Promotion Official Rules

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Updated as of December 29, 2017

FOCUS BRANDS 2018 GLOBAL FRANCHISE CONFERENCE

PROMOTION OFFICIAL RULES

 

NO PURCHASE NECESSARY TO ENTER OR WIN.  PURCHASE WILL NOT INCREASE ODDS OF WINNING. VOID WHERE PROHIBITED BY LAW. BY PARTICIPATING IN THE PROMOTION, EACH PARTICIPANT 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 PROMOTION. WINNING THE PRIZE IS CONTINGENT UPON FULFILLING ALL REQUIREMENTS SET FORTH HEREIN.

Sweepstakes Table of Contents

PROMOTION PERIOD

The FOCUS Brands 2018 Global Franchise Conference Promotion (the “Promotion”) will take place on April 10, 2018 and will consist of seven (7) separate, random drawings.

ADMINISTRATOR & SPONSOR

The Promotion is administered and sponsored by FOCUS Brands Inc. (“Sponsor”).

ELIGIBILITY

The Promotion is open to both domestic and international franchisees (each, a “Franchisee”) of Auntie Anne’s Franchisor SPV LLC (“Auntie Anne’s”), Carvel Franchisor SPV LLC (“Carvel”), Cinnabon Franchisor SPV LLC (including international Seattle’s Best Coffee® (“SBC”) franchisees) (“Cinnabon”), Moe’s Franchisor SPV LLC (“Moe’s”), McAlister’s Franchisor SPV LLC (“McAlister’s”), and Schlotzsky’s Franchisor SPV LLC (“Schlotzsky’s”) (each, a “Brand”). Franchisee must be in compliance with any applicable franchise or development agreement(s) or any other related agreements at time of winning, if applicable. Franchisee may not be in operational or monetary default and may not be in arrears on royalty or other payments at time of winning, if applicable.  The term “Franchisee” includes (i) all affiliated franchisees (and franchisees are affiliated if any franchisee controls, is controlled by or is under common control with another franchisee, where control may be by either management authority, contract or equity interest) and (ii) all franchisees who share a primary contact, as shown on the records of the sponsor (“Primary Contact”).

HOW TO ENTER

All Franchisees who have a least one representative registered for the FOCUS Brands 2018 Global Franchise Conference (“Conference”) on or before March 30,2018_will be automatically entered into the Promotion. A Franchisee may also enter the Promotion without registering for the Conference by sending a 3” x 5” card on which the Franchisee has hand-printed its name and address to: Focus Brands Inc., 2018 Conference Promotion, Attn: Legal Department, 5620 Glenridge Drive NE, Atlanta GA 30342. Mail-in entries must be received on or before March 30, 2018. Sponsor is not responsible for lost, late, mutilated, misdirected, illegible, incomplete or postage due mail-in entries. Each Franchisee will be entered into a pool for the Brand of which it is a Franchisee (each, a “Pool”) with all international Franchisees being placed into a separate, non-brand specific Pool (e.g., all domestic Franchisees of Cinnabon will be entered into a Pool; all domestic Franchisees of Moe’s will be entered into a separate Pool; and all international Franchisees of any Brand will be entered into a separate Pool). This will result in seven (7) separate Pools. A Franchisee will only be entered one (1) time into one (1) Pool; thus, any Franchisee who is a Franchisee of more than one Brand will be entered into the Pool of the Franchisee’s primary Brand, as determined by Sponsor, in its sole discretion.

RANDOM DRAWING/ODDS

Exactly seven (7) prizes will be awarded during the Promotion (each, a “Prize”), one from each Pool established. On April 10, 2018, Sponsor will select one (1) Franchisee (each, a “Winner”) from each Pool through random drawing from among all eligible Franchisees in the applicable Pool; seven (7) total Winners will be selected. Drawing will be held on April 10, 2018 at the Gaylord Palms Resort & Convention Center in Kissimmee, FL during the Focus Brands 2018 Global Franchise Conference. Limit one (1) Prize per Franchisee.

NOTIFICATION

The Winners will be announced over the loudspeaker at the time of drawing. In the event that the Winner fails to respond to notification at the time of drawing, the Winner will be notified via telephone or email using the Primary Contact’s telephone number or email address as shown in the records of the Sponsor. If the Winner fails to respond to phone or email notification within twenty-four (24) hours, a new Winner may be selected. The Winner will be obligated to sign and return (i) an Affidavit of Eligibility and Release of Liability and (ii) an Internal Revenue Service W-9 Form prior to receiving Prize. Winner selection is under the supervision of Sponsor, whose decisions are final. Disqualification and the selection of an alternate Winner may result from any of the following: (a) potential Winner’s failure to respond to notification at the time of drawing; (b) the return of any Prize as undeliverable or unclaimed; (c) potential Winner’s failure to execute and return the Affidavit of Eligibility and Release of Liability and/or an Internal Revenue Service W-9 within twenty-four (24) hours of receipt; and/or (d) other non-compliance with these Official Any unclaimed and/or unused portion of any Prize package will be forfeited and will not be substituted. Sponsor, in its sole discretion, may refuse to award the Cash Prize to a potential Winner if Sponsor determines, in its sole discretion, that awarding such prize is not permitted under or may violate U.S. or other applicable law.

PRIZES

A Prize shall be awarded to the Winner selected from each Pool. There are exactly seven (7) Prizes available to be won in the Promotion, one (1) Prize per Pool, as follows:

 

 

Pool

Number of Prizes Awarded

 

Prize

 

Approximate Retail Value (ARV)

Domestic Franchisees of Auntie Anne’s

1

2017 Nissan NV 200 Van

$19,748.28 USD

Domestic Franchisees of Carvel

1

2017 Nissan NV 200 Van

$19,743.28 USD

Domestic Franchisees of McAlister’s

1

2017 Nissan NV 200 Van

$19,743.28 USD

Domestic Franchisees of Cinnabon

1

2017 Nissan NV 200 Van

$19,743.28 USD

Domestic Franchisees of Moe’s

1

2017 Nissan NV 200 Van

$19,743.28 USD

Domestic Franchisees of Schlotzsky’s

1

2017 Nissan NV 200 Van

$19,743.28 USD

International Franchisees of Auntie Anne’s, Carvel, Cinnabon (including SBC), Moe’s, McAlister’s and Schlotzsky’s

 

1

Twenty Thousand Dollars

($20,000.00) USD

 

$20,000 USD

 

The total ARV of all Prizes to be won is $118,716.40 USD.

All trademarks are property of their respective owners, and are herein used for purposes of Prize description only. Such use is not intended to suggest or imply the sponsorship, endorsement, or the approval of this Promotion by the owners of said trademarks.

CONDITIONS

Winner is responsible for any and all taxes, title, registration, plate fees, documentation fees, full-coverage insurance, and for all costs associated with the Prize vehicle and any other expenses related to the acceptance and use of the Prize (collectively, “Taxes and Fees”), except in those states where applicable law provides that the Winner is not responsible for sales tax on the Prize vehicle (e.g. Wisconsin). Winner must have a valid U.S. driver’s license and proof of insurance to take delivery of Prize vehicle. Vehicle awarded may differ from any vehicle shown in Promotion materials. Vehicle color, options and equipment will be determined by Sponsor in its sole discretion. If vehicle awarded to Winner has a value of less than $20,000, Winner will not receive the difference in cash. Prize vehicles will be delivered to Winners within a reasonable period of time, weather permitting. Costs of transportation and delivery of Prize paid by Sponsor. Winner of Cash Prize must present a valid passport and provide any additional information or documentation requested by Sponsor to comply with U.S. or other applicable law. Cash Prize may be awarded in the form of a wire or other electronic transfer, at Sponsor’s sole discretion. Cash Prize will be delivered to Winner within a reasonable period of time. All Prizes under this Promotion are awarded “AS IS”. Sponsor does not make or offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Promotion or any Prize. Prize details and availability are subject to change, in which case a Prize of equal or greater value may be substituted at Sponsor’s sole discretion. Prizes consist only of the items listed herein, are non-transferable, with no substitution or extension except at Sponsor’s sole discretion. Federal, state, or local taxes on Prizes, if any, and any other costs, fees or expenses not listed above are the sole responsibility of each Winner. Sponsor or its designated agent may issue an IRS Form 1099 to the Winners for Prizes with an ARV of $600.00 or more. Prize values are in U.S. currency. Prizes are not transferable. Entrants agree to be bound by these Official Rules and the decisions of Sponsor. Sponsor is not liable for award of any Prize to entrants who have violated these official rules, or committed fraud or deception in participating in the Promotion or claiming the Prize. Promotion subject to all federal, state, provincial and local laws and is void wherever prohibited by law. By acceptance of a Prize, Winner consents to the use of his or her name, photograph, likeness, picture, portrait, voice, biographical information and/or any statements made regarding the Promotion or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. By accepting a Prize, Winners agree to release and hold harmless Sponsor and its parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with preparation for, or participation in, the Promotion, or possession, acceptance and/or use or misuse of the Prize or participation in any Promotion-related activity. No representations of Sponsor or Sponsor’s affiliates in any form may be construed as tax advice. It is Winner’s responsibility to consult a qualified tax professional.

ADDITIONAL TERMS

Sponsor is not responsible for, and entrants release Sponsor from, any failures of any kind, whether caused by computer, technical, or human error, which may either limit the entrant’s ability to submit an entry, claim or collect a Prize, or otherwise participate in this Promotion, or either’s ability to include all eligible entries, conduct random drawings, notify potential Winners, or otherwise execute this Promotion in the manner intended. Entrants further release and agree to indemnify Sponsor and its parent companies, subsidiaries, affiliates, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, claims or actions of any kind whatsoever arising from injuries, damages, or losses to persons or property which may be sustained in connection with this Promotion including, but not limited to: (a) the receipt, ownership or use of any Prize awarded; (b) any typographical or other error in these Official Rules or any other materials disseminated by Sponsor; and (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with any equipment, systems, networks, lines, satellites, servers, computers, or providers used by an entrant or Sponsor. Entrants assume all risk of loss, damage, destruction, delay or misdirection of materials/mail/email submitted to Sponsor. As a condition of participating, entrants agree that (1) under no circumstances will any entrant be permitted to obtain awards for, and each entrant hereby waives all rights to claim punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses, (2) all causes of action arising out of or connected with this Promotion, or any Prizes awarded, shall be resolved individually, without resort to any form of class action; and (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event including attorneys’ fees. The laws of the State of Georgia govern this Promotion and any dispute regarding the Promotion shall be resolved only in a state or federal court for Atlanta, Georgia.

LIST OF WINNERS

Information regarding the Winners will be available by sending a stamped, self-addressed envelope to: FOCUS Brands Inc., 5620 Glenridge Drive NE, Atlanta, Georgia 30342.

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