Potbelly’s Contest Rules

CONTEST RULES

MUST BE AT LEAST 18 YEARS OLD TO ENTER

THIS CONTEST IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, RULES, AND REGULATIONS. NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER IN THE CONTEST. MAKING A PURCHASE OR PAYMENT WILL NOT INCREASE THE AMOUNT OF OR ANY CHANCES OF WINNING. THIS CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW, WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET.

IN ADDITION TO THESE RULES, THIS CONTEST AND ALL ENTRIES ARE SUBJECT TO THE TERMS OF SERVICE (THE “TERMS OF USE”), PRIVACY POLICY, AND ALL OTHER APPLICABLE NOTICES POSTED BY CHIVE MEDIA GROUP, LLC, AVAILABLE AT THE FOLLOWING URLS: WWW.CHIVEMEDIAGROUP.COM/LEGAL/TERMS; & WWW.CHIVEMEDIAGROUP.COM/LEGAL/PRIVACY. IF THERE IS ANY CONFLICT BETWEEN THESE CONTEST RULES AND ANY PROVISION OF THE TERMS OF USE, THESE RULES WILL GOVERN.

ACCEPTANCE OF RULES.

By entering this Contest, you fully and unconditionally accept and agree to these Rules and to all decisions made by Administrator, which are final and binding on all matters related to the Contest.

ADMINISTRATOR AND SPONSOR.

This Contest is administered by Chive Media Group, LLC (“Administrator”). This Contest will be conducted under the supervision of Administrator.

ELIGIBILITY TO ENTER.

This Contest is only open to legal U.S. residents of the 50 United States and the District of Columbia, who are at least 18 years old as of the beginning of the applicable Contest Period (defined herein). By entering this Contest, you represent and you are at least 18 years of age. Employees of the Administrator and/or their respective parents, subsidiaries, and affiliates, and employees of any advertising or promotion agencies or any other entity involved in the sponsorship, conducting, or development of this Contest, and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) or household members are not eligible to enter.

CONTEST OVERVIEW.

Contest Entities are giving away a $100 Potbelly Sandwich Shop gift card to three individuals who submit the best argument for which cheese is best on a cheesesteak: Provolone or Whiz.

HOW TO ENTER.

To Enter: Comment your best argument in the comment section of one of theCHIVE’s social media posting (Facebook, Instagram, or Twitter), explaining why either Whiz or Provolone is the cheese that belongs on a Cheesesteak.

You may only enter this Contest ONE (1) time. You may only enter on behalf of yourself; you may not enter this Contest on behalf of any other person. The owner of the account used to submit the entry will be deemed the entrant into the Contest. You may be required to show proof of ownership of your account used to enter this Contest.

TIMING OF ENTRIES.

This Contest is only open for entry, and you may only enter this Contest, during the following period:

Contest begins on Wednesday, October, 17th 2018 at 1pm CST
Contest ends on Thursday, October, 18th 2018 at 11:59 pm CST

WINNER JUDGING

At the end of the Contest Period, Administrator will select THREE (3) winners of the Contest (the “Winners”), from all eligible entries. The Winners will be the entrant who comments the best argument for which cheese goes on a cheesesteak: Whiz or Provolone, as judged by the Administrator, in its sole discretion. The Administrator’s judgment will be final and binding.

ENTRY RESTRICTIONS.

General Restrictions. All entries must conform to Administrator’s Terms of Use, as determined by Administrator in its sole discretion. You may not submit any entry that: (a) is unlawful, harmful, pornographic, obscene, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way; (b) harasses, degrades, intimidates, or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (c) is false, deceptive, misleading, deceitful, or fraudulent; (d) promotes illegal activities or is otherwise in violation of any law, rule, or regulation; (e) can be reasonably be expected disparage or adversely affect the reputation or commercial interests of Administrator; (f) violates or infringes on the rights of any third party; (g) may subject Administrator or any other person or entity to any civil or criminal liability; (h) you do not own all right, title, and interest in and to.

Ownership Restrictions. You must be the sole owner of all right, title, and interest (including all copyrights and any other intellectual property rights therein) in and to all your entries.

Third-Party Materials and Likenesses. If your entry uses, features, incorporates, or has displays therein any materials, works, content, music, performances, compositions, or trademarks owned by a third party (“Third-Party Materials”), or the name, image, likeness, voice, identity, social media ID, statement, hometown, and biographical information (collectively “Likeness”) of any person, then you must have, from the respective owner, full clearance, consent, and permission to use, feature, incorporate, and/or display those Third Party Materials and/or Likenesses in your entry and in connection with your entry into this Contest. If you do not have such clearance, consent, or permission, do not submit any such entry.

PRIZES.

Prize Description. The Contest prizes are as follows (each a “Prize”):

• The Three (3) Winners will receive a $100 Potbelly Sandwich Shop gift card

The actual retail value of the Prize may be different from the stated approximate retail value, due to taxes, processing fees, market conditions, changes in values/rates of components; and if so, Winner will not be entitled to receive any difference in value.

Payment Format.

Once selected as Winner, Administrator will be in contact via Winner’s social media account to begin logistics and shipment discussions for $100 Potbelly Sandwich Shop gift card.

Prize Restrictions. Prizes are non-transferable and has no cash redemption or substitution value, except that Administrator, in its discretion, reserves the right to change or replace the Prize at any time with one of greater or comparable value if any part of the Prize becomes unavailable for any reason. Administrator will not be responsible for or replace any lost or stolen Prizes. To be awarded and claim the Prize, the Winner must meet all eligibility requirements, comply with these rules, and be otherwise ready, willing, and able to claim the Prize. No more than the stated number of Prizes will be awarded.

ALL PRIZES ARE AWARDED “AS IS.” ADMINISTRATOR DOES NOT MAKE AND DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THE PRIZE, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.

Taxes and Forms.
All Winners are solely responsible for all federal, state, and local taxes associated with the value of the Prizes, and for any shipping and handling charges related to delivery of the Prize. As a condition of receiving any Prize, each Winner may be required to execute and return to Administrator a form W-9, Affidavit of Eligibility, Liability and Publicity Release, and any other forms requested by Administrator, each in a form and substance acceptable to Administrator.
NOTIFICATION OF WINNER.

Administrator will contact potential Winners via Social media account used for their contest submission, to notify the potential him/her that he/she is has been selected as a Winner and to arrange for claiming of the Prize.

ALL WINNERS MUST MEET ALL ELIGIBILITY REQUIREMENTS AND COMPLY WITH THESE TERMS TO WIN THE PRIZE. WINNERS ARE SUBJECT TO VERIFICATION BY ADMINISTRATOR, IN ADMINISTRATOR’S SOLE DISCRETION, AND ALL ADMINISTRATOR’S DECISIONS WITH RESPECT THERETO ARE FINAL. NO ENTRANT WILL BE DECLARED A WINNER UNLESS AND UNTIL ADMINISTRATOR HAS VERIFIED THE THAT ENTRANT’S ELIGIBILITY.

CANCELLATION AND DISQUALIFICATION.

Administrator reserves the right to, in its discretion, cancel, suspend, and/or modify the Contest (or any part thereof) and/or to disqualify any entrant, Winner, or potential Winner in any of the following events (each “Disqualifying Event”):

• Administrator has reason to believe there exists any tampering, fraud, delay, unauthorized intervention, cheating, technical failures, fraudulent voting, or any other factor, technical failures, or other causes that corrupt the administration, security, fairness, integrity, or proper functioning of the Contest;

• Any entrant fails to comply with these Rules or any applicable law, rule, or regulation;

• Any entrant annoys, abuses, threatens, or harasses any other entrant or Administrator;

• Administrator’s technical systems become otherwise impaired for any reason, in a manner that may affect the administration, security, fairness, integrity, or proper functioning of the Contest;

• Administrator is unable to verify the eligibility of a Winner or potential Winner, or Administrator determines a Winner or potential Winner to be ineligible;

• Any entrant fails to provide current and correct contact information for when entering;

• Any person attempts to exceed the limit of number of entries into the Contest by any method, including but not limited to, using multiple email addresses or accounts or robotic entries;

• A Winner is not ready, willing, or able to accept and claim the Prize, in accordance with these Rules, or Administrator is unable to deliver the Prize for any reason.

• Administrator is unable to deliver the Prize for any reason; or

• As may be required by any governmental agency with authority over contest regulation.

In the event of any Disqualifying Event, Administrator reserves the right, but will not be obligated to, award or dispose of the Prize, as deemed fair and appropriate by Administrator, in its sole business discretion, including without limitation, disqualifying all suspect entries and/or selecting new winner(s) from the remaining pool of non-winning entries, using the same winner selection method.

LICENSE TO ENTRIES.

You agree that, in addition to all provisions stated in these Rules, all entries will constitute “User Submissions,” as defined by Administrator’s Terms of Use, and will be subject to all provisions of the Terms of Use regarding User Submissions. In addition to the provisions of the Terms of Use governing User Submissions, you grant Administrator and its parents, subsidiaries, affiliated entities, licensees, designees, successors, and assigns (collectively, “Licensees”) a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully-paid, sub-licensable, and transferable license to use, copy, exhibit, transmit, distribute, prepare derivative works of, broadcast, display, edit, modify, telecast, publicly perform and display, stream, compile with other works, and otherwise exploit your entries (including without limitation, any and all Likenesses and/or Third Party Materials used, featured, incorporated, or displayed therein) and, in any media formats now known or hereafter devised and through any media channels (including without limitation, on the Properties and Chive TV), for all commercial and non-commercial purposes, in Administrator’s sole discretion, all without any further compensation, consideration, notice to, or approval by, you.

PUBLICITY.

You grant Licensees the perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable right to use your Likeness, in any and all media now known or later devised and through any media channels (including without limitation, on the Properties and Chive TV), for all commercial and non-commercial purposes, in Administrator’s sole discretion, all without any further compensation, consideration, notice to, or approval by, you. Additionally, Administrator may use any non-personally identifiable information provided by you or collected by Administrator in connection with your entry into this Contest, in accordance with Administrator’s Privacy Policy (linked above).

REPRESENTATIONS AND WARRANTIES.

You represent and warrant that:

• You are the exclusive owner of all right, title, and interest in and to all entries you submit;

• You have not assigned, transferred, or exclusively licensed any rights (including without limitation any copyrights or other intellectual property rights), in your entry or any portion thereof to any third-party, nor otherwise encumbered your entry or any rights therein.

• You have full right, permission, and consent, without the necessity of obtaining the consent of any third party, to grant to Administrator all rights, licenses, and consents under these Rules;

• With respect to any Third-Party Materials and/or Likenesses used, featured, incorporated, or displayed in your entry, you have obtained full clearance, consent, and permission to use, feature, incorporate, and/or display those Third-Party Materials and/or Likenesses in your entry, submit them with your entry into this Contest, and grant Administrator all rights granted by these Rules; and

• Your entry does not and will not violate or infringe upon the rights of any third party.

THIRD PARTY TERMS.

If entry into this Contest requires you to make use of any third-party products or services, including without limitation, third-party, apps, websites, social media platforms, or email service (collectively, “Third-Party Services”), then by entering the Contest, you agree to abide by the rules, policies, terms, and conditions governing the use of each of those Third-Party Services.

RELEASE.

BY ENTERING THIS CONTEST, YOU FOREVER RELEASE AND HOLD HARMLESS ADMINISTRATOR, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, AND EMPLOYEES (COLLECTIVELY, “RELEASEES”) FROM AND AGAINST ANY CLAIMS, LIABILITIES, JUDGMENTS, DAMAGES, LOSS, ACTIONS OR CAUSE OF ACTION, AND COSTS (INCLUDING REASONABLE ATTORNEY’S FEES) (COLLECTIVELY, “CLAIMS”), KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, THAT YOU MAY NOW OR LATER HAVE, ARISING FROM OR RELATED TO YOUR ENTRY INTO, INABILITY TO ENTER INTO, OR PARTICIPATION IN THE CONTEST. YOUR FOREGOING WAIVER AND RELEASE INCLUDES, WITHOUT LIMITATION, ALL CLAIMS ARISING FROM OR RELATED TO: (A) THE NEGLIGENCE OF ANY RELEASEE OR ANY THIRD PARTY; (B) PHYSICAL AND/OR MENTAL INJURY, HARM, DAMAGES, DISABILITY, ILLNESS, DEATH, AND/OR OTHER OR LOSS TO YOU OR YOUR PROPERTY; (C) LOST, LATE, MISDIRECTED, DAMAGED, STOLEN, ALTERED, GARBLED, FRAUDULENT, INCORRECT, INCOMPLETE, OR DELAYED ENTRIES; (D) RECEIPT, USE, OR MISUSE OF THE PRIZE; (E) ERRORS OR MALFUNCTIONS OF ANY EQUIPMENT, COMPUTER, ONLINE SYSTEMS, SERVERS, PROVIDERS, OR COMPUTER HARDWARE OR SOFTWARE FAILURES; (F) THIRD-PARTY INTERVENTION INTO THE CONTEST OR OTHER TECHNICAL OR HUMAN ERRORS OR MALFUNCTIONS OF ANY KIND; (G) USE OF THE WEBSITE ON WHICH THE CONTEST IS CONDUCTED; (H) THE CANCELLATION, SUSPENSION, OR MODIFICATION OF THE CONTEST OR THE DISQUALIFICATION OF ANY ENTRANT OR WINNER; AND (I) BREACH OF CONTRACT; AND/OR (I) INFLICTION OF EMOTIONAL DISTRESS; DEFAMATION, FALSE LIGHT, COMMON LAW OR STATUTORY MISAPPROPRIATION, INVASION OR OTHER VIOLATIONS OF ANY ACTUAL OR PURPORTED RIGHT OF PRIVACY AND/OR PUBLICITY.

RESIDENTS OF CALIFORNIA OR STATES WITH SIMILAR LAW: IF YOU ARE A RESIDENT OF CALIFORNIA, OR OF A STATE WITH A LAW SUBSTANTIALLY SIMILAR TO SECTION 1542 OF THE CALIFORNIA CIVIL CODE, THEN YOU EXPRESSLY WAIVE ALL RIGHTS AND BENEFITS AFFORDED BY CALIFORNIA CIVIL CODE SECTION 1542 OR YOUR STATE’S SUBSTANTIALLY SIMILAR LAW, AND YOU DO SO UNDERSTANDING AND ACKNOWLEDGING THE SIGNIFICANT OF SUCH SPECIFIC WAIVER THEREOF. SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA STATES AS FOLLOWS:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

THUS, NOTWITHSTANDING THE PROVISIONS OF SECTION 1542 OR YOUR STATE’S SUBSTANTIALLY SIMILAR LAW, AND FOR THE PURPOSE OF IMPLEMENTING A FULL AND COMPLETE RELEASE AND DISCHARGE OF RELEASEES, YOU EXPRESSLY ACKNOWLEDGE THAT THE RELEASE GRANTED BY YOU BY THESE RULES IS INTENDED TO INCLUDE IN ITS EFFECT, WITHOUT LIMITATION AND WITH RESPECT TO THE ENTIRETY OF THE RELEASE HEREIN, ALL CLAIMS NOT KNOWN OR SUSPECTED BY YOU AND ALL FACTS IN ADDITION TO OR DIFFERENT FROM THOSE WHICH YOU CURRENTLY KNOW OR BELIEVE TO BE TRUE, AND THAT THIS RELEASE CONTEMPLATES THE EXTINGUISHMENT OF ANY SUCH CLAIMS WHICH YOU MAY HAVE AGAINST ANY RELEASEES. ALL PROVISIONS OF THESE RULES APPLICABLE TO SECTION 1542 WILL APPLY WITH FULL FORCE AND EFFECT TO YOUR STATE’S SUBSTANTIALLY SIMILAR PROVISION
LIMITATION OF LIABILITY.
THE RELEASEES WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST DATA, LOST PROFITS, LOST REVENUE, LOST BUSINESS, ANTICIPATED PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, AND REGARDLESS OF WHETHER THE RELEASEES WERE OR SHOULD HAVE BEEN AWARE OF OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION.

By entering this Contest, you indemnify, defend, and hold harmless the Administrator from and against any all third-party Claims related to your: (a) breach or violation of these Rules or of any representation, warranty, or provision contained herein or otherwise made in connection with the Contest; (b) causing physical and/or mental injury, harm, damage, disability, illness, death, loss, or damage to any third party; (c) violation of or infringement upon the rights of any third party; or (d) violation of any applicable law, rule, or regulation.

JURISDICTION.

This Contest and these Rules will be governed by the laws of the State of Texas, without regard to conflict of law principles. Any disputes arising from or relating to this Contest, these Rules (including their construction, validity, and enforceability), the Prize, and/or any rights or obligations hereunder will be adjudicated, individually (not by any class or representative action), exclusively in the State or Federal Courts located in Austin, Texas.

GAMBLING PROHIBITED.

This Contest is for entertainment purposes only and may not be used as or in connection with any form of gambling.

NO THIRD PARTY ENDORSEMENT.

This Contest is not associated with or administered, sponsored, or endorsed by, any Third-Party Services, or any third party other than the Contest Entities.

RULES; WINNER LIST; QUESTIONS.
To receive a copy of these Rules, within 15 days after the end of the Contest Period, send a self-addressed stamped envelope to: Administrator Media, LLC, attn. Contest Rules, 98 San Jacinto Blvd., Suite 160, Austin, TX 78701. The winner list will be mailed approximately 15 days after receipt of requests therefore. For any questions about this Contest, contact the Administrator at the preceding address.

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