RITA’S UNDERCOVER BOSS GIVEAWAY (THIS “CONTEST”) – OFFICIAL RULES (THE “RULES”)

Contestants will participate in a comment-to-win contest on Facebook or Instagram as part of the lead up to the Rita’s Ice UNDERCOVER BOSS episode airing on January 28, 2022.

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

VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

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

  1. Eligibility. Rita’s Franchise Company, LLC (“Sponsor”) is the sponsor of this Contest. 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. 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 Contest. 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 Contest.  This Contest is subject to all applicable federal, state, and local laws and regulations.
  2. Agreement to Rules. By entering this Contest (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 Contest.
  1. Contest Period. Entries to this Contest will be accepted on Facebook and Instagram starting at 2 pm EST on January 28, 2022 and ending at 11:59 pm EST on January 30, 2022 (the “Contest Period”).
  1. How to Enter. This Contest must be entered using one of the following methods: (i) commenting on the post on Sponsor’s official Facebook page (https://www.facebook.com/ritasitalianicecompany) that announces the Contest on January 28, 2022 (the “Facebook Contest Post”); or (ii) commenting on the post on Sponsor’s official Instagram page (https://www.instagram.com/ritasice) that announces the Contest on January 28, 2022 (the “Instagram Contest Post”). The entry must fulfill all requirements of this Contest, 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, regardless of the method of submission. 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.
  1. Prizes. The winners of this Contest (individually and collectively, “Winner(s)”) will each receive one (1) free Rita’s® Italian Ice credit posted to the Winner’s active Rita’s® Loyalty Program (the “Loyalty Program”) account (the “Prize”), subject to all rules and restrictions as stated in the Prize. In order to redeem the Prize, each Winner must have Sponsor’s official Rita’s® Ice mobile application (the “App”). The approximate retail value of the Prize is $3.23. 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. No substitution of the Prize or transfer/assignment of the Prize to others or request for the cash equivalent of the Prize by Winner is permitted. Acceptance of the 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.
  1. Odds. The odds of winning depend on the number of eligible entries received.
  1. Winner Selection and Notification. From the entries, the first one hundred (100) Entrants via Facebook and the first one hundred (100) via Instagram (i.e., the first one hundred (100) eligible individuals who comment on the Facebook Contest Post and the first one hundred (100) eligible individuals who comment on the Instagram Contest Post) will be deemed Winners. Winners will be notified by Sponsor within 3 days following the Contest Period via the Facebook or Instagram account associated with Winner’s winning entry. Specifically, Sponsor will reply to each Winner’s comment directing Winner to send a direct message via Facebook or Instagram, so that Winner can provide sponsor with the email address associated with Winner’s Loyalty Program account. 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.  Winners will only be contacted once. If any Winner(s) cannot be contacted, is ineligible or fails to claim the Prize within 30 days after notification, the Prize may be forfeited, with an alternate Winner selected.  Receipt by Winners of the Prize offered in this Contest is further conditioned upon each Winner’s compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER(S) (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
  1. Terms & Conditions. If for any reason this Contest 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 Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend this Contest and select any 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 Contest 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 Contest, 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 Contest 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 Contest, 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 Contest, 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.
  1. Limitation of Liability. By participating in this Contest, 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 Facebook 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 Contest 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 Contest; (v) electronic or human error in the administration of this Contest or the processing of entries.
  1. Dispute Resolution. Except where prohibited by law, as a condition of participating in this Contest, 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.
  1. 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 Contest 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.
  1. 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 Contest), and Entrant further waives all rights to have damages multiplied or increased.
  1. 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.
  1. Entire Agreement. These Rules constitute the entire agreement between Sponsor and each Entrant.
  1. Privacy Policy. Sponsor will collect personal data from Entrant when Entrant enters this Contest, and this information will be used for the purposes of administering this Contest, publicizing this Contest, 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 Sponsor’s use of Entrant’s name, address, likeness, prize information and other information collected through this Contest 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.
  1. Winners List. To obtain a copy of any 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 Contest Period.
  2. Sponsor. Sponsor is the sponsor of this Contest. Sponsor’s principal place of business is located at 1210 Northbrook Drive, Suite 310, Trevose, PA 19053 USA.
  3. By participating in this Contest, Entrant has affirmatively reviewed, accepted, and agreed to all of the Rules.