Rita’s STARBURST Fan Challenge Official Rules

Rita’s / Starburst Fan Challenge Contest – OFFICIAL RULES

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility: Rita’s / Starburst Fan Challenge Contest (the “Contest”) is open only to legal residents of the fifty (50) United States and the District of Columbia, who are 18 years of age or older as of the date of entry. Employees and their immediate families (defined as spouses, parents, siblings, children, grandparents and in-laws) and any members of their households employed by The Rita’s Franchise Company sponsoring this promotion and any of their affiliates, parent corporations, and subsidiaries are not eligible to participate.

2. Sponsor: Rita’s Franchise Company, 1210 Northbrook Drive, Suite 310, Trevose, PA 19053.

3.  By participating in the Contest, entrant acknowledges that the Contest is in no way sponsored, endorsed or administered by, or associated with Facebook and that all information provided by Entrant is being provided to Sponsor and not to Facebook.

4. Agreement to Official Rules: By participating in the Contest, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Contest. Sponsor reserves the right to disqualify any entrant if these Official Rules are not followed.

5. Timing: The Contest begins on April 7, 2013 at 12:00 a.m. Eastern Standard Time (“E.S.T.”) and ends on April 27, 2013 at 11:59 p.m. E.S.T. (the “Contest Period”).

HOW TO ENTER

6. To enter complete the following steps during the Contest Period:

Step 1: Become a Fan/Like Rita’s Italian Ice Company Fan Page – log onto www.facebook.com, find the official Facebook fan page of Rita’s Italian Ice Company or log onto www.facebook.com/ritasitalianicecompany and become a fan of Rita’s Italian Ice. You can also enter your photos on Twitter and/or Instagram. You must follow us @RitasItalianIce (Twitter) or @RitasIce (Instagram)

AND

Step 2: Showcase your love of the Rita’s & STARBURST brands by taking a photo or submitting a photo and/or essay telling or showing your passion for both brands. Post your photo on our page using the hastag #RitasFanChallenge or direct message us on Facebook your essay.

Sponsor will not verify receipt of entries. If detected, incomplete and multiple entries beyond one eligible entry per valid email address are void. Sponsor is not responsible for entries that are lost, late, misdirected, incomplete, incomprehensible, illegible, damaged, undeliverable or delayed.

* The Entry must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights or that constitutes copyright infringement;

* The Entry may not copy or otherwise plagiarize the Entry from any source;

* The Entry must not contain any ideas or content that any person living or deceased (including, but not limited to rights of privacy or publicity or portrayal in a false light); or entity considers proprietary, or is otherwise objectionable, will not be considered and may disqualify the Entrant;

* The Entry must not contain material that is inappropriate, derogatory, indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous, which determination Sponsor may make in its sole discretion;

DETERMINATION OF WINNER:

The winning photos and/or essay will be judged based on creativity, originality and the showcasing of a fan’s love of the Rita’s & Starburst brands, as determined by Rita’s, in its sole discretion.  If any Contestant is found to be ineligible, or cannot or does not comply with these Official Rules, the Contestant will be disqualified, any prizes will be forfeited and an alternate potential winner may be selected, at Rita’s sole discretion.

PRIZE:

(1) Winner will be chosen each week, during the contest period to be featured on the Rita’s brand social media pages. There will be 3 winners in total. The winner each week will also win a Rita’s & Starburst prize pack valued at $50.

1 Winner will be contacted on April 14, April 21 & April 28, 2014 and publicly announced thereafter.

Odds of winning depend on the number of participants.   Rita’s reserves the right to substitute any prize with another prize of equal or greater value.

RULES AND GENERAL CONDITIONS:

All federal, state, or other taxes are the sole responsibility of winners.

A prize won by a minor (as defined in the jurisdiction of the minor’s residence) will be awarded in the name of, or to, the minor’s parent or legal guardian.  Potential prize winners, or the parent or legal guardian of a minor in the case of a minor, may be required to sign, execute, have notarized and return, an Affidavit of Eligibility, a Liability Release, a Publicity Release and any other documentation that Rita’s requires (collectively “Affidavit/Release”) or such potential winning Participant may be disqualified and an alternate winner may be selected by Rita’s at its sole discretion.

Except where prohibited by law, participation in the Contest (or such Contestant’s parent or legal guardian in the case of a minor) and acceptance of any prize constitutes permission for Rita’s to use the winner’s name, address (city and state), photo, likeness, biographical information, statement and voice for advertising/publicity purposes worldwide and in all forms of media, in perpetuity, without further notice to or compensation in connection with this contest and any Prize awarded.

Any person attempting to defraud or in any way tamper with the Contest will be prosecuted and he or she will not be eligible for any prize.

Contestant agrees that when participating in the Contest, he or she will not engage in any illegal and/or inappropriate activities.

If, for any reason, the Contest is not capable of running as originally planned, Rita’s at its sole discretion, reserves the right to cancel, suspend or modify the contest or any portion thereof.

By participating in the Contest, Participant’s, and such Participant’s parent or legal guardian in the case of a minor, agree and acknowledge to be bound by these Official Rules, as well as the decisions of Rita’s which is final and binding in all respects; to waive any rights to claim ambiguity with these Official Rule, and that Rita’s, its officers directors, employers, affiliates, subsidiaries, its franchisees and their employees (the “Rita’s Entities”) shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death) in connection with the Contest and any prize.

Each Participant and, in the case of a minor, such minor’s parent or legal guardian, further agrees to indemnify and hold harmless the Rita’s Entities from any and all liability resulting or arising from the Contest; to release all rights to bring any claim, action or proceeding against the Rita’s Entities, and hereby acknowledge that the Rita’s Entities have not made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize.

Winners, in the case of a minor, such winner’s parent or legal guardian, release the Rita’s Entities from any and all liability and responsibility with respect to prizes and/or the Contest (including any property loss, damage, personal, injury or death). In no event will the Rita’s Entities be liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of the Contest or any prize.

As a condition of participating in the Contest, Participants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Contest, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in the Commonwealth of Pennsylvania having competent jurisdiction, which court shall apply the laws of the Commonwealth of Pennsylvania without regard for doctrines of conflict of law.  Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, and Participant further waives all rights to have damages multiplied or increased.

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