2018 Sundae Bowl PHOTO CONTEST (the “Contest”)- OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
- Eligibility: This Contest is open only to those who are 13 years of age or older as of the date of entry. This Contest is only open to legal residents of the 50 United States and the District of Columbia, and is void where prohibited by law. Employees of Rita’s Franchise Company, LLC (“Rita’s”), its 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 Contest. Rita’s franchise owners, their employees, and immediate family members (including spouses, children, siblings, parents) and/or those living in the same household of Franchisee Employees are not eligible to participate in the Contest. This Contest is subject to all applicable federal, state, and local laws and regulations.
- Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Rita’s as final and binding as it relates to the content of this Contest.
- Contest Period: Entries will be accepted online starting on noon (12:00 PM) EST on Monday, January 1st, 2018 and ending midnight (11:59 AM) EST on Sunday, February 4, 2018.
- How to Enter: The Contest must be entered by posting a photo on Instagram and/or Facebook. To submit an entry on Instagram, the Instagram user must (i) have their account set to public, (ii) post a photo that complies with the Contest, (iii) post and tag such photo with the hashtag #SundaeBowl, and (iv) follow Rita’s on the Instagram account where such photo is posted. To submit an entry on Facebook, the Facebook user must (i) have their page set to public, (ii) post a photo that complies with the Contest, (iii) post and tag such photo with the hashtag #SundaeBowl, and (iv) follow Rita’s on the Facebook page. The entry must fulfill all Contest requirements, 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 Rita’s. You may enter only once. You must provide the information requested. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Rita’s.
- Prizes: The Winner(s) of this Contest (the “Winner”) will receive will receive free Sundaes for a year in the form of 52 Free Regular Sundae Coupons that can be used at any Rita’s location. The retail value of the free Sundaes for a year is $217.88. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Rita’s. No cash or other prize substitution shall be permitted except at Rita’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. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Rita’s to use 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: Winner will be selected by Rita’s based upon creativity and indulgence. Winner will be notified direct message on Instagram or Facebook within five (5) days following selection of Winner and will be publicly announced on Rita’s social media sites. Rita’s shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 10 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Contest is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT RITA’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
- Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that Rita’s, anyone acting on behalf of Rita’s, and Rita’s franchisee, licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry (including the photo you submitted), name, portrait, picture, voice, likeness, image, statements about this Contest, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Rita’s. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Rita’s from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Rita’s may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
- Terms & Conditions: Rita’s reserves the right, in its sole discretion, to cancel, terminate, modify or suspend this Contest should virus, bug, non-authorized human intervention, fraud, or other cause beyond Rita’s control corrupt or affect the administration, security, fairness, or proper conduct of this Contest. In such case, Rita’s may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Rita’s. Rita’s reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of this Contest or website or violates these Terms & Conditions. Rita’s has the right, in its sole discretion, to maintain the integrity of this Contest, to void entries for any reason. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of this Contest may be a violation of criminal and civil laws. Should such attempt be made, Rita’s reserves the right to seek damages to the fullest extent permitted by law. You agree that when participating in this Contest, You will not engage in any illegal and/or inappropriate activities.
- Limitation of Liability: By entering, You agree to release and hold harmless Rita’s and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, franchisees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in this Contest and/or his/her 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 the Promotion; (v) electronic or human error in the administration of the Contest or the processing of entries.
- Disputes: THIS Contest IS GOVERNED BY THE LAWS OF UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, You agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in the Commonwealth of Pennsylvania having jurisdiction. Further, in any such dispute, under no circumstances shall You be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than Your actual out-of-pocket expenses (i.e., costs associated with entering this Contest). You further waive all rights to have damages multiplied or increased.
- Winners List: To obtain a copy of the 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 March 30, 2017.
- Sponsor: The Sponsor of this Contest is Rita’s Franchise Company, LLC, 1210 Northbrook Drive, Suite 310, Trevose, PA 19053 USA.
- Facebook and Instagram: The Contest hosted by Rita’s is in no way sponsored, endorsed, administered by, or associated with Facebook or Instagram. For good and valuable consideration, You agree to hold Facebook, Instagram, and their officers, trustees, employees and agents harmless for any injury or damage caused or claimed to be caused by participation in this Contest. You acknowledge that this Contest is no way, sponsored, endorsed or administered by, or associated with Facebook or Instagram. All entries are being provided to Rita’s and not Facebook or Instagram.
- By participating in the Contest, You, the Contestant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules.