Jersey Mike’s®
TAILGATE TOUR SUBS FOR A YEAR CONTEST
Official Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING. INTERNET ACCESS IS REQUIRED TO PARTICIPATE. Void where prohibited or restricted by law.
ARBITRATION NOTICE: BY ENTERING, YOU AGREE THAT DISPUTES BETWEEN YOU AND ANY CONTEST ENTITY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A JURY TRIAL, CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. See Disputes/Arbitration provision contained herein.
SPONSOR: This Tailgate Tour Subs for a Year Contest (“Contest”) is sponsored by Jersey Mike’s Franchise Systems, Inc., with its principal address at 2251 Landmark Place, Manasquan, NJ, 08736 (“Sponsor”).
ELIGIBILITY: This Contest is open to individuals who: (i) are legal residents of the fifty United States, including Washington D.C., who are of legal age in their state of residence prior to the beginning of the Promotion Period described in Section 4 below; and (ii) complete the entry requirements described in Section 5 below.
Employees, officers and directors of the Sponsor, its parent, subsidiary and affiliated companies, advertising and promotion agencies and any other individuals or entities who are engaged directly or indirectly in the development of, the production, distribution or review of materials for, or the administration, execution or implementation of this Contest (collectively the “Contest Entities”) and persons in the immediate family of such individuals (spouse, parent, child, sibling, partners and their respective spouses, and foster and step-relations) regardless of where they reside, or those living in their same household (whether or not related) as any person in any of the preceding categories are not eligible to enter.
AGREEMENT TO RULES: All participation in this Contest shall be governed by these Official Rules. By participating in the Contest, each participant fully and unconditionally agrees to be bound to and accepts these Official Rules and any additional terms and conditions specific to the Contest communicated by Sponsor. By participating, participants further agree to be bound to the decisions of the Sponsor (and its authorized representatives), which are final and binding in all matters. By submitting an Entry (as defined below), participants agree to be contacted by Sponsor with Contest related communications.
PROMOTION PERIOD: This Contest begins on August 29, 2024 at 12:01 a.m., Eastern Time time (“ET”) and ends on November 30, 2024 at 11:59 p.m. ET (“Promotion Period”). Sponsor’s clock/server/computer is the official time keeping device for this Contest. All Entries must be received within the Promotion Period. Participants are solely responsible for determining the correct time zone in their respective jurisdictions. Contest Entities disclaim all liability or responsibility relating thereto.
HOW TO ENTER: No purchase is necessary to enter or to win. During the Promotion Period, each participant must submit their entry (“Entry”) by following the instructions below:
Send Text Message. During the Promotion Period, scan the designated QR code using your mobile device. Scanning the QR code will draft a text message to 567-827 on your device saying, “FOOTBALL”. Send the text message to 567-827. Alternatively, you may directly input the designated short code as the text message recipient, type the text message manually, and send it in. In any case, you must send the following text message exactly, with no changes to the language: “FOOTBALL”. If you have previously opted out of SMS from Jersey Mike's, you must text JOIN to enable Jersey Mike's to text you to confirm your contest entry.
Register MyMike’s Account. If your telephone number is already associated with a MyMike’s account, you will receive a text message confirming that your entry into the Contest has been submitted. If your telephone number is not associated with a MyMike’s account, you will receive a text message prompting you to create one. Create a MyMike’s account, and once your account has been created, you will receive a text message confirming that your entry into the Contest has been submitted. If you do not create a MyMike’s account, you will receive up to three (3) text message reminders. Your MyMike’s account must remain active through the selection of the winners.
Upon following the instructions above, you will be entered to win the prize.
Limit one (1) Entry per participant. You may only use one (1) telephone number and corresponding MyMike's profile to enter the Contest. Any entries received from any person or telephone number or MyMike's profile in excess of the stated limitation above will be void.
By using your mobile device to enter the Contest, data rates may apply according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Mobile device service may not be available in all areas. Check your mobile device’s capabilities for specific instructions.
WINNER SELECTION: Fifty (50) potential winners will be selected in a random drawing held on or about December 1, 2024 from among all eligible Entries received. The random drawing will be conducted by Sponsor, whose decisions are final on all matters relating to this Contest.
WINNER NOTIFICATION: Potential prize winners will be notified by Sponsor via email and/or phone using the contact information associated with the potential winner’s MyMike’s account. The notified winner must respond within twenty-four (24) hours of notification or a new winner will be drawn.
PRIZE: Each winner will receive one calendar year’s worth of subs from the Sponsor (paid in the form of one or more gift cards, in Sponsor’s discretion, adding up to a total of $825). The aggregate approximate retail value of the prizes is $41,250 (“ARV”), which is comprised of gift cards totaling $41,250. The amount of each prize was calculated based on one sub, chip, and fountain drink (valued at approximately $15.86) per week for fifty-two (52) calendar weeks. The ARV is subject to market conditions, which can fluctuate, and any difference between actual market value and ARV will not be awarded to the winner.
CLAIMING THE PRIZE: Each winner must provide Sponsor with all information required to claim the prize (including tax identification information). Each winner shall sign and return to Sponsor a liability/publicity release, affidavit of eligibility, and a tax indemnification guarantee (hereinafter collectively referred to as the “Required Documentation”) by a date determined by Sponsor in form and substance satisfactory to Sponsor in order to be eligible to receive the prize. If (i) any of the Required Documentation is not completed, signed, and/or returned within the stated time, (ii) the winner is deemed by Sponsor to be ineligible or not to have complied with these Official Rules, or (iii) the winner refuses to accept or fails to claim the prize, then the prize will be forfeited by the winner and an alternate winner may be selected from among all eligible entries timely received, if time permits. If a winner is not reachable at the email address provided to Sponsor or if a notification is returned as undeliverable, then the prize will be forfeited and an alternate winner may be selected. The prize will be delivered within thirty (30) days of the winner delivering the signed Required Documentation to Sponsor.
TAXES: Each winner is responsible for any and all federal, state and local taxes, fees and other government assessments on the awarded prize. Furthermore, the winner acknowledges that federal and/or state law requires that a tax withholding on certain prize values must be collected from the winner upon award or distribution. Federal and/or state withholding laws are subject to change without notice. The withholding laws in effect at the time the prize is claimed will be followed, and the winner of the prize may be issued an Internal Revenue Service Form W-2G by Sponsor (if required), which the winner will be required to sign at a time and place determined by Sponsor in its sole discretion. As a condition to delivery of the prize and within a period to be determined by Sponsor, the winner will be required to submit to Sponsor in full the estimated tax withholding payment for the prize (if any). Failure to make the estimated tax withholding payment in a timely fashion as determined by Sponsor in its sole discretion will subject the winner’s Entry Form to invalidation. In such event, a new winner will be randomly selected from the pool of remaining eligible participants. Each winner is also responsible for any travel or delivery charges incurred to accept the prize.
CANCELLATION; TERMINATION OF CONTEST: By choosing to participate in this Contest, each participant acknowledges and agrees that Sponsor has the right, in its sole discretion, to elect not to proceed with this Contest for any reason whatsoever or for no reason, and in such event, a participant will not be entitled to any remedy whatsoever.
GENERAL
This Contest is void where prohibited or restricted by law.
Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or the Sponsor website; violates the Official Rules, or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Contest Entities are not responsible for any incorrect or inaccurate information, whether caused by website or app users, human error, tampering, hacking or by any of the equipment or programming associated with or utilized in the Contest and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, incompatibility, communications failure, theft, loss or destruction of Entries, nor for the failure to capture Entry or other information. Contest Entities are not responsible for injury or damage to participants’ or to any other person’s computer and/or mobile device related to or resulting from downloading materials from or use of any website or app. If, for any reason, the Contest or any element thereof is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, fraud, force majeure, technical or other failures or errors, or any other causes similar or dissimilar which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest or any element thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest or element thereof and select the winners from non-suspect, eligible entries received prior to the action or as otherwise may be deemed fair and equitable by Sponsor. In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in any communications, announcements, advertising and/or promotional materials relating to this Contest, these Official Rules shall govern.
Sponsor shall have no responsibility or obligation to a winner who is ineligible for a prize, or is unable to or who does not accept or utilize a prize, for any reason.
Prizes are awarded “as is” without any express or implied warranty or guarantee from Sponsor, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Only the prizes as described herein are available to be awarded; in no event will the Contest Entities be responsible for awarding more or different prizes than stated herein. Prizes cannot be assigned, transferred, or substituted, except by Sponsor who may, at its sole discretion, substitute a prize or any part thereof with a prize of equal or greater value. Prizes are not redeemable for cash; any difference between the actual value and ARV of the prize will not be awarded as cash, or otherwise unless otherwise stated.
PUBLICITY RELEASE: By participating in the Contest and/or accepting a prize, participants and confirmed winners as applicable grant (and agree to confirm that grant in writing) permission for Sponsor and/or Sponsor’s authorized representatives the right to use their Entry, name, biographical information, likeness, image, voice, and statements for promotion, trade, commercial, and publicity purposes, at any time or times, in all media now known or hereafter discovered including television and the internet including Sponsor’s social media platforms and those of third parties whether or not connected with the Contest, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
PRIVACY: Information submitted in connection with the Contest will be treated in accordance with these Official Rules and the Sponsor’s Privacy Policy and Terms of Use, which may be amended from time to time and are currently located at www.jerseymikes.com/privacy-policy and www.jerseymikes.com/terms-of-use, respectively. By submitting an Entry, participants agree to be contacted by Sponsor with Contest related communications. The information you provide will be used as stated herein and the aforementioned Policies, and for purposes of this Contest.
INDEMNIFICATION AND RELEASE OF LIABILITY: BY PARTICIPATING, PARTICIPANTS AND WINNERS AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, OTHER CONTEST ENTITIES, AND THEIR PARENT, AFFILIATES AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, CAUSES OF ACTION, DEMANDS, LOSSES, SETTLEMENTS, LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE, VIOLATION OF PROPRIETARY, PUBLICITY, PRIVACY OR ANY OTHER RIGHT), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF USE OF THE ENTRY IN WHOLE OR IN PART, THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN ANY PROMOTION AND/OR PRIZE RELATED ACTIVITY, ACCESS TO THE WEBSITE, AND/OR OTHER PARTICIPATION IN THIS CONTEST.By entering and/or accepting a prize, Participants and winners covenant to the fullest extent permitted by law not to sue any Released Party or cause them to be sued regarding any matter released above, and not to disaffirm, limit or rescind this release. A waiver by one or more of the Contest Entities of any term in these Official Rules does not constitute a waiver of any other provision. Any provision adjudged to be invalid shall be struck from these OFFICIAL Rules and the remainder shall continue in full force and effect.
ADDITIONAL TERMS: In case of dispute as to the identity of any participant, entry will be declared made by the Authorized Account Holder of the MyMike’s account used to enter the Contest. “Authorized Account Holder” is defined as the natural person who is assigned to the account issued by the telephone service provider or telecommunications operator responsible for assigning the telephone number associated with the account. Any potential winner may be requested to provide Sponsor with proof that such winner is the Authorized Account Holder of the telephone number used to enter the Contest. The sufficiency and type of such proof is subject to Sponsor’s sole discretion.
FORCE MAJEURE: Contest Entities shall not be liable to participants, winners or any other person or entity for failure to execute the Contest, or supply a prize or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, cancellation or delay of any event, or any similar or dissimilar event beyond their reasonable control.
DISCLAIMERS: If this Contest cannot be administered as contemplated for any reason, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest, winner selection, or prizes without prior notice.
DISPUTE RESOLUTION/ARBITRATION/GOVERNING LAW: THIS CONTEST AND ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANT, SPONSOR, OR ANY OTHER CONTEST ENTITY IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE UNITED STATES AND THE STATE OF NEW JERSEY WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, to the fullest extent permitted by law, each participant agrees that if any controversy or claim arising out of or relating to these Official Rules and the Contest cannot be settled through direct discussions, they will endeavor first to settle the controversy or claim by a mediation administered by the International Center for Dispute Resolution (“ICDR”) under its then-applicable rules and procedures. If the dispute is not otherwise resolved through direct discussions or mediation, the Parties agree that the controversy or claim, including the scope or applicability of this agreement to arbitrate, will then be resolved by final and binding confidential arbitration in New Jersey, to be administered by ICDR in accordance with its then-applicable arbitration rules and procedures, including without limitation the rule providing that each party will pay its pro rata share of ICDR fees and expenses and the rules providing for limited discovery and other exchange of information. The ICDR rules are available at www.ICDR.org. The ICDR rules for selection of a single arbitrator will be followed. Notwithstanding the forgoing, each participant agrees that any mediation or arbitration shall be conducted on an individual basis, without resort to any form of class action. Under no circumstances will a participant be permitted to obtain awards for, and participant hereby waives all rights to claim punitive, incidental, consequential, and any other damages (other than for actual out-of-pocket expenses) and any and all rights to have damages multiplied or otherwise increased.
SEVERABILITY: The invalidity, illegality, or unenforceability of any provision of these Official Rules shall in no way affect the validity, legality, or enforceability of any other provision hereof. Any invalid, illegal, or unenforceable provision shall be deemed severed from these Official Rules and the balance of these Official Rules shall be construed and enforced as if these Official Rules did not contain such invalid, illegal, or unenforceable provision.
WINNERS LIST: To obtain a list of the winners, send an email to jgowen@jerseymikes.com within thirty (30) days of the Selection Date to Sponsor. The email should contain the following phrase in the “subject” field: Tailgate Tour Subs for a Year Contest Winners List.
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