RITA’S HALLOWEEN PET COSTUME COMMENT-TO-WIN GIVEAWAY (THIS “GIVEAWAY”) – OFFICIAL RULES (THE “RULES”)

Entrants will participate in a comment-to-win giveaway on Instagram.

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER.

VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

THIS GIVEAWAY IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH INSTAGRAM.

1. Eligibility. Rita’s Franchise Company, LLC (“Sponsor”) is the sponsor of this Giveaway. This Giveaway is open only to those who are 13 years of age or older as of the date of entry. This Giveaway 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 Giveaway. 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 Giveaway.  This Giveaway is subject to all applicable federal, state, and local laws and regulations.
2. Agreement to Rules. By entering this Giveaway (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 Giveaway.
3. Giveaway Period. Entries to this Giveaway will be accepted on Instagram starting at 12 pm EST on October 5, 2022 and ending at 10 am EST on October 7, 2022 (the “Giveaway Period”).
4. How to Enter. The Giveaway must be entered by (1) following Sponsor’s official Instagram page (@ritasice), (2) liking the post on Sponsor’s official Instagram page that announces the Giveaway during the Giveaway Period (the “Instagram Giveaway Post”) and (3) commenting (tagging a friend and commenting the size – i.e., “#small”, “#medium” or “#large” – of the Prize Entrant would receive if Entrant is deemed a Winner) on the Instagram Giveaway Post. The entry must fulfill all requirements of this Giveaway, 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 multiple entries. 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.
5. Prizes. The winners of this Giveaway (individually and collectively, “Winner(s)”) will each receive one (1) RITA’S ICE-CUSTARD HAPPINESS® branded Halloween pet costume (small, medium or large size) (the “Prize”), subject to all rules and restrictions as stated in the Prize. The retail value of the Prize is $75.43. 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.
6. Odds. The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification. From the entries, three (3) random Entrants via Instagram will be selected and deemed Winner(s) during the Giveaway Period. To be eligible for the Giveaway, an Entrant must enter the Giveaway during the Giveaway Period. Winner(s) will be notified by Sponsor immediately following the Giveaway Period via the Instagram account associated with Winner(s)’ winning entry.  Specifically, Sponsor will reply to Winner(s)’ comment directing Winner(s) to send a direct message via Instagram, so that Winner(s) can provide Sponsor with Winner(s)’ mailing address. Sponsor is not responsible for Winner(s)’ failure to receive notices due to spam, or other security settings or for Winner(s)’ provision of incorrect or otherwise non-functioning contact information.  Winner(s) will only be contacted once. If Winner(s) cannot be contacted, is ineligible or fails to claim the Prize by 11 am EST on October 8, 2022, the Prize may be forfeited, with alternate Winner(s) selected.  Receipt by Winner(s) of the Prize offered in this Giveaway 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 GIVEAWAY, AND ALL PRIVILEGES AS WINNER(S) WILL BE IMMEDIATELY TERMINATED.
8. Terms & Conditions. If for any reason this Giveaway 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 Giveaway, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend this Giveaway 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 Giveaway 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 Giveaway, 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 Giveaway 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 Giveaway, 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 Giveaway, 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.
9. Limitation of Liability. By participating in this Giveaway, 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, and Instagram 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 Giveaway 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 Giveaway; (v) electronic or human error in the administration of this Giveaway or the processing of entries.
10. Dispute Resolution. Except where prohibited by law, as a condition of participating in this Giveaway, 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.
11. 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 Giveaway 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.
12. 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 Giveaway), and Entrant further waives all rights to have damages multiplied or increased.
13. 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.
14. Entire Agreement. These Rules constitute the entire agreement between Sponsor and each Entrant.
15. Privacy Policy. Sponsor will collect personal data from Entrant when Entrant enters this Giveaway, and this information will be used for the purposes of administering this Giveaway, publicizing this Giveaway, other promotional purposes, and any marketing purpose that benefit Sponsor. Information collected from Entrant is subject to Sponsor’s privacy policy (the “Privacy Policy”). To read the Privacy Policy, click here: https://www.ritasice.com/website/terms-and-conditions/. By submitting an entry, Entrant consents to Giveaway’s use of Entrant’s name, address, likeness, prize information and other information collected through this Giveaway for (i) promotional and marketing purposes in any medium without additional compensation to the extent permitted by law and (ii) marketing to Entrant by Sponsor and Franchisees.
16. Winners 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 Giveaway Period.
17. Sponsor. Sponsor is the sponsor of this Giveaway. Sponsor’s principal place of business is located at 1210 Northbrook Drive, Suite 310, Trevose, PA 19053 USA.
18. By participating in this Giveaway, Entrant has affirmatively reviewed, accepted, and agreed to all of the Rules.