible in any manner for, any warranties, representations, or guarantees, express or implied, in fact or law, relating to any prizes, regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, or fitness for a particular purpose. Corporate or the Franchisee will have no further obligation to winner.

 

Eligibility and Limitations: Participants and winner(s) must be legal residents within the continental US. All giveaway Entrants must be at least 18 years old to be eligible. Employees of the Company and the Franchisee’s are not eligible to participate or win.

 

Tampering and Delivery Disclaimer: (a) The Company, in its sole discretion, reserves the right to disqualify and prohibit from participating any person, who The Company determines (in its sole discretion) is or is attempting to: (i) tamper with The Company’s Website and/or any part of the Giveaway; (ii) attempting to undermine the legitimate operation of the Giveaway by cheating, deception, or other unfair playing practices, (iii) intending to annoy, abuse, threaten or harass any other participants or The Company’s Agents; and/or (iv) otherwise violating these Official Rules or the Terms of Use of The Company’s Website. (b) ANY ATTEMPT TO DELIBERATELY DAMAGE THE COMPANY’S WEBSITE (OR ANY PART THEREOF) OR UNDERMINE THE OPERATION OF THIS GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, THE COMPANY AND ITS LICENSEES (IF ANY) RESERVE THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. EACH ENTRANT (OR, IF THE ENTRANT IS NOT OF AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, THE LEGAL GUARDIANS THEREOF) AGREES TO INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH THE USE THEREOF, AND/OR BY ENTRANT’S BREACHES OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THIS

 

If, in The Company’s opinion, there is any suspected or actual evidence of fraud, electronic or non-electronic tampering or unauthorized intervention with any portion of this Giveaway, or if fraud or technical difficulties of any sort (e.g., computer viruses, bugs) compromise the integrity of the Giveaway, The Company reserves the right to void suspect Entry and/or evaluations and/or terminate the Giveaway and award the Prize in its sole discretion. The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically enter or evaluate repeatedly is prohibited. In the event of a dispute as to the identity of an entrant based on an email address, the entry in question may be disqualified. For all giveaways the Company disclaims all liability for any delays, mis delivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method.  The Company is not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant’s ability to participate in the Giveaway, and any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Giveaway. The Company disclaims all liability for the inability of a participant to complete or continue an SMS/text message due to equipment malfunction, inadvertent disconnections, acts beyond the Company’s control, or otherwise. Corporate and the Franchisees are not responsible for service outages, message failures, transmission delays or any other factor affecting the availability or performance of the text messaging service.  Corporate and the Franchisees further reserve the right to cancel, terminate or modify the giveaway if, in the sole discretion of Corporate and/or the Franchisee, it is impossible or impractical to complete the giveaway as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort. Corporate and/or Franchisees may require, on request, proof of identity. Corporate and the Franchisees reserve the right, in its sole discretion, to disqualify any entry if that entry’s source and sender cannot be reasonably determined.  In the event of termination of the Giveaway by Company, Company reserves the right to award any prize(s) in a manner deemed fair and equitable by Company.  In no event will the type and quantity of prizes awarded exceed the number of prizes described.

 

Publicity; Use of Personal Information: By participating, where allowed by law, all winner(s) grant the Company exclusive permission to use their names, characters, photographs, voices, and likenesses in connection with promotion of this and other giveaways and waive any claims to royalty, right, or remuneration for such use. By participating in the Giveaway, where allowed by law, participants agree that the Company may use such information for marketing/advertising purposes, and may include the names of winners in a publicly available winners’ list. For more information about how the Company will use information collected in connection with this Giveaway, please see Company’s privacy policy located on our website. On occasion participant may have the opportunity to opt-in with carefully selected third parties such as the promotional partners, who may offer you products and services of interest with your expressed consent. In the event that participant has agreed to any available opt in opportunities provided from a third party, that may or may not be associated with this Giveaway, participant understands and acknowledges that information (including participant’s personally identifiable information) provided will be collected independently by Soft Pretzel Factory Systems, Inc (the Company) and the third party providing the opt in opportunity and individually be used by both companies subject to the terms of their respective privacy policies. Any available opt-in opportunities are not required to enter the Giveaway, and consent to opt-in will not improve your chances of winning.

 

Release: By participating in the Giveaway, each participant and winner waives any and all claims of liability against the Company, its employees and agents, the Giveaway’s sponsors and their respective employees and agents, for any personal injury or loss which may occur from the conduct of, or participation in, the Giveaway, or from the award, receipt and/or use or misuse of any prize, including any travel related thereto.

 

Taxes:  Any valuation of the prize(s) stated in the Rules is based on available information provided to the Company, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes related to the prize(s) and paying any expenses associated with any prize(s) which are not specifically provided for in the official rules.

 

Conduct and Decisions: By participating in the Giveaway, participants agree to be bound by the decisions of Company personnel.  Persons who violate any rule, gain unfair advantage in participating in the Giveaway, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. The Company will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Giveaway and the Company’s decisions concerning such disputes shall be final. If the conduct or outcome of the Giveaway is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the Company, the Company reserves the right to terminate this Giveaway, or make such other decisions regarding the outcome as the Company deems appropriate. If, for any reason, more bona fide winners come forward seeking to claim the Prize, the winner may be selected in a random drawing from among all persons making purportedly valid claims for the Prize. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. No more than the advertised number of prizes will be awarded. All decisions will be made by the Company and are final.  The Company may waive or amend any of these rules in its sole discretion. Any reference in these Official Rules or as part of the Giveaway to The Company’s, Franchisee’s and/or Sponsor’s “discretion” and/or any exercise of discretion by Sponsor, Franchisee or the Company shall mean in Company’s, Franchisee’s and/or Sponsor’s “sole and unfettered discretion.” Any attempt by an entrant or any other individual to deliberately circumvent, disrupt, damage or undermine the legitimate operation of this Giveaway is a violation of criminal and civil laws. Should such an attempt be made, the Company reserves the right to seek civil and/or criminal prosecution and/or damages from any such person to the fullest extent permitted by law.

 

Miscellaneous: Making a purchase does not increase odds of winning. The Company may substitute prizes, amend the rules or discontinue the Giveaway at any time as announced at the Store(s) and/or on the Store’s FaceBook page.  The Company disclaims any responsibility to notify participants of any aspect related to the conduct of the Giveaway. All entries become the property of the Company and will not be returned. As a condition of participating in the Giveaway, participants agree (and agree to confirm in writing): (a) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, including but not limited to actual out-of pocket expenses; (b) all causes of action arising out of or connected with this Giveaway, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (c) any and all claims, judgments, and award, excluding attorneys’ fees, court costs and out-of-pocket costs incurred. Participation in the Giveaway constitutes entrant’s full and unconditional agreement to, and acceptance of the Giveaway’s Official Rules. Being awarded a prize, if you are a winner, is contingent upon entrant’s fulfillment of all requirements set forth therein.

 

Compliance with Law: The conduct of the Giveaway is governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein. The Company shall follow the applicable laws for conducting giveaways, including notice to the state attorney general or consumer affairs office, posting of a prize bond, furnishing lists of winners, running specific on-air disclaimers, providing specific written information about the Giveaway, etc. as required by applicable local and state law.

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Sweepstakes Rules

PHILLY PRETZEL FACTORY GENERAL CONTEST RULES

SWEEPSTAKES RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE ODDS OF WINNING.

Open to legal residents in the continental United States, who are 18 years of age or older unless otherwise stated herein. Do not enter this giveaway if your primary address is not located in the continental US at the time of entry.

Soft Pretzel Factory Systems, Inc., its subsidiaries, affiliated companies (together, the “Company”), will conduct the Giveaway substantially as described in these general rules, and by participating, each participant agrees as follows:

 

The Company will conduct the Giveaway at several participating franchise locations owned and not owned by the Company, and in various states. For a list of participating stores for each individual giveaway, please call headquarters during normal business hours.

The Giveaway is administered by the Company and any questions, comments or complaints regarding the Giveaway must be directed to the giveaway administrator(s), unless otherwise specified. Entrant(s) acknowledges and understands that any information provided will be used for administering the giveaway and in accordance with our privacy policy located on the website.

 

Description of Giveaway/Participation

Date of Giveaway: The Giveaway start date is May 2, 2023 and ends on June 18, 2023 or while supplies last.

How to Play: Visit any participating Philly Pretzel Factory store between May 2, 2023 and June 18, 2023, to retrieve a physical scratch card and play. Scratch and match three like symbols and win prize shown. A digital game is offered, revealed by digital code, upon scratching the game area. A QR code is provided on the scratch card that directs players to a landing page. Enter the digital code on the scratch card in the form field to see if it’s a winning code. Further messaging is provided to players based on their code.

The Company is not responsible for entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems. Company is not responsible for lost, late, illegible, misdirected, mutilated, postage-due or incomplete entries or mail. Multiple participants are not permitted to share the same email address. Should multiple users of the same e-mail account or mobile phone number, as applicable, enter the Giveaway and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account or mobile phone account at the time of entry will be considered the entrant.  “Authorized account holder” is defined as the natural person who is assigned an e-mail address or mobile phone number by an Internet access provider, on-line service provider, mobile service provider or other organization which is responsible for assigning e-mail addresses, mobile phone numbers or the domain associated with the submitted e-mail address. Proof of submission of an entry shall not be deemed proof of receipt by the website administrator for online entries. When applicable the website administrator’s computer will be deemed the official time keeping device for the Giveaway promotion. Giveaway entries must contain all information requested and must be received on or before the deadline for registration to be deemed valid. All Entries become the property of Company and will not be acknowledged or returned.

 

How to Enter and Winner Selection

Visit any participating Philly Pretzel Factory store between May 2, 2023 and June 18, 2023, to retrieve a physical scratch card and play. Scratch and match three like symbols and win prize shown. A digital game is offered, revealed by digital code, upon scratching the game area. A QR code is provided on the scratch card that directs players to a landing page. Enter the digital code on the scratch card in the form field to see if it’s a winning code. Further messaging is provided to players based on their code. If you have a losing code, the landing page will confirm that you did not win. If you have a winning code, the landing page will take you through prompts to collect your information and award you prize.

Entrant participation and how the winner will be determined is NOT established by Corporate. Instead, it is determined by the scratch card, at random. The Company is not responsible for any change of email address, mailing address and/or telephone number of entrants. Notification is deemed to have occurred immediately upon scratching and/or entering the digital code. The Giveaway/Sweepstakes Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify potential winners or for any late, misdirected, or if the potential winner is a minor, for late, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent.

 

Prize(s): Conditions and restrictions may apply. The prize(s) that may be awarded to the eligible winner(s) are not transferable, redeemable for cash or exchangeable for any other prize. No cash equivalent or substitution of any prize is offered. If a prize, or any portion thereof, cannot be awarded for any reason, Company reserves the right to substitute such prize with another prize of equal or greater value, as determined by the Company in its sole discretion. Winner(s) must present state authorized identification prior to being awarded the prize. If a winner cannot be contacted or is disqualified for any reason, the Company reserves the right to determine an alternate winner or not to award that winner’s prize, in its sole discretion. If the prize is date specific, the winner or winners must be available on the dates specified. If the winner is not available on the specified dates, winner will be disqualified and the Company reserves the right to choose an alternative winner. Prizes that are date specific such as event or concert tickets, Company is not responsible for the cancellation or rescheduling of any event and no substitution or compensation shall be awarded. Company reserves the right to not award the prize associated with that canceled event or concert, without any payment or obligation to the winner or potential winner.

 

Location of seats and tickets are in Company’s sole discretion. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. No more than the advertised number of prizes will be awarded.

 

Prize Conditions and Restrictions: The Prize(s) are subject to certain terms and conditions as specified herein. Winner and guest must comply with all rules and regulations. Failure to do so may result in forfeiture of prize in its entirety. The prize elements will be awarded as described herein (subject to legal restrictions, etc).  If the winner is disqualified or is found to be ineligible for the giveaway, the Company reserves the right to determine an alternate winner or not to award the prize, at its sole discretion. By accepting the prize, the Winner agrees: (i) that all decisions of the Company, judges, and Giveaway Entities with respect to the Giveaway are final and binding; (ii) to release the Company, Franchisees and sponsors and their respective parent companies and affiliates, officers, directors, employees, agents, and licensees from any and all claims in connection with the Giveaway and the award or use of the prizes; (iii) to allow the Company to and sponsors to use their names, voices, photographs, likenesses, biographical material, in any advertising or broadcasting material relating to this giveaway, without additional financial or other compensation; and (iv) where allowed by law, sign a publicity release confirming such consent prior to acceptance of the prize. The Giveaway Entities are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Giveaway Entities’ sole control. All other costs and expenses related to prize acceptance and use not specified in the giveaway’s official rules as being provided are the sole responsibility of the prize winner. Corporate and Franchisees do not make, and are not responsible in any manner for, any warranties, representations, or guarantees, express or implied, in fact or law, relating to any prizes, regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, or fitness for a particular purpose. Corporate or the Franchisee will have no further obligation to winner.

 

Eligibility and Limitations: Participants and winner(s) must be legal residents within the continental US. All giveaway Entrants must be at least 18 years old to be eligible. Employees of the Company and the Franchisee’s are not eligible to participate or win.

 

Tampering and Delivery Disclaimer: (a) The Company, in its sole discretion, reserves the right to disqualify and prohibit from participating any person, who The Company determines (in its sole discretion) is or is attempting to: (i) tamper with The Company’s Website and/or any part of the Giveaway; (ii) attempting to undermine the legitimate operation of the Giveaway by cheating, deception, or other unfair playing practices, (iii) intending to annoy, abuse, threaten or harass any other participants or The Company’s Agents; and/or (iv) otherwise violating these Official Rules or the Terms of Use of The Company’s Website. (b) ANY ATTEMPT TO DELIBERATELY DAMAGE THE COMPANY’S WEBSITE (OR ANY PART THEREOF) OR UNDERMINE THE OPERATION OF THIS GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, THE COMPANY AND ITS LICENSEES (IF ANY) RESERVE THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. EACH ENTRANT (OR, IF THE ENTRANT IS NOT OF AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, THE LEGAL GUARDIANS THEREOF) AGREES TO INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH THE USE THEREOF, AND/OR BY ENTRANT’S BREACHES OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THIS

 

If, in The Company’s opinion, there is any suspected or actual evidence of fraud, electronic or non-electronic tampering or unauthorized intervention with any portion of this Giveaway, or if fraud or technical difficulties of any sort (e.g., computer viruses, bugs) compromise the integrity of the Giveaway, The Company reserves the right to void suspect Entry and/or evaluations and/or terminate the Giveaway and award the Prize in its sole discretion. The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically enter or evaluate repeatedly is prohibited. In the event of a dispute as to the identity of an entrant based on an email address, the entry in question may be disqualified. For all giveaways the Company disclaims all liability for any delays, mis delivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method.  The Company is not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant’s ability to participate in the Giveaway, and any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Giveaway. The Company disclaims all liability for the inability of a participant to complete or continue an SMS/text message due to equipment malfunction, inadvertent disconnections, acts beyond the Company’s control, or otherwise. Corporate and the Franchisees are not responsible for service outages, message failures, transmission delays or any other factor affecting the availability or performance of the text messaging service.  Corporate and the Franchisees further reserve the right to cancel, terminate or modify the giveaway if, in the sole discretion of Corporate and/or the Franchisee, it is impossible or impractical to complete the giveaway as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort. Corporate and/or Franchisees may require, on request, proof of identity. Corporate and the Franchisees reserve the right, in its sole discretion, to disqualify any entry if that entry’s source and sender cannot be reasonably determined.  In the event of termination of the Giveaway by Company, Company reserves the right to award any prize(s) in a manner deemed fair and equitable by Company.  In no event will the type and quantity of prizes awarded exceed the number of prizes described.

 

Publicity; Use of Personal Information: By participating, where allowed by law, all winner(s) grant the Company exclusive permission to use their names, characters, photographs, voices, and likenesses in connection with promotion of this and other giveaways and waive any claims to royalty, right, or remuneration for such use. By participating in the Giveaway, where allowed by law, participants agree that the Company may use such information for marketing/advertising purposes, and may include the names of winners in a publicly available winners’ list. For more information about how the Company will use information collected in connection with this Giveaway, please see Company’s privacy policy located on our website. On occasion participant may have the opportunity to opt-in with carefully selected third parties such as the promotional partners, who may offer you products and services of interest with your expressed consent. In the event that participant has agreed to any available opt in opportunities provided from a third party, that may or may not be associated with this Giveaway, participant understands and acknowledges that information (including participant’s personally identifiable information) provided will be collected independently by Soft Pretzel Factory Systems, Inc (the Company) and the third party providing the opt in opportunity and individually be used by both companies subject to the terms of their respective privacy policies. Any available opt-in opportunities are not required to enter the Giveaway, and consent to opt-in will not improve your chances of winning.

 

Release: By participating in the Giveaway, each participant and winner waives any and all claims of liability against the Company, its employees and agents, the Giveaway’s sponsors and their respective employees and agents, for any personal injury or loss which may occur from the conduct of, or participation in, the Giveaway, or from the award, receipt and/or use or misuse of any prize, including any travel related thereto.

 

Taxes:  Any valuation of the prize(s) stated in the Rules is based on available information provided to the Company, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes related to the prize(s) and paying any expenses associated with any prize(s) which are not specifically provided for in the official rules.

 

Conduct and Decisions: By participating in the Giveaway, participants agree to be bound by the decisions of Company personnel.  Persons who violate any rule, gain unfair advantage in participating in the Giveaway, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. The Company will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Giveaway and the Company’s decisions concerning such disputes shall be final. If the conduct or outcome of the Giveaway is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the Company, the Company reserves the right to terminate this Giveaway, or make such other decisions regarding the outcome as the Company deems appropriate. If, for any reason, more bona fide winners come forward seeking to claim the Prize, the winner may be selected in a random drawing from among all persons making purportedly valid claims for the Prize. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. No more than the advertised number of prizes will be awarded. All decisions will be made by the Company and are final.  The Company may waive or amend any of these rules in its sole discretion. Any reference in these Official Rules or as part of the Giveaway to The Company’s, Franchisee’s and/or Sponsor’s “discretion” and/or any exercise of discretion by Sponsor, Franchisee or the Company shall mean in Company’s, Franchisee’s and/or Sponsor’s “sole and unfettered discretion.” Any attempt by an entrant or any other individual to deliberately circumvent, disrupt, damage or undermine the legitimate operation of this Giveaway is a violation of criminal and civil laws. Should such an attempt be made, the Company reserves the right to seek civil and/or criminal prosecution and/or damages from any such person to the fullest extent permitted by law.

 

Miscellaneous: Making a purchase does not increase odds of winning. The Company may substitute prizes, amend the rules or discontinue the Giveaway at any time as announced at the Store(s) and/or on the Store’s FaceBook page.  The Company disclaims any responsibility to notify participants of any aspect related to the conduct of the Giveaway. All entries become the property of the Company and will not be returned. As a condition of participating in the Giveaway, participants agree (and agree to confirm in writing): (a) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, including but not limited to actual out-of pocket expenses; (b) all causes of action arising out of or connected with this Giveaway, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (c) any and all claims, judgments, and award, excluding attorneys’ fees, court costs and out-of-pocket costs incurred. Participation in the Giveaway constitutes entrant’s full and unconditional agreement to, and acceptance of the Giveaway’s Official Rules. Being awarded a prize, if you are a winner, is contingent upon entrant’s fulfillment of all requirements set forth therein.

 

Compliance with Law: The conduct of the Giveaway is governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein. The Company shall follow the applicable laws for conducting giveaways, including notice to the state attorney general or consumer affairs office, posting of a prize bond, furnishing lists of winners, running specific on-air disclaimers, providing specific written information about the Giveaway, etc. as required by applicable local and state law.

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