SUBWAY FRESH FIT® Video and Poster Competition (“Competition”) OFFICIAL RULES
1. Program Overview: To encourage better eating and active lifestyles, students are asked to create a poster or video illustrating how they stay healthy and fit. Participants are required to complete the OFFICIAL SUBWAY FRESH FIT® Video and Poster Competition Entry Form. Participants are encouraged to involve their family and/or classmates at school to make the program fun and extend the program benefits.
2. Sponsor: SUBWAY FRESH FIT® Video and Poster Competition is sponsored by the Subway Franchisee Advertising Fund Trust Ltd. market number 064 (“Sponsor”) and administered by The Summit Group Communications, located at 117 West 400 South, Salt Lake City, UT 84101. (“Administrator”)
3. Eligibility: Children ages 5 to 14 are eligible to participate (“Participants”). Participants must live in one of the following participating counties: Baker (FL), Bradford (FL), Clay (FL), Columbia (FL), Duval (FL), Nassau (FL), Putnam (FL), St. John’s (FL), Union (FL), Brantley (GA), Charlton (GA), Camden (GA), Glynn (GA), Pierce (GA), Ware (GA). Participants must have their parent’s or legal guardian’s permission to enter and their parent or legal guardian must agree on Participant’s behalf to follow and be bound by these Official Rules in order for Participant to enter. Employees or franchisees of Sponsor, Administrator, SUBWAY® restaurants, Subway Franchisee Advertising Fund Trust Ltd., Doctor’s Associates Inc. and Franchise World Headquarters LLC (FWH) (Promotional Entities) and the members of each of their households, whether or not related and immediate family members (siblings and children) are not eligible to enter or win.
4. Competition Period: The Competition runs from 9/4/12 to 9/25/12 (“Competition Period”).
5. How to Enter: Many Will Enter, Few Will Win. Participants must complete and submit one (1) OFFICIAL SUBWAY FRESH FIT® Video and Poster Competition Entry Form available at participating SUBWAY® restaurants and an original video or poster illustrating how they stay healthy and fit. (“Entry”). All Entries must include Participant’s name, age, address, phone number, name and signature of a parent or guardian, and name of school the participant is currently attending or indication that the Participant is homeschooled. Participants may choose between completing a drawing on an 8½ X 11 inch, or larger, white sheet of paper/card stock/poster board, or create a 30 to 60 second video on a DVD or VHS. All entries should demonstrate the following, “How I stay healthy and fit.” Only one Entry per Participant. Entries must be postmarked by 9/25/12 and mailed to: The Summit Group, 117 West 400 South Salt Lake City, UT 84101. Incomplete Entries will not be considered.
6. Selection and Prize: Entries will be judged on creativity, originality and visual demonstration of fun real-life examples of ways kids and their families stay healthy. One (1) Grand Prize Winner will be selected by Administrator, from eligible Entries to receive: (1) a $1,000 fitness grant for purchase of sports equipment (“Grant”) for their school (“Winning School”) and (2) $1,000 in SUBWAY® cash cards for the Grand Prize Winner’s personal use. (“Grand Prize Winner”). Three (3) Honorable Mention Winners will also be selected by Administrator to receive a Secondary Prize (“Honorable Mention Winners”). Honorable Mention Winners will each receive a $100 SUBWAY ® cash card (“Secondary Prize”). (“Grand Prize Winner and Honorable Mention Winners collectively known as Winners”). Grant may only be awarded to 501(c)(3) recognized educational institution. Approximate Retail Value of prizes: $2,300. Sponsor reserve the right to substitute prizes of equal or greater value. If the potential Grand Prize Winner is a student enrolled in a home school, the potential Grand Prize Winner’s parent or guardian must designate, subject to approval of Sponsor, a public or private school or a government or non-profit child-focused organization in his/her community (“Designated Entity”) to receive the Grant. If the chosen Designated Entity refuses the athletic equipment portion of the Prize for any reason, Sponsor will determine, in its sole discretion, another public or private school or a government or non-profit child-focused organization (“Selected Entity”) in the Grand Prize Winner's community. Prizes are non-transferable, non-assignable and no cash alternative will be offered except by Sponsor in the event of unavailability, in which case a prize of equal or greater value will be awarded. Athletic equipment awarded to the Designated Entity, Selected Entity or Winning School will be selected by Sponsor. The decisions of the Sponsor are final and binding. Taxes on prizes, if any, are the sole responsibility of the Winners and their parents or guardians, Designated Entity, Selected Entity or Winning School as prescribed by law.
7. Notice: Winners Parent or Guardians will be notified by phone the week of 10/1/12. Sponsor may select an alternate if a Winner(s) cannot be contacted. Three attempts will be made to notify Winner(s) over a 3-day period, after which an alternate will be selected from the pool of all eligible entries. Prizes will be mailed to Winners.
8. Winners’ List: After the Winners are announced a complete list of Winners may be obtained by sending a self-addressed, stamped envelope to: The Summit Group, 117 West 400 South, Salt Lake City, UT 84101.
9. Publicity: Except where prohibited by law, Winners and Winner’s’ parent or guardian consents to use of Winners’ name, prize information and likeness for promotional purposes worldwide in any media without additional compensation.
10. Release: By participating in the Competition, Participant and Participant’s parent or guardian release the Sponsor, SUBWAY® restaurants, Franchise World Headquarters LLC , Subway Franchisee Advertising Fund Trust Ltd., and Doctor’s Associates Inc., their affiliates, subsidiaries, agencies and their respective officers, directors, employees, representatives, and agents (“Released Parties”) from any and all claims and liability relating to this Competition.
11. General: No purchase necessary to enter or to win. Void where prohibited. Odds of winning are dependent on number of entries received. By entering this Competition, Participants and their parents or guardians agree to abide by these Official Rules as stated herein and the decisions of the Sponsor are final and binding in all matters pertaining to this Competition. All applicable federal, state and local laws and regulations apply.
13. User Generated Content/Intellectual Property: The Winners and their parents or guardians agree to the use of his/her/their name, addresses, Submission, statements, and artwork or other likenesses, in perpetuity, without further compensation, notification or permission in any publicity or advertising carried out by Sponsor, Promotional Entities or other related entities in any and all media now known or hereinafter developed without territorial or time limitation, except where prohibited by law. The Sponsor and Promotional Entities reserve the right to alter, change or modify the Entry, in their sole discretion. Upon request of the Sponsors, Participants and their parent or guardian shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Submission and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Promotional Entities may at a later time request the assignment.
Entries will not be returned to any Participant. As a condition of Entry, each Participant and their parent or guardian irrevocably grants to the Sponsor and Competition Entities a non-exclusive perpetual worldwide license to use and exploit all intellectual property rights (including without limitation, copyright) in and to the Entry and consents to the Sponsor doing (or omitting to do) any acts in respect of the Entry which may otherwise constitute an infringement of the Participant’s moral rights. For the avoidance of doubt, the Sponsor and Promotional Entities may use all or any part of a Participant’s Entry for any purposes at its discretion, including, without limitation, using the Participant’s Entry for promotional, marketing or publicity purposes, whether in respect of this Competition, the Sponsor, or otherwise. Each Participant warrants to the Sponsor that the Submission submitted is an original work of the Participant which does not infringe any rights of any third party. A breach of the warranty set out in this condition will result in the Participant’s entry being invalid. In addition, each Participant and their parent or guardian indemnifies the Sponsor against all loss, damages and costs incurred by the Sponsor arising from that Participant’s breach of the warranty set out in this condition.
14. Limitations of liability: Released Parties are not responsible for illegible, lost, late, incomplete, inaccurate, delayed, stolen, misdirected, postage due, or undeliverable Entries; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Competition. Released Parties are not responsible for any typographical, technical, technological, mechanical or factual errors, incorrect or inaccurate information, whether caused by any website users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Competition and assume no responsibility for any omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical, technological, mechanical or factual error, theft or destruction or unauthorized access to any website(s). Additionally, Released Parties bear no liability for acts of Force Majeure or other acts which interfere with the intended proper administration, operation and fulfillment of this Competition. Any Entry that is defaced, mutilated, forged, illegible, altered, tampered with, mechanically reproduced, contains printing or other errors or that is not legitimately obtained is void.
15. Disputes: Except where prohibited, by participating in the Competition, Participants and their parents or guardians agree that: (a) except as otherwise specifically set forth in these Official Rules, any action arising out of or relating to these Official Rules or the rights and obligations of any Participant and/or Sponsor shall be filed exclusively in the United States District Court for the District of Connecticut or the appropriate Connecticut State Court; and Participants and or their parent or guardian hereby consent and submit to the personal jurisdiction of such court for the purposes of litigating any such action, and any right to a trial by jury is hereby waived; (b) any and all disputes, claims, and causes of action arising out of or connected with these Official Rules, and/or the rights and obligations of any Participant and/or Sponsor shall be resolved individually, without resort to any form of class action; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and in no event will Participants and/or their parents or guardians be entitled to receive attorneys' fees or other legal costs; (d) under no circumstances will Participants and/or their parents or guardians be permitted to obtain injunctive or other equitable relief and Participants and/or their parents or guardians sole remedy will be an action at law for damages to the extent allowed by sub-paragraphs (c) and (e) of this Rule; and (e) under no circumstances will Participants and/or their parents be permitted, and Participants and/or their parents hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of pocket costs described in (c) above; and (ii) have damages multiplied or otherwise increased.
These SUBWAY FRESH FIT® Video and Poster Competition OFFICIAL RULES may not be reproduced or reprinted in part or in their entirety without the express prior written permission of Sponsor(s).
SUBWAY® is a registered trademark of Doctor’s Associates Inc. © 2012 Doctor’s Associates Inc.
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