Subway® 3-Point Play Promotion ("Promotion")
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER, PARTICIPATE OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. This Promotion is intended for viewing and participation in the 50 United States and Washington D.C. only and shall be construed and evaluated according to the laws of the 50 United States and Washington D.C. Please do not enter if you are not a legal resident of, and not located in, 50 United States or Washington D.C. at time of entry. OPEN TO ELIGIBLE legal residents of the fifty (50) United STATES AND District of Columbia who are at least Thirteen (13) years old as of date of entry. By entering the Promotion, an entrant will be deemed to abide by and consent to these Official Rules. An entrant must continue to comply with all terms and conditions of these Official Rules throughout the Promotion Period. INTERNET ACCESS AND EMAIL ADDRESS REQUIRED TO ENTER. FREE INTERNET ACCESS IS AVAILABLE AT MANY PUBLIC LIBRARIES.
1. PROMOTION OVERVIEW: The Subway® 3-Point Play Promotion consists of a 3-Point Shoot Out Game ("Shoot Out Game") and an Instant Win Game ("Instant Win Game"), each of which will allow you to earn entries into the Grand Prize Sweepstakes ("Sweepstakes"). For enhanced enjoyment of the Promotion and for additional chances to win the Sweepstakes, obtain and use the codes ("Codes") described below, to play the Shoot Out Game and the Instant Win Game to earn up to a maximum of One Hundred Forty (140) entries into the Sweepstakes. You can also win daily prizes in the Instant Win Game.
2. Eligibility: The Promotion is open only to legal residents of the fifty (50) United States and District of Columbia) who are at least 13 years old as of the date of entry. Officers, directors and employees of the Subway Franchisee Advertising Fund Trust, Doctor's Associates Inc., SUBWAY® restaurants, PrizeLogic LLC ("PrizeLogic"), the CDM Company, Frito-Lay, Inc., The Coca-Cola Company, American Airlines, Inc., DIRECTV Inc., the Microsoft Corporation and their respective parent, subsidiary and affiliate companies, suppliers and the members of each of their household and immediate family (spouse, parents, siblings and children and each of their household members), collectively referred to as "Sponsor & Others", are not eligible to enter or win.
3. Sponsor: The sole sponsor of the Promotion is: Subway Franchisee Advertising Fund Trust Ltd., 488 Wheelers Farms Road, Milford, CT 06461 ("Sponsor").
4. How to Enter THE PROMOTION: The Promotion starts on 2/9/09 at 12:00 A.M. Eastern Time ("ET") and ends on 4/19/09 at 11:59 P.M. ET ("Promotion Period"). To register and enter the Promotion, go to www.subwayfreshbuzz.com ("Website") during the Promotion Period, and enter your valid email address. PrizeLogic's computer is the official clock for this Promotion.
5. HOW TO PARTICIPATE IN THE SHOOT OUT GAME ("Shoot Out Game"): Upon your initial registration for entry into the Promotion and on each succeeding day during the Promotion Period that you visit the Website and enter your email address, you will automatically receive a Complimentary Daily Entry Code ("Complimentary Code") which will give you one opportunity to play the Shoot Out Game and Instant Win Game. To play the Shoot Out Game, follow the on-screen instructions to digitally shoot three (3) basketballs from three (3) different spots on the screen to score Shoot Out Game points. A record will be automatically kept of the Shoot Out Game points you have scored. Each time you score fifty (50) Shoot Out Game points, you will earn one (1) Credit up to a maximum of five (5) Credits that will be automatically deposited into your Personal Account on the Jump Page. (More specifically, 50 Shoot Out Game points earns you one (1) Credit; one hundred (100) Shoot Out Game points earns you two (2) Credits; one hundred fifty (150) Shoot Out Game points earns you three (3) Credits; two hundred (200) Shoot Out Game points earns you four (4) Credits; and two hundred fifty (250) Shoot Out Game points earns you five (5) Credits. You cannot earn more than five (5) Credits by playing the Shoot Out Game regardless of your Shoot Out Game point score. Each Credit earns you an additional opportunity to play the Shoot Out Game, an additional opportunity to play the Instant Win Game, and an additional entry into the Sweepstakes. After you have shot your last basketball, the Shoot Out Game clock will stop, your game will be over, and your participation in the Instant Win Game will be automatically activated. You may also obtain additional opportunities to play the Shoot Out Game by obtaining and using Daily Rules Codes, Subway® Codes, or Tell-A-Friend Codes, as more specifically described in Rule 7 below. NOTE: Regardless of the Codes you use, you are allowed up to a maximum of one hundred forty (140) opportunities to play the Shoot Out Game throughout the Promotion Period. On any given day, you may choose not to participate in the Shoot Out Game and only participate in the Instant Win Game for an opportunity to win an Instant Win Game prize and earn an entry into the Sweepstakes.
6. HOW THE INSTANT WIN GAME WORKS: Upon registering to participate in the Promotion and on each succeeding day during the Promotion Period that you visit the Website and enter your email address, after you have either completed your Shoot Out Game play (or after you have chosen not to participate in the Shoot Out Game), you will automatically receive a Complimentary Code and you will receive a message informing you whether or not you are a potential Instant Win Game winner ("Instant Winner") and, if you are a potential winner, the prize you have won, subject to verification. If you are a potential Instant Winner, you will be directed to an Information Screen which will ask you to provide your name, complete address and phone number. Even if you are not a potential Instant Winner, you will receive one (1) entry into the Sweepstakes. You may also receive additional opportunities to play the Instant Win Game by obtaining and using Credits, Daily Rules Codes, Subway® Codes, or Tell-A-Friend Codes, as more specifically described herein. Regardless of which Code you use or if you use a Credit, it will allow you one (1) opportunity to play the Instant Win Game and earn you one (1) entry into the Sweepstakes. In order for you to be a potential Instant Winner, your automatic game play ("Game Play") must have occurred either at the exact randomly predetermined winning time as determined by Sponsor and/or PrizeLogic, or if no Game Play has occurred at the exact randomly predetermined winning time, then it must be the Game Play that occurred at the closest time following the randomly predetermined winning time (e.g., if one of the randomly predetermined winning times is 2:00 p.m. ET and a participant is the first to log on and make a Game Play at or after 2:00 p.m. ET, he or she will be an instant winner of the prize assigned to that time slot, subject to verification). All potential Instant Win Game Winners are subject to verification by Sponsor or PrizeLogic, whose decisions are final and binding in all matters related to the Promotion. An entrant is not a winner of any prize, even if the Instant Win Game message should so indicate, unless and until the potential Instant Win Game Winner has been verified and s/he has been notified that verification is complete. If the Instant Win Game Winner is not of the age of majority in his/her state of residence ("Minor Instant Win Game Winner"), the Direct TV Prize Package and the American Airlines Travel Authorization Certificate Prize will be awarded in the name of his/her parent/legal guardian. The potential Instant Win Game Winner, or the parent/legal guardian of a Minor Instant Win Game Winner of the aforementioned prizes shall be required to sign and return a notarized Affidavit of Eligibility/Compliance (including, without limitation, providing his/her respective Social Security Number for tax purposes) and a Liability/Publicity Release, as allowed by state law, by the return date specified in the prize notification letter or the Instant Win Game Prize will be forfeited. Sponsor will not accept screen shots or other evidence of winning in lieu of Sponsor's verification process.
7. OBTAINING & USING CODES: Codes can be obtained and used as follows:
(A) Complimentary Daily Entry Codes ("Complimentary Code"): Upon registering to participate in the Promotion and on each succeeding day during the Promotion Period that you visit the Website and enter your email address, you will automatically receive one (1) Complimentary Code. The maximum number of Complimentary Codes you may receive during the Promotion Period is seventy (70) codes. A Complimentary Code must be used on your first visit to the Website on the day you received it; it may not be saved to your Personal Account.
(B) Daily Rules Codes ("Rules Codes"): Each day during the Promotion Period, a different Rules Code will appear in, or can be obtained by visiting, the Promotion's Official Rules webpage. After you have followed the instructions to obtain that day's Rules Code, you should write it down and use it to play the Shoot Out Game/Instant Win Game or copy and save it into your Personal Account on the Jump Page. The maximum number of Rules Codes you may receive during the Promotion Period is seventy (70) codes.
(C) Subway® Codes: A maximum of thirty-six (36) different Subway® Codes may be obtained. Subway® Codes may be obtained in several different ways. No Subway® Code may be used more than once during the Promotion Period per email address:
(1) A maximum of thirty-one (31) Subway® Codes may be obtained during the Promotion Period by a purchase at a participating Subway® store: (a) Receipt Codes (15): One of fifteen (15) different Receipt Codes will appear on your cash register receipt when you purchase one of the products listed in (b) or (c); (b) Cup Codes (10): Each 32 oz. cup of Coca Cola® you purchase, while supplies last, will contain one of ten (10) different Cup Codes; (c) Doritos® Codes (6): Each package of Doritos® Spicy Sweet Chili Chips you purchase, while supplies last, will contain one of six (6) different Doritos® Codes.
(2) A maximum of four (4) Subway® Codes may be obtained, without a purchase, during the Promotion Period from various Subway® promotional materials available at participating Subway locations and/or on the Internet: (a) Smart Curve Panel and/or Register Topper Code (1): You may obtain one (1) Smart Curve Panel or Register Topper code available at participating Subway® stores; (b) Email Blasts (2): You may obtain two (2) Email Blast Codes by having opted-in to receive promotional emails from Sponsor: (c) Banner Ads (1): You may obtain one (1) Banner Ad as available on the Internet.
(3) One (1) Subway Fresh Buzz™ Code may be obtained by opting-in to receive mobile text-messages from the Subway Fresh Buzz™ website. These Subway Fresh Buzz™ text-messages will contain Subway promotional and product information that may be of interest to you. In order to receive such messages and a total of one (1) Subway Fresh Buzz™ Code, you must be a wireless service subscriber with two-way capable text-messaging service, using a participating service provider. Once you have opted in to receive mobile text- messages and a Subway Fresh Buzz™ Code from Subway Fresh Buzz™, you will receive a text-message confirming receipt of your submission. You may opt-out from participating in this Promotion via this method at anytime by texting STOP to 782929. NOTE: Your wireless service provider may charge you standard text messaging rates for each text message you send and receive. Please consult your wireless service providing regarding their pricing plans. Not all cellular phone providers carry the necessary service to participate. Please check your phone's capabilities for specific text-messaging instructions.
(D) Tell-A-Friend Codes: A maximum of four (4) Tell-A-Friend Codes may be obtained. You will receive one (1) Tell-A-Friend ("TAF") Code for each different family member and/or friend you refer, up to a maximum of four (4) family members of friends, with whom you have an existing personal relationship and who you think would be interested in receiving an email from Sponsor inviting them to participate in the Promotion and that will also include your personal player stat card containing your name, shots made, shots missed, completion percentage, personal high score, etc. By so referring a family member or friend, you are deemed to give Sponsor permission to include your personal player stat card.
(E) Saving Codes/Credits: Except for your Complimentary Daily Codes which must be used as stated in Rule 7(A), after you have logged into the Website, you can enter and save your various Codes and your Credits you earned in the Shoot Out Game into your Personal Account on the "Jump Page" after you have logged into the Website. Once you have saved your Codes into your Account, you may use your Codes or Credits whenever you wish to play the Shoot Out/Instant Win Games during the Promotion Period.
(F) Use of Codes/Credits and Shoot Out/Instant Win Game Plays: Provided you have a sufficient number of Codes and/or Credits, each day during the Promotion Period you will have up to three (3) opportunities to play the Shoot Out/Instant Win Games until you have played a maximum of a total of one hundred forty (140) Shoot Out/Instant Win Games. Each opportunity will require the use of one (1) of your Codes and/or Credits. For example, you can use your Complimentary Code, a Rules Code, one of the various Subway® Codes and/or Tell-A-Friend Code; each day for three opportunities to become an Instant Winner and for three (3) entries into the Sweepstakes; however, regardless of the number of Codes and Credits you have obtained, you are limited to a maximum of a total of one hundred forty (140) Shoot Out/Instant Win Game plays and one hundred forty (140) Sweepstakes entries.
8. HOW THE SWEEPSTAKES WORKS: Each time you use a Code or Credit to play the Shoot Out Game (or opt-out of playing the Shoot Out Game) or participate in the Instant Win Game, you will receive one (1) entry into the Sweepstakes, up to a maximum of one hundred forty (140) entries. On or about 04/20/09, a random drawing will be conducted by PrizeLogic, the independent agency administering this Promotion, to select the name of the potential Sweepstakes winner ("Sweepstakes Winner") from among all of the eligible entries received. PrizeLogic's decisions shall be final in all matters pertaining to the Promotion. The potential Sweepstakes Winner will be notified by phone or email on or about 04/21/09. If the Sweepstakes Winner is not of the age of majority in his/her state of residence ("Minor Sweepstakes Winner"), the Sweepstakes Prize will be awarded in the name of his/her parent/legal guardian. The potential Sweepstakes Winner, or the parent/legal guardian of a Minor Sweepstakes Winner, will be required to sign and return a notarized Affidavit of Eligibility/Compliance (including, without limitation, providing his/her respective Social Security Number for tax purposes) and a Liability/Publicity Release, as allowed by state law, by the return date specified in the prize notification letter or the Sweepstakes Prize will be forfeited, and time allowing, awarded to an alternate potential Sweepstakes Winner. The potential Sweepstakes Winner's guest(s), or his/her respective parents/legal guardian if the guest is not of the age of majority in his/her state of residence ("Minor Guest"), will also be required to sign and return a Liability/Publicity Release, as allowed by state law, by the return date specified by Sponsor. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate potential Sweepstakes Winner may result from any of the following: (a) potential Sweepstakes Winner's failure to respond to notification within the time specified by Sponsor after its transmission; (b) the return of an email notification as undeliverable after three (3) attempts; (c) potential Sweepstakes Winner's failure to provide Sponsor with satisfactory proof of age, identity and residency; (d) potential Sweepstakes Winner's failure to execute and return an Affidavit of Eligibility/Compliance (including, without limitation, providing his/her respective Social Security Number for tax purposes) and a Liability/Publicity Release by the return date specified by Sponsor, regardless of the cause of such failure; (e) potential Sweepstakes Winner's failure to be available to utilize the Sweepstakes Prize on the dates set forth herein; (f) potential Sweepstakes Winner's guests' failure to execute and return a Liability/Publicity Release by the return date specified by Sponsor, regardless of the cause of such failure; or (g) any other non-compliance with the Official Rules. In the event of a dispute as to the identity of the Sweepstakes Winner based on an email address, the winning entry will be declared made by the authorized account holder of the email address submitted at time of entry. Winners will also be issued a Form 1099 in the amount of the actual retail value of the Grand Prize, as required by law. The odds of being selected as the potential Sweepstakes Winner depend upon the total number of all eligible entries received.
9. INSTANT WIN GAME PRIZES/ODDS OF WINNING:
(A) Xbox 360® Prizes (560): One (1) Instant Win Game Winner, once each hour starting 12:00 P.M., ET (Noon) and 7:59:59 P.M., ET during the period beginning 2/9/09 and ending 4/19/09, will receive a Microsoft® Xbox 360® Pro Console (ARV: $299; Total ARV of 560 Xbox Consoles: $167,440).
(B) Direc TV Prize Package, American Airlines Travel Certificates, iPod Shuffle®, and $5 SUBWAY® Card Prizes: In addition to the Xbox 360® prizes listed in (A) above, other Instant Win Game prizes available to be won consist of the following:
Prize
Description of Prize
Qty
ARV (Total ARV)
DIRECTV Prize Package
A 12-month subscription to the DIRECTV® PREMIER™ programming package, DIRECTV® DVR service and HD Access, NBA LEAGUE PASS, ESPN FULL COURT AND NCAA® MEGA MARCH MADNESS® (for one season each), an HDTV, and a 4-room DIRECTV® System with one HD DVR receiver including installation.
10
$2,997 each ($29,970)
American Airlines Travel Authorization Certificate
Two (2) American Airlines Travel Authorization Certificates (each a "Travel Certificate"), which are subject to American Airlines Travel Certificate Terms stated below.
25
$1,500 for each Travel Certificate prize ($37,500)
iPod Shuffle®
Apple® - iPod Shuffle® 1GB
100
$49 each ($4,900)
Subway® Cards
$5 SUBWAY® Cards. Card must be used in compliance with its terms and conditions and as allowed by law.
11,000
$5 each ($55,000)
Total
11,135
$127,370
(C) Additional Information Regarding Instant Win Game Prizes: Total approximate retail value of all Instant Win Game prizes available to be won: USD $294,810. As stated in Rule 6 above, If the potential Instant Win Game Winner of the DirectV® Prize Package or American Airlines Prize is a Minor Instant Win Game Winner, his/her parent must sign all required documents on his/her behalf and accompany the Minor Instant Win Game on all travel if the Minor Instant Win Game Winner has won the American Airlines Prize., the Instant Win Game Prize will be awarded in the name of his/her parent/legal guardian. The potential Instant Win Game Prize Winner, or the parent/legal guardian of a Minor Instant Win Game Prize Winner, shall be required to sign and return a notarized Affidavit of Eligibility/Compliance (including, without limitation, providing his/her respective Social Security Number for tax purposes) and a Liability/Publicity Release, as allowed by state law, by the return date specified in the prize notification letter or the Instant Win Game Prize will be forfeited. They will also receive a Form 1099 in the amount of the actual retail value of the prize. Additionally, the parent/legal guardian of a Minor Instant Win Game Winner of the American Airlines Prize must accompany the Minor Instant Win Game on all travel. Regardless of Prize won, it must be accepted as awarded and is not redeemable for cash, transferrable or substitutable, except by Sponsor in its sole discretion with one of comparable or greater value. All costs not specifically included above, including but not limited to incidental travel expenses, federal, state and local taxes, are solely each Instant Winner's responsibility. Limit: One Instant Win Game prize per person or household address.
The DIRECTV® Prize Package shall consist of, and be subject to, the following: For non-DIRECTV® customers: One (1) [37" Brand, make/model of the television to be determined by DIRECTV at a later date] High-Definition television; a DIRECTV® System for up to 4 rooms including one HD DVR Receiver (1 DIRECTV® HD DVR Receiver with remote, 3 standard DIRECTV® Receivers with remotes and Slimline dish) with standard professional installation for a residential setting; and subscriptions to twelve (12) consecutive months of the DIRECTV® PREMIER programming package (approximately $104.99/mo.), DIRECTV® HD Access (approximately $9.99/mo.) and DIRECTV® DVR service (approximately $5.99/mo.), plus subscriptions for one season each of NBA LEAGUE PASS, ESPN FULL COURT and NCAA® MEGA MARCH MADNESS®.
For DIRECTV® customers: One (1) [37" Brand, make/model of the television to be determined by DIRECTV® at a later date] High-Definition television; one upgrade to a HD DVR System (including standard professional installation, if necessary), subscriptions to twelve (12) consecutive months of the DIRECTV® PREMIER programming package (approximately $104.99/mo.), DIRECTV® HD Access (approximately $9.99/mo.) and DIRECTV® DVR service (approximately $5.99/mo.), plus subscriptions for one season of each of NBA LEAGUE PASS, ESPN FULL COURT and NCAA® MEGA MARCH MADNESS®.
Complimentary twelve (12) months of DIRECTV® services may be provided by way of a bill credit in one lump sum. Winner is solely responsible for sports subscriptions, premium services, pay per view purchases and any other programming upgrades or selections not provided for as part of the foregoing DIRECTV® Prize Package description. The DIRECTV® System is intended to be a primary 4-room system for DIRECTV® Prize Package winner's receipt of DIRECTV® programming. If DIRECTV® Prize Package winner has or adds additional DIRECTV® Receivers in excess of 4, then DIRECTV® Prize Package winner is solely responsible for the $4.99/mo. mirroring fee charged by DIRECTV® for separate programming on the fifth and each additional TV.
Complimentary services as described above will automatically discontinue once credit is exhausted, or at the end of twelve (12) consecutive months of service (whichever comes first), unless DIRECTV® Prize Package Winner calls DIRECTV® to continue service at the regular monthly price(s). Sports subscriptions automatically continue each season at a special renewal rate, provided DIRECTV® carries these services, unless customer calls to cancel prior to the start of the season. Subscriptions are subject to applicable sales tax. Bill credits, if any, may not be redeemed for cash. Note: To be eligible to win the DIRECTV® Prize Package, each winner must have (at time of entry, and until prize is awarded in its entirety) a land-based, residential phone line, because all DIRECTV® Receivers must be continuously connected to the same land-based phone line. Receipt of DIRECTV® programming is subject to the terms of the DIRECTV® Customer Agreement; a copy of which is provided at directv.com/legal and in first bill. The DIRECTV® System can only be installed in a residential dwelling with an area under the exclusive use and control of the DIRECTV® Prize Package Winner. DIRECTV® System must have an unobstructed view of the southern sky. Certain other restrictions and conditions apply. Must be 18 years or older to activate DIRECTV® service.
The American Airlines Travel Certificates Prize consists of: AMERICAN AIRLINESTRAVEL AUTHORIZATION CERTIFICATE TERMS: Authorization Certificates (each a "Travel Certificate") may be used to purchase round trip coach air travel wholly on American Airlines or their Airline Associates ( American Eagle or the AmericanConnection® carriers). Instant Win Game Travel Certificates are redeemable for air travel from any city served by American Airlines or their Airline Associates in the 48 contiguous United States to the Bahamas, Canada, the Caribbean, Mexico or any other city in the 48 contiguous states. Winners are responsible for any and all insurance and for all federal, state, local and foreign taxes, if any, and for gratuities, meals, incidentals and any other unspecified expenses associated with acceptance or use of the Travel Certificates. Some of these taxes, fees and other amounts may be due upon booking/ticketing the Travel Certificates. Travel Certificates may not be used for business or group travel. Tickets must be issued seven (7) days prior to departure or fourteen (14) days after reservation is made, whichever comes first. If an Instant Win Game Winner or a Sweepstakes Winner is a Minor Sweepstakes Winner, the respective Instant Win Game or Sweepstakes Prize shall be awarded in the name of his/her parent/legal guardian who must sign all required documents on his/her behalf and accompany the Minor Instant Win Game or Sweepstakes Winner. Travel Certificates are subject to airline travel restrictions, government restrictions and regulations and embargo dates. All Winners must have all necessary identification and/or travel documents (e.g. a valid U.S. Driver's license, Passport) required for travel. Travel Certificates are not returnable or redeemable for cash, except where required by law. Lost, stolen or damaged Travel Certificates will not be replaced by either Sponsor or American Airlines. Travel Certificates have no implied warranties and are not credit or debit cards. Travel Certificate redemption is based on availability at the time of reservation, and must adhere to applicable embargo dates. Instant Win Game Travel must take place within one (1) year from the date the Travel Certificates are issued. Expiration date cannot be extended. If the Winner is unable to travel by this date, the prize will be forfeited. Travel using Travel Certificates does not qualify for American Airlines AAdvantage® mileage credit or elite status. American Airlines is not responsible for products or services offered by other participating companies. For complete AAdvantage® program details, visit www.aa.com/aadvantage. American Airlines is not liable for any expense incurred as a consequence of a flight cancellation or flight delay. American Airlines reserves the right to revise the Travel Certificate rules and conditions at any time without notice. The Prize is non-transferable. No cash redemption or prize substitution allowed by winner. American Airlines reserves the right to substitute prize of equal or greater value if advertised prize becomes unavailable. Prize is provided "as is" and without any warranty of any kind. Travel must originate and end at the airport nearest the Winner's home that is served by American Airlines® or their Airline Associates. Travel is subject to availability and certain other restrictions, which are subject to change in the sole discretion of American Airlines®. Winner's guest must be 18 years of age or older if not a member of Winner's immediate family and will be required to execute and return a liability/publicity release (which must also be signed by such guest's parent or legal guardian, if minor in his/her state of residence) prior to travel. Winner and his or her travel companion must travel together on the same itinerary, including the same departure date, destination and return date. No stopovers are permitted on Travel Certificates issued as a prize. If a stopover occurs, the prize will terminate at the stopover point and full fare will be charged for the remaining segments, including the return, of the trip. Prize Provider is not liable for any expenses incurred as a consequence of a flight cancellation or flight delay. Schedules are subject to change without notice. (ARV of each Travel Certificate: $750.00; Total ARV of each Prize: $1,500). Actual Retail Value of prize may vary depending on the city of departure, selected travel dates, airfare fluctuations, and destination chosen by each winner). Any difference between Approximate Retail Value and actual value of prize will not be awarded. NOTE: If the Instant Win Game Winner is a resident of either Alaska or Hawaii, s/he will receive the amount of One Thousand Five Hundred Dollars ($1,500) in lieu of the two (2) Travel Certificates.
D) Odds of Winning an Instant Win Game Prize: The odds of winning an Instant Win Game prize depend on the total number of eligible entries received and the time the entry is received.
10. SWEEPSTAKES PRIZE (1): The Sweepstakes Winner will receive a 3-Point Play Basketball Experience with Tony Parker consisting of four (4) round-trip coach class Travel Authorization Certificates on American Airlines® or their Airline Associates for Sweepstakes Winner and three (3) guests from the major airport closest to Sweepstakes Winner's residence in the 48 contiguous United States to San Antonio, TX; four (4) tickets for Sweepstakes Winner and his/her "teammates" (3 friends) to sit courtside at a San Antonio home game during the 2009/10 Season – (Specific Date to be determined and specified by Sponsor) , watch practice, meet and greet with Tony Parker and shoot hoops with him, subject to Tony Parker's availability; 4 days/3 nights' hotel accommodations (2 standard rooms/double occupancy); ground transportation to/from airport and to/from hotel to game and $5,000 spending money. Total ARV: $15,500 depending on city of origin. All costs and expenses not specifically listed above, including but not limited to any applicable fees, service charges, surcharges or passenger facility charges, beverages, meals, snacks, personal services, mini-bar, souvenirs, insurance, gratuities, etc. are the sole responsibility of the Sweepstakes Winner. All federal, state, and local taxes are also solely the responsibility of the Sweepstakes Winner. Sponsor is not responsible if the meet-and-greet is delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor's sole discretion. Travel is subject to the terms and conditions set forth in these Official Rules and must comply with AMERICAN AIRLINES® TRAVEL AUTHORIATION CERTIFICATE TERMS as set forth in Rule 9 above, except as otherwise specifically noted, e.g., Travel Certificate is valid only from the major airport closest to Sweepstakes Winner's residence in the 48 contiguous United States to San Antonio, TX;. All hotel reservations and accommodations will be as arranged by Sponsor. If the Sweepstakes Winner is a Minor Sweepstakes Winner, the Sweepstakes Prize will be awarded in the name of his/her parent/legal guardian who must sign all required documents on his/her behalf and accompany the minor Sweepstakes Winner. If a guest is a Minor Sweepstakes Winner, s/he must be accompanied by his/her parent/legal guardian at the parent/legal guardian's own expense (if the parent/legal guardian is not one of Sweepstakes Winner's other guests) and said parent/legal guardian must sign all required documents on behalf of the Minor Guest. Sweepstakes Winner and guests must travel on same itinerary. The Sweepstakes Prize is not redeemable for cash; nor is it transferable or substitutable, except by Sponsor with a prize of equal or greater value. If there is a difference between the approximate and actual retail values of the Sweepstakes Prize, Sweepstakes Winner is not entitled to the difference. Sponsor has no responsibility or liability for Sweepstakes Winner's inability to utilize the Sweepstakes Prize. NOTE: If the Sweepstakes Winner is a resident of either Alaska or Hawaii, s/he will receive the amount of One Thousand Five Hundred Dollars ($1,500) in lieu of the two (2) Travel Certificates.
11. CLAIMING YOUR PRIZE: Claiming Instant Win Game Prizes. After the winner eligibility verification process is conducted, all prizes with a value of $600 or less will be mailed to the winner's residential address as provided upon registration. Potential winners of prizes with a value of $600 or more will be contacted by phone, mail or email with instructions on how to claim their prize, including providing their 16 digit confirmation number.
12. Conditions : (A) Compliance with Rules: By participating, participants: (i) acknowledge compliance with these Official Rules including all eligibility requirements and, (ii) agree to be bound by the decisions of the Sponsor and/or Promotion judges, made in their sole discretion, which shall be final and binding in all matters relating to this Promotion. Participants who have not complied with these Official Rules are subject to disqualification.
(B) Conditions: Allow six (6) to eight (8) weeks for verification and shipment of your prize after verification. Sponsor & Others shall not be held responsible for any delays in awarding prizes for any reason outside of their control. Prizes will only be delivered to verified winners. Prizes will be delivered only to street addresses in the United States or Washington, D.C. Prizes will not be delivered to P.O. boxes. Unclaimed prizes will not be awarded. Prizes won with a value greater than $600 by persons who are eligible entrants but considered minors in his/her state of residence will be awarded to a parent or legal guardian who must sign and return all required documentation outlined herein and otherwise comply with all requirements imposed on winner set forth herein. If a potential winner is found to be ineligible, declines to accept a prize or Sponsor is unable to contact a potential winner within a reasonable period, or in the event that a prize confirmation or prize is returned undeliverable, the prize will be forfeited. Before being declared a winner, potential winner (or parent/legal guardian where applicable), may be required to execute and return an Affidavit of Compliance/Eligibility/ & Liability/Publicity Release and a IRS W-9 form within time period specified by Sponsor or its representative, or the prize will be forfeited. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Promotion materials are for illustrative purposes only. All details and restrictions on prizes and prize use not set forth in these Official Rules will be determined by Sponsor in its sole discretion and will be provided to the applicable prize winner upon verification and award of the prize. Prizes will be awarded only if a participant meets all eligibility requirements and fully complies with these Official Rules. If there is a difference between the approximate and actual retail values of any prize, the winner is not entitled to the difference in value. Total ARV of all prizes: USD $310,310.00.
(C) Disputes: If a dispute arises regarding who submitted an online entry, the entry will be deemed to be submitted by the authorized account holder of the email address provided at time of entry. Authorized account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. In no event will the Sponsor be liable for more than the stated number of prizes available in the prize category in question.
13. INTERNET/LIMITATIONS OF LIABILITY: Sponsor & Others are not responsible for interrupted or unavailable network server or other connections; for miscommunications; failed telephone or computer transmissions; for jumbled, scrambled or misdirected entries or transmissions; for phone, electrical, network, computer hardware or software or program malfunctions, failures or difficulties; for other errors, omissions, interruptions, or deletions of any kind, whether human, mechanical or electronic; or for any damage to any person's computer related to participating in the Promotion. Sponsor & Others are not responsible for illegible, unintelligible, late, lost or stolen entries; for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion; or for any technical or human errors which may occur in the processing of any entries in the Promotion. Persons found tampering with or abusing any aspect of the Promotion, as solely determined by Sponsor, will be disqualified and may be subject to prosecution. Any person attempting to enter using multiple email addresses, multiple identities or any other device or artifice to enter multiple times or to interfere with the proper play of the Promotion will be disqualified from participation in the Promotion. If in the judgment of Sponsor, the Promotion is compromised by viruses, bugs, non-authorized human intervention or other causes beyond the control of Sponsor, which corrupt the administration, security, fairness or proper play of the Promotion, Sponsor reserves the right, in its sole discretion, to discontinue, suspend, modify or terminate the Promotion and proceed to select potential Winners in a manner it deems fair and reasonable including, without limitation, the selection of potential Winners in a random drawing from among entries received prior to any such discontinuation, suspension or termination. No more than the stated number of prizes will be awarded. In the event that production, technical, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to conduct a random drawing to award the stated number of prizes from among all eligible claimants.
SPONSOR & OTHERS MAKE NO WARRANTIES OF ANY KIND REGARDING ANY PRIZE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
14. PRIVACY POLICY: Online participation in the Promotion is subject to Sponsor's Privacy Policy as stated at http://subwayfreshbuzz.com/docs/privacy.asp or by writing to SFAFT c/o 488 Wheelers Farms Road, Milford, CT 06461.
15. PUBLICITY RIGHTS: By accepting a prize, each Instant Winner and the Sweepstakes Winner agree to allow Sponsor and/or Sponsor's designees the perpetual right to use his/her name, biographical information, photos and/or likeness, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, world wide, 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.
16. DISPUTES/ GOVERNING LAW: Except where prohibited, by participating in the Promotion, participants 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 Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; and participants 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 be entitled to receive attorneys' fees or other legal costs; (d) under no circumstances will participants be permitted to obtain injunctive or other equitable relief and a participant's sole remedy will be an action at law for damages to the extent allowed by sub-paragraphs (c) and (e) of this Rule 14; and (e) under no circumstances will participants be permitted, and participants 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant and/or Sponsor shall be governed by and construed in accordance with the laws of the State of Michigan without giving effect or regard to any principles or doctrines of conflicts of law of the State of Michigan or any other jurisdiction. If any provision or provisions of these Official Rules shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
17. RELEASE: By participating, each participant (or their parent or legal guardian if an eligible minor) releases and agrees: (a) to indemnify and hold harmless Sponsor & Others and each of their officers, directors, employees and agents from and against any and all costs, claims, damages, or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to participation in the Promotion, or arising out of participation in any Promotion-related activity or travel-related activity, or the receipt, use or misuse, of any travel or activity-related thereto; (b) all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action; (c) that under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys' fees and court costs.
18. GENERAL: By entering the Promotion, participants agree to abide by these Official Rules. In no event will more prizes be awarded than are stated in these Official Rules. The Promotion is subject to all applicable federal, state and local laws. Sponsor reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Promotion; to be acting in violation of these Official Rules; or to be acting with the intent to disrupt the normal operation of the Promotion. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Promotion will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF the PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. ENTRANTS ENGAGING IN ANY OF THE FOREGOING ACTIVITIES MAY BE DISQUALIFIED AND FORFEIT ANY PRIZES WON. Void outside of the 50 United States and District of Columbia and wherever prohibited or restricted by law. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In particular, employees of Sponsor & Others are not authorized to waive, modify or amend any provision or provisions of these Official Rules in any manner whatsoever.
19. winnerS list: To obtain the names of the Instant Win Game and Sweepstakes Winners, send a properly stamped self-addressed envelope, by 4/30/09, to Subway® 3-Point Play Winners List, 35610 Mound Rd., Dept 250, Sterling Heights, MI 48310-4725. Winners' names will be sent after prizes have been awarded to verified winners.
"Xbox 360" is a registered trademark of Microsoft Corporation; "DirecTV" is a registered trademark of DirecTV, Inc.; "Doritos" is a registered trademark of Frito-Lay North America, Inc.
American Eagle and the AmericanConnection® carriers are regional airlines associated with American Airlines, Inc. American Eagle® service is operated by American Eagle Airlines, Inc., or Executive Airlines, Inc., each of which is a wholly owned subsidiary of the parent company of American Airlines. AmericanConnection® service is operated by Chautauqua Airlines, Inc. or Trans States Airlines, Inc., each of which is an unaffiliated independent contractor.
AAdvantage, AmericanAirlines, American Eagle, Executive Airlines and AmericanConnection are registered marks of American Airlines, Inc.; "Coca Cola" and the Red Disk Icon are registered trademarks of The Coca-Cola Company. Third party marks for ESPN®, Mega March Madness®, the NBA® and the NCAA® are used under license to DIRECTV® and such parties are not participants in or sponsors of this promotion.
"iPod shuffle" is a registered trademark of Apple Computer, Inc. All rights reserved. Apple Computer, Inc. is not a participant in or sponsor of this promotion.
SUBWAY® is a registered trademark of Doctor's Associates Inc.
The Subway® 3-Point Play Official Rules may not be reproduced or reprinted in part or in their entirety without the express prior written permission of the Subway Franchisee Advertising Fund Trust.
© 2009 Doctor's Associates Inc.