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    TEA TOWN SHOWDOWN CONTEST

    OFFICIAL RULES

    NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A purchase will not improve your chances of winning. You are not yet a winner. Tea Town Showdown Contest (the “Contest”) starts at 9:00 am Eastern Standard Time (“EST”) on June 1, 2019 and ends at 11:59:59 pm EST on July 18, 2019 (the “Promotional Period”). The Contest is governed by these Official Rules (the “Rules”), and is subject to all applicable U.S. federal, state and local laws, and provincial or territorial laws, and is void wherever prohibited by law. All traditional McAlister’s Deli restaurants (each a “Restaurant”) physically located within the fifty (50) United States and the District of Columbia shall be automatically entered into the Contest.

    1. SPONSOR: The sponsor of the Contest is McAlister’s Franchisor SPV LLC (“McAlister’s” or “Sponsor”). By entering this Contest, you understand that you are providing information to the Sponsor of the Contest. Any questions, comments or complaints regarding this Contest must be directed to the Sponsor.
    2. OBJECT: The object of the Contest is for McAlister’s guests to vote for their Restaurant to prizes, including a cash prize donation to the Restaurant’s local community partner, and the title of “Tea Town.” For a list of local community partners, please see www.McAlistersDeli.com/FreeTeaDay. The Sponsor will select three (3) Restaurants as the winner (“Winners”) from the eligible Restaurants to receive the Prize (as defined below).
    3. HOW TO VOTE: Eligible individuals (each a “Guest”) may submit a voting entry (“Entry”) during the Promotional Period by (1) visiting www.McAlistersDeli.com/FreeTeaDay and selecting a McAlister’s Restaurant (“Restaurant”), (2) purchasing a glass or gallon of tea from a chosen Restaurant between June 1, 2019 and July 17, 2019, including purchases via online ordering, mobile app, catering or third party delivery, or (3) selecting a Restaurant on the dedicated In-Restaurant voting platform, where available. Limit one (1) vote every 24 hours via the above-referenced website page, and one (1) vote per day via In-Restaurant voting platform. Each tea purchased shall count as one (1) vote and will be reflected in the leaderboard with a two (2) day delay. There is no limit on the number of tea purchases per day. Entries cannot be acknowledged and become the property of Sponsor upon receipt. Sponsor reserves the right in its sole and exclusive business judgement to disqualify any Entry that it believes does not comply with these Rules. Entries may be published on Sponsor’s website(s) during and after the Promotional Period.

      No other method of Entry will be accepted. Restaurants and/or Guests are solely responsible for Internet connectivity, software and/or hardware that may be required in order to create and/or submit any voting Entry.

      All information submitted by Restaurants and Guests in connection with the Contest is subject to, and will be treated in a manner consistent with Sponsor’s Privacy Policy, accessible at: https://www.focusbrands.com/privacy-policy (“Privacy Policy), and Terms and Conditions, accessible at: https://www.focusbrands.com/legal (Terms and Conditions). To the extent there is any conflict between the terms of these Rules and the Sponsor’s Term and Conditions, the terms of these Rules shall control.

    4. ELIGIBILITY: SUBMITTING AN ENTRY IS OPEN TO LEGAL RESIDENTS OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 16 YEARS OF AGE OR OLDER (WITH PARENTAL CONSENT FOR THOSE UNDER THE AGE OF MAJORITY IN STATE OF RESIDENCE). VOID WHERE PROHIBITED OR RESTRICTED BY LAW. VALID INTERNET ACCESS REQUIRED. Employees of McAlister’s, employees of individual McAlister’s restaurants and franchisees of McAlister’s Franchisor SPV LLC and their respective immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings and their respective spouses, regardless of where they reside) and members of the same household, whether or not related to Sponsor, and Sponsor’s parent or affiliated companies, subsidiaries, advertising and promotion agencies, and third party fulfillment or judging agencies (collectively, the “Contest Entities”) are not eligible to enter a vote. Restaurants and Guests agree to be bound by these Rules and by the decisions of Sponsor, which are final and binding in all respects.

      Participating Restaurants must be open by June 1, 2019 and in continuous operation during the Promotional Period. Each Restaurant must select a local community partner approved by Sponsor in order to receive any donation Prize awarded to the Restaurant. Any Restaurant that has been placed in non-compliance status by Sponsor or is in financial arrears and/or default of its Franchise Agreement during the Promotional Period is not eligible to win. Restaurants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Winning a Prize is contingent upon fulfilling the requirements set forth herein. Winners may be required to provide proof of eligibility as required by Sponsor.

    5. JUDGING & ODDS OF WINNING. After the Promotional Period ends, the three (3) Restaurants with the highest combination of tea sales, landing page votes, and In-Restaurant votes, as determined by the Sponsor in its sole discretion, will be selected as the Winners subject to verification of eligibility and compliance with the terms of these Rules. Odds of winning depend on the total number of Entries received. Winner selection is under the supervision of Sponsor, whose decisions are final and binding in all respects.

    6. NOTIFICATION: The Restaurants will be notified on or about July 22, 2019 that they are a Winner. Such notification will include instructions for claiming the Prize and coordinating Prize delivery with the Winners. The Restaurants must respond to Sponsor’s notification within twenty-four (24) hours and in the manner specified in such notification or the Prize will be forfeited. If requested, Winners must complete and return to Sponsor or its designated agent an Affidavit of Eligibility and Liability and Publicity Release and a Request for Taxpayer Identification Number and Certification W-9 Form (collectively “Requisite Documents”) within twenty-four (24) hours of Sponsor sending the Requisite Documents to the Winners or the Prize will be forfeited. At the sole discretion of Sponsor, disqualification or forfeiture may result from any of the following: (i) Winner’s failure to respond to notification; (ii) failure of potential Winner to complete and return the Requisite Documents; (iii) potential Winner’s failure to provide Sponsor with satisfactory proof of eligibility; and (iv) any other noncompliance with these Rules. In the event the Prize is forfeited, Sponsor may, in its sole discretion, award or not award the forfeited Prize to an alternate Winner.

    7. PRIZES / APPROXIMATE RETAIL VALUE (“ARV”): Sponsor will award three (3) Restaurants as the Winners the following prizes (the “Prizes”):

      1. GRAND PRIZE/FIRST PLACE

        • $10,000 donated by Sponsor directly to local community partner.
        • Tea Town t-shirts with town name for each team member at the Restaurant; an exclusive swag item for each team member at the Restaurant; and a $50 gift card for up to fifty (50) team members at the Restaurant, first come first serve.
      2. SECOND PLACE

        • $5,000 donated by Sponsor directly to local community partner.
        • Tea Town t-shirts with town name, and an exclusive swag item for each team member at the Restaurant.
      3. THIRD PLACE

        • $2,500 donated by Sponsor directly to local community partner.
        • Tea Town t-shirts with town name for each team member at the Restaurant.

       

      The total ARV of the Prize is $25,000.

    8. GENERAL PRIZE LIMITATIONS AND CONDITIONS: The Prizes will be awarded in check or gift card form. Prizes may not be substituted for cash. All Prizes under this Contest 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 Contest 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 cash redemption, 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. Taxes on and in connection with all Prizes are the sole responsibility of each Winner; Sponsor or its designated agent may issue an IRS Tax Form 1099 to the Winners for Prizes with an ARV of $600 or more. Gift cards are subject to the limitations, terms and conditions of the issuer, including expiration date or additional service fees.

    9. PUBLICITY & MARKETING: By entering or participating in the Contest, Restaurants and Guests expressly agree and consent to Sponsor’s use of Restaurant and Guest’s name, voice, statements, image and likeness for purposes of advertising and trade, in any medium, whether now known or hereafter devised, worldwide, in perpetuity, without further compensation or notice, unless prohibited by law. Submission of contact information in connection with this Contest (whether or not required), including mailing address, phone number, user name on the Social Media Channels and email address, during Entry constitutes permission for Sponsor to add Guest to Sponsor’s customer database and share with Contest Entities for same purpose, and to contact Guest in the future for promotional and other reasons. You may opt-out of receiving such communications as set forth in Sponsor’s Privacy Policy or as provided within any such marketing materials (e.g., using the “Unsubscribe” feature provided in the footer of Sponsor’s emails). Furthermore, participant(s) submitting an Entry release all right, title and interest to and in any intellectual property contained in or related to any Entries submitted for purposes of the Contest and in consideration of being entered into the Contest, hereby agree that Sponsor shall have the worldwide, perpetual license to use the Entry for any purposes and in any media or format, whether now known or hereafter created, without notice or payment of compensation to Guest.

    10. INDEMNIFICATION: RESTAURANTS AND GUESTS AGREE TO INDEMNIFY AND HOLD SPONSOR, THE CONTEST ENTITIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSEES HARMLESS FROM AND AGAINST ANY AND ALL COSTS, DAMAGES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS OF DEFENSE) SUCH INDEMNIFIED PARTY SUFFERS IN RELATION TO, ARISING FROM, OR FOR THE PURPOSE OF AVOIDING, ANY CLAIM OR DEMAND RELATING TO OR ARISING OUT OF THE ENTRY, YOUR BREACH OR ALLEGED BREACH OF THESE RULES, OR YOUR VIOLATION OR MISAPPROPRIATION OF ANY APPLICABLE LAW, REGULATION, OR THE COPYRIGHTS, TRADEMARK RIGHTS, PUBLICITY OR PRIVACY RIGHTS, OTHER INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER RIGHTS OF ANY THIRD PARTY.

    11. ADDITIONAL TERMS: Sponsor, Sponsor’s parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility with regard to: (i) Entries that contain inaccurate information or do not comply with these Rules; (ii) Entries, Prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (iii) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (iv) any inability of the Winners to accept the Prize for any reason; (v) if a Prize cannot be awarded due to travel delays or interruptions due to Acts of God, natural disasters, terrorism or weather; or (vi) any damages or losses of any kind caused by any Prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any Prize or resulting from participating in this promotion or any promotion or Prize related activities. Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of this promotion or otherwise violating these Rules. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events outside its control compromise the integrity or viability of the Contest, Sponsor reserves the right to void the Entries at issue, modify the Contest and/or terminate the relevant portion of the Contest, including the entire Contest.

      Except where prohibited by law, by submitting an Entry, participating as a Restaurant and/or accepting the Prize, Guests, Restaurants and Winners agree that all issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, or the rights and obligations of Sponsor, Guests, Restaurants and Winners shall be governed by and construed in accordance with the laws of the State of Georgia without giving effect to any principles of conflicts of laws of any jurisdiction. Guests, Restaurants and Winners agree that any action at law or in equity arising out of or relating to this Contest or awarding of the Prize, shall be filed only in the state or federal courts located in the State of Georgia and Guests, Restaurants and Winners hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this Contest, Guests, Restaurants and Winners agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or awarding of the Prize, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest but in no event attorneys’ fees; and (c) under no circumstances will any participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you. If any provision of these Rules is held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

    12. ANNOUNCEMENT OF WINNER: The names of the Winners will be available until August 22, 2019 by sending a request, together with a self-addressed, postage-paid envelope, to: McAlister’s Franchisor SPV LLC, Attn: Tea Town Showdown Contest, 5620 Glenridge Drive NE, Atlanta, GA 30342. //End Official Rules.

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