RITA’S FIRST DAY OF SPRING SWEEPSTAKES (THIS “SWEEPSTAKES”) – OFFICIAL RULES (THE “RULES”)
Entrants will participate in a sweepstakes on the official Rita’s mobile application (the “App”).
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
- Eligibility. Rita’s Franchise Company, LLC (“Sponsor”) is the sponsor of this Sweepstakes. This Sweepstakes is open only to those who are 13 years of age or older as of the date of entry. This Sweepstakes is only open to legal residents of the 50 United States and the District of Columbia and is void where prohibited by law. Sponsor’s employees, affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Affiliated Employees”), and immediate family members (including spouses, children, siblings, parents) and/or those living in the same household of Affiliated Employees are not eligible to participate in this Sweepstakes. Rita’s® franchise owners (“Franchisee(s)”), their employees (“Franchisee Employees”), and immediate family members (including spouses, children, siblings, parents) and/or those living in the same household of Franchisee or Franchisee Employees are not eligible to participate in this Sweepstakes. This Sweepstakes is subject to all applicable federal, state, and local laws and regulations.
- Agreement to Rules. By entering this Sweepstakes (pursuant to Section 4 of these Rules), the entrant (“Entrant”) agrees to be fully unconditionally bound by these Rules, and Entrant represents and warrants that Entrant meets the eligibility requirements. In addition, Entrant agrees to accept the decisions of Sponsor as final and binding as they relate to the content of this Sweepstakes.
- Sweepstakes Period. Entries to this Sweepstakes will be accepted on the App starting at 12:00 am ET on March 13, 2023 and ending at 11:59 pm PT on March 20, 2023 (the “Sweepstakes Period”).
- How to Enter. The Sweepstakes must be entered by, during the Sweepstakes Period, entering the Promo Code “SPRING23” on the “ADD PROMO CODE” tab on the App. To enter, Entrant must (a) have an active Rita’s® Program (the “Loyalty Program”) account, (b) have the App, and (c) enter the Sweepstakes by entering the required information while logged into such account on the App. The entry must fulfill all requirements of this Sweepstakes, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the Rules or specifications may be disqualified at the sole discretion of Sponsor. Each Entrant may enter only one entry. If Entrant uses fraudulent methods or otherwise attempts to circumvent these Rules, such Entrant’s submission may be removed from eligibility at the sole discretion of Sponsor.
- Prizes. The winners of this Sweepstakes (individually and collectively, “Winner(s)”) will each receive free Rita’s® Italian ice for one (1) year in the form of fifty-two (52) Free Small Ice Rewards posted to Winner(s)’ Loyalty Program account (the “Prize”), subject to all rules and restrictions as stated in these Rules and in the Prize. Any portion of the Prize which remains unused before March 23, 2024 will expire on March 23, 2024. In order to redeem and use the Prize, Winner(s) must have the App and an active Loyalty Program account. The approximate retail value of the Prize is $187.72. Please note that approximate retail value of the Prize may vary based on geographical region. The specifics of the Prize shall be solely determined by Sponsor. No cash equivalent available and no other prize substitution shall be permitted except at Sponsor’s discretion. The Prize is nontransferable. Any and all Prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner(s). No substitution of the Prize or transfer/assignment of the Prize to others or request for the cash equivalent of the Prize by any Winner(s) is permitted. Acceptance of the Prize constitutes permission for Rita’s to use each Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
- Odds. The odds of winning depend on the number of eligible entries received.
- Winner Selection and Notification. From the entries, twenty (20) random Entrants will be selected and deemed Winner(s) during the Sweepstakes Period. To be eligible for the Sweepstakes, an Entrant must have an active Loyalty Program account. Entrants Winner(s) will be notified by Sponsor within 3 days following the Sweepstakes Period via the Loyalty Program account associated with Winner(s)’ winning entry. Specifically, Prize will be uploaded to Winner(s)’ Loyalty Program account via the App. Sponsor is not responsible for Winner(s)’ failure to receive notices due to spam or other security settings, the App or for Winner(s)’ provision of incorrect or otherwise non-functioning contact information. If Winner(s) is ineligible, the Prize may be forfeited. Receipt by Winner(s) of the Prize offered in this Sweepstakes is further conditioned upon Winner(s)’ compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER(S) (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN WINNER(S)’ DISQUALIFICATION AS WINNER(S) OF THE SWEEPSTAKES, AND ALL PRIVILEGES AS WINNER(S) WILL BE IMMEDIATELY TERMINATED.
- Terms & Conditions. If for any reason this Sweepstakes is not capable of running or is disrupted as planned by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which in the sole opinion of Sponsor corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend this Sweepstakes and select Winner(s) in accordance with the procedures described above. Sponsor reserves the right, in its sole discretion, to disqualify any Entrant who tampers or attempts to tamper with the entry process or the operation of this Sweepstakes or otherwise violates these Rules, including these Terms & Conditions. Sponsor reserves the right, in its sole discretion, in order to maintain the integrity of this Sweepstakes, to void entries for any reason. Any attempt by an Entrant to deliberately damage any Rita’s® website, or Sponsor’s social media page(s), or undermine the legitimate operation of this Sweepstakes may be a violation of criminal and civil laws. Should such attempt be made, Sponsor reserves the right to seek damages to the fullest extent permitted by law. Entrant agrees that, when participating in this Sweepstakes, Entrant will not engage in any illegal and/or inappropriate activities. Entrant will retain ownership of all intellectual and industrial property rights (including moral rights) in and to the entry. As a condition of participating in this Sweepstakes, Entrant grants Sponsor a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display any entry for any purpose, without any attribution or compensation to Entrant.
- Limitation of Liability. By participating in this Sweepstakes, Entrant (and, if under the age of majority, his/her parent or legal guardian) agrees to release and hold harmless Sponsor, administrator, the Prize suppliers, Franchisees and their respective advertising and promotional agencies, and their respective affiliates, officers, directors, employees, representatives and agents (individually and collectively, the “Released Parties”) from and against any and all liability for any injury, loss, or damage to persons, including death, and/or property, litigation or claim due in whole or in part, directly or indirectly, from: (i) such Entrant’s participation in this Sweepstakes and/or Entrant’s acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or this Sweepstakes; (v) electronic or human error in the administration of this Sweepstakes or the processing of entries.
- Dispute Resolution. Except where prohibited by law, as a condition of participating in this Sweepstakes, Sponsor agree that (1) any and all disputes and causes of action arising out of or connected with this promotion, or prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest Sponsor; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Arbitrators’ decisions are final and binding on all Entrants.
- Choice of Law. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of Entrant and Sponsor in connection with this Sweepstakes shall be governed by, and constructed in accordance with, the substantive laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws rules.
- Limits to Damages. Under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e. costs associated with participating in this Sweepstakes), and Entrant further waives all rights to have damages multiplied or increased.
- Severability. If any article, part, term, sentence or provision of these Rules is determined to be invalid for whatever reason, all of the remaining articles, parts, terms, sentences, and provisions of these Rules will remain in full force and effect as if the invalid item were deemed not to be part of these Rules.
- Entire Agreement. These Rules constitute the entire agreement between Sponsor and each Entrant.
- Winner List. To obtain a copy of Winner(s)’ name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Rita’s Franchise Company, LLC, 1210 Northbrook Drive, Suite 310, Trevose, PA 19053 USA. Requests must be received no later than 30 days after the Sweepstakes Period.
- Sponsor. Sponsor is the sponsor of this Sweepstakes. Sponsor’s principal place of business is located at 1210 Northbrook Drive, Suite 310, Trevose, PA 19053 USA.
- By participating in this Sweepstakes, Entrant has affirmatively reviewed, accepted, and agreed to all of the Rules.