The “Great Spud Getaway Giveaway” Sweepstakes OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
PROMOTION DESCRIPTION: The “Great Spud Getaway Giveaway” Sweepstakes (the “Sweepstakes”) begins on or about September 1, 2021 at 10:00 a.m. Eastern Time (“ET”) and ends on September 14, 2021 at 11:59 p.m. ET (the “Promotion Period”). At the end of the Promotion Period, a random drawing will be conducted to select one (1) winner of a prize from among all eligible entries received, as set forth more fully below. Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of McAlister’s Franchisor SPV LLC, 5620 Glenridge Drive NE, Atlanta, GA 30342 (“Sponsor”), which shall be final and binding in all respects.
HOW TO ENTER: There are three ways to enter the Sweepstakes:
- COMMENT ENTRY: At the beginning of the Promotion Period, Sponsor will publish posts on the @mcalistersdeli Instagram account https://www.instagram.com/mcalistersdeli/?utm_medium=copy_link; @McAlistersDeli Twitter account https://twitter.com/McAlistersDeli; or the McAlister's Deli Facebook account https://www.facebook.com/mcalistersdeli announcing the Sweepstakes and inviting entrants to enter the Sweepstakes (the “Sweepstakes Post”). To enter, eligible entrants must complete the following steps during the Promotion Period: (i) like or follow the @mcalistersdeli Instagram account, the @McAlistersDeli Twitter account or the McAlister's Deli Facebook account; and (ii) post an original comment on the Sweepstakes Post that that complies with the “Comment Guidelines” below and incorporates the hashtag #Sweepstakes, #spudbudsweeps and tag three (3) friends’ Instagram or Twitter or Facebook accounts (each, a “Comment”). Upon completing the required steps, Entrants will receive one (1) entry into the Sweepstakes. The Comment must meet the following “Comment Guidelines”: (i) the Comment must be the submitting entrant’s original, previously unpublished work and not feature or focus on any copyrighted material, logos or trademarks that are owned by third parties; and (ii) the Comment must not include text or subject matter that is deemed by the Sponsor to be obscene, profane, pornographic, libelous or otherwise objectionable. Each entrant’s social media account must be public to enter the Sweepstakes.
NOTE: Entry must be made by the entrant, only through the entry methods described above. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes, including but not limited to the use of any device to automate the entry process, is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or used in the Sweepstakes or by any technical or human error which may occur in posting Comments/Submissions, or processing of the entries in the Sweepstakes. The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.
WINNER SELECTION AND NOTIFICATION: At the end of the Promotion Period, the winner will be randomly selected in a drawing from all eligible entries received throughout the Promotion Period. The drawing will be conducted by Sponsor or its designee, using randomization methods selected by Sponsor in its sole discretion. A potential winner will be notified by e-mail, direct message or comment using the contact information given at the time of entry. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within the time period specified in the winner notification, or if the prize or winner notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Sponsor may successively attempt to contact up to three (3) potential winners of a prize in accordance with such procedure, and if there is still no confirmed winner of such prize after such attempts have been made, if any, the corresponding prize may go unawarded.
PRIZES/ODDS: There is one (1) Grand Prize available.
The Grand Prize consists of a four (4) day and three (3) night trip for the Grand Prize winner and up to one (1) travel companion to Boise, Idaho to attend a variety of events to be further specified at a later date, which includes (i) round-trip coach airfare (valued at $1,000) for the Grand Prize winner and his or her travel companion between the major airport that is nearest to the Grand Prize winner’s residence and Boise, Idaho; (ii) four (4) day and three (3) nights’ short-term rental accommodations for the Grand Prize winner and his or her travel companion (one (1) room, double occupancy) at the Big Idaho Potato Hotel in Boise, Idaho; (iii) one (1) rental car valued at Three Hundred Dollars ($500) for four (4) days; (iii) one (1) American Express gift card in the amount of Four Hundred Dollars ($400.00); and (iv) Fifty-two (52) vouchers for one (1) free Spud (“Voucher”), valid at participating McAlister’s restaurants. Each Voucher will be delivered through the McAlister’s Rewards App and will be valid for a period of seven (7) days from the date of delivery. Vouchers will expire if not redeemed. Unused Vouchers will not roll over. Vouchers are subject to the McAlister’s Rewards terms and conditions at https://www.mcalistersdeli.com/legal and cannot be combined with any other discounts, coupons, or offers. Gift cards are subject to additional terms and conditions that the issuer imposes on its gift cards, which may appear on the card itself or be accessible online. The total approximate retail value (“ARV”) of the Grand Prize is $3400.00.
The Grand Prize winner and his or her travel companion must be eighteen (18) years of age or older in order to redeem the Grand Prize and participate in the Grand Prize activities. In the event a Grand Prize winner’s residence is close enough to Boise, Idaho, such that air transportation is deemed by Sponsor in its sole discretion to be unnecessary, the applicable Grand Prize will not include air transportation from such Grand Prize winner’s residence and no other substitution or compensation will be provided in lieu thereof. The Grand Prize winner and his or her travel companion must travel together on the same itinerary and must possess all required travel documents, including visas and valid passports, if and as applicable, and comply with any applicable hotel check-in requirements, such as presentation of a major credit card. All aspects of the travel portions of the Grand Prize must be conducted on such dates as determined by Sponsor in its sole discretion. The dates of departure and return are subject to change at Sponsor’s sole discretion. Airfare may not include government taxes, Passenger Facility Charge or September 11th Security Fee. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. Other travel restrictions and blackout dates may apply. All airline tickets are subject to the vagaries of flight variation, work stoppages, and schedule or route changes. The ARV for travel prizes may vary depending upon points of departure and destination and fare fluctuations. Sponsor reserves the right to structure travel routes and select hotels in its sole discretion. The ARV for travel prizes is an estimate made before the Sweepstakes begins. The Grand Prize winner will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Official Rules. The round trip air transportation element for any travel prize begins and ends at the point of departure. No interest will be awarded on cash prizes. Room taxes and other hotel fees are not included and if applicable may be payable at the time of check-out by the winner/guest. A deposit or payment in advance, or presentation of a credit card by the Grand Prize winner, may be required at the time of check-in at the hotel. Any hotel cancellations or changes to hotel reservations after confirmation must be made with the hotel directly, and the Grand Prize winner is solely responsible for any charges and/or fees arising from changes made directly with the hotel. The prize restrictions/conditions stated herein are not all-inclusive and the Grand Prize described above may be subject to additional restrictions/conditions, which may be stated in the Prize Claim Documents (as defined below) and/or other travel documents. In the event the Grand Prize winner and/or his or her travel companion/s engages in behavior that, as determined by Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early, in whole or in part, and send the Grand Prize winner and/or his or her travel companion/s home with no further compensation. The travel portion of the Grand Prize must be redeemed and travel must be commenced on or after October 14, 2021 and must be completed by October 17, 2021 or the Grand Prize will be forfeited in its entirety.
The air transportation portion of the Grand Prize must be booked at least two (2) weeks prior to travel.
All expenses and incidental travel costs not expressly stated in the Grand Prize description above, including but not limited to, ground transportation, meals, incidentals, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes, gratuity or other expenses are the sole responsibility of the Grand Prize winner.
This Sweepstakes is not sponsored, endorsed by, or otherwise affiliated with Big Idaho Potato Hotel and Idaho Potato Commission or their parent companies. The BIG IDAHO POTATO HOTEL trademark is owned by Idaho Potato Commission. All inquiries about the Sweepstakes should be directed to Sponsor and not Idaho Potato Commission.
No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize listed is unavailable, in whole or in part, for any reason. Applicable portions of the Grand Prize will be delivered only to an address in the United States.
Actual odds of winning depend on the number of eligible entries received.
GENERAL PRIZE CONDITIONS: Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All portions of the prize are non-assignable and non-transferable. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Sweepstakes materials are for illustrative purposes only. Actual prize may vary from the prize pictured. All details and other restrictions of the prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. No cash alternative or substitution of the prize will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize of comparable value if any prize listed is unavailable, in whole or in part, for any reason. The prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Sponsor may, in its sole discretion, deduct or withhold the amount of applicable tax on any cash or cash equivalent prize. The Sponsor will issue and file an IRS Form 1099 or equivalent tax withholding documentation for the retail value of any prize or other items of value transferred to the prize winner by the Sponsor in accordance with IRS requirements, and the Sponsor may also share such documentation with a state or local government agency as required by law. Refusal or failure of the prize winner to satisfy the requirements of all necessary and appropriate tax, withholding or other required compliance terms (including Social Security number, IRS Form W8BEN, IRS Form W9, or equivalent information), as determined by the Sponsor in its sole discretion, may result in the prize winner forfeiting the prize and an alternate potential winner may be selected in accordance with these Official Rules. Sponsor will award prize subject to any applicable withholding taxes, and the amount of the prize transferred, as reduced by any applicable withholding taxes, will constitute full payment of the prize, as applicable. The potential winner will be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If a winner is under the age of majority in such winner’s state of residence (a “minor”), at Sponsor’s option, the applicable prize either will be awarded in the name of the parent or legal guardian of such minor winner, or the parent or legal guardian of such minor winner will be required to ratify and sign Prize Claim Documents. If any potential winner (or, in the case of a minor, such minor winner’s parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents by the deadline specified in the prize notification, the winner may be disqualified and an alternate winner may be selected. The winner’s travel companion must sign an Affidavit of Eligibility and a Liability Release prior to any travel documents being released.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
By participating in the Sweepstakes, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in and/or winner of the Sweepstakes, each entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, photograph, social media tag, likeness, statements, biographical information, and any other personal characteristics, in any and all media for any purpose, including without limitation, to advertise, market, and promotion the Promotion Entities, on or in connection with any live stream, or the Sweepstakes or other promotions, and each entrant and/or prize winner(s) hereby release the Promotion Entities from any liability with respect thereto. Without limiting the generality of the foregoing, each entrant hereby grants the Promotion Entities the right to film, photograph, record and edit his or her appearance during all Sweepstakes-related activities, including but not limited to the Grand Prize winner’s and his or her guest’s appearance on the live stream (collectively, the “Appearance”) and the right, but not the obligation, to use such Appearance in any and all media, devices, processes and technology now known or hereafter devised in perpetuity throughout the universe without further notice or compensation. Each entrant hereby acknowledges and agrees that the Appearance shall be deemed a work-made-for-hire for the Promotion Entities, and therefore, the Promotion Entities shall be the author and copyright owner thereof for all purposes throughout the universe. If the foregoing does not operate to fully vest in the Promotion Entities any or all of the rights in the Appearance, entrant hereby irrevocably grants, transfers, sells and assigns to the Promotion Entities, their successors and assigns, all present and future right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights and any and all other ownership and exploitation rights now or hereafter recognized in any territory) in and to the Appearance for exploitation throughout the universe, in perpetuity, by and in any and all media, devices, processes and technology now known or hereafter devised in perpetuity throughout the universe without further notice or compensation. The Promotion Entities shall have the right, in their sole discretion, to edit, composite, morph, scan, dub, duplicate, fictionalize or otherwise alter the Appearance for any purpose which the Promotion Entities deem necessary or desirable. Each entrant hereby irrevocably waives any and all so-called moral rights he or she may have in the Appearance, and agrees that he or she will make no claim of any kind against the Promotion Entities as a result of any of the uses described above, and irrevocably and unconditionally waives and releases the Promotion Entities from any and all claims, demands, and liabilities of any kind or nature whatsoever arising out of or in connection with such use including, without limitation, any and all claims, demands, or liabilities for invasion of privacy, infringement of the right of publicity, defamation (including libel and slander) and any other personal and/or property rights.
Each entrant who appears on air during a Live Stream represents and warrants that he or she will not do anything indecent or obscene while on the air and that he or she has not accepted or given, and will not accept or give, directly or indirectly, any money, service or other valuable consideration from or to anyone for including in any matter in the Live Stream.
RIGHTS IN SUBMISSIONS AND COMMENTS: For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant hereby irrevocably grants to the Promotion Entities, and their successors, licensees and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, publicly display, stream, exploit, make derivative works of and otherwise use the Submission or Comment, in whole or in part, for any purpose, including without limitation commercial purposes, in any and all media now or hereafter devised throughout the universe in perpetuity. The Promotion Entities shall have the right, in their sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission or Comment for any purpose which the Promotion Entities deem necessary or desirable, and each entrant irrevocably waives any and all so-called “moral rights” they may have therein. The Promotion Entities shall retain the rights granted in each Submission or Comment even if the Submission or Comment is disqualified or fails to meet the Submission Requirements or Comment Guidelines or even it if it determined that the entrant who made the Submission or Comment is ineligible to enter the Sweepstakes.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each entrant (and any minor entrant’s parent or legal guardian) represents and warrants as follows: (i) the Submission or Comment does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; (ii) the Submission or Comment meets the Submission Requirements or Comment Guidelines, and does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant (and any minor entrant’s parent or legal guardian) agrees to indemnify the Promotion Entities and hold them harmless from and against any and all third party claims, liability, judgments, losses, damages, costs, and expenses, including penalties, interest and reasonable outside attorney’s fees and costs in the defense and disposition of such matters arising out of, resulting from, based upon or incurred because of a breach or allegation that, if true, would constitute a breach by entrant of his or her representations, warranties, covenants or obligations hereunder, including, without limitation, any action or statement made by entrant while participating in the Sweepstakes.
PUBLICITY RELEASE: Without in any way limiting the rights granted in the Submission or Comment, as set forth above, acceptance of a prize constitutes winner’s permission for the Promotion Entities to use each winner’s Submission or Comment (if applicable) and his or her name, social media handle, photograph, likeness, voice, biographical information, statements and address (city and state) in and in connection with advertising, marketing, promotional, and/or publicity purposes for the Sweepstakes, Promotion Entities, and all uses of the Submission or Comment permitted herein, worldwide and in all forms of media and by any and all means and media now known or hereafter developed, in perpetuity, without any obligation, notice, or further compensation to the winners.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant (and any minor entrant’s parent or legal guardian) hereby acknowledges and agrees that the relationship between the entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission or Comment to Sponsor for purposes of the Sweepstakes does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission or Comment. Each entrant understands and acknowledges that the Promotion Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to the Promotion Entities or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission or Comment and/or each other in theme, idea, plot, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Promotion Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission or Comment. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Promotion Entity’s actual or alleged exploitation or use of any Submission or Comment or other material submitted in connection with the Sweepstakes, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
NO OBLIGATION TO USE: The Promotion Entities shall have no obligation (express or implied) to use any Submission or Comment, or to otherwise exploit any Submission or Comment or, if commenced, to continue the distribution or exploitation thereof, and the Promotion Entities may at any time abandon the use of the Submission or Comment for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments from the entrant(s), or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor’s request therefor.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Acceptance of a prize constitutes winner’s permission for the Promotion Entities to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Each entrant (and any minor entrant’s parent or legal guardian) agrees that Sponsor (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due entries/Submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. If a dispute as to the identity of the individual who actually submitted an entry /Submission cannot be resolved to Sponsor’s satisfaction, the affected entry /Submission may be deemed ineligible. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event an insufficient number of eligible entries / Submissions are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, windstorm, epidemic, pandemic, public health crisis, disease, virus, sickness or outbreak or other similar or dissimilar natural disaster; act of God or public enemy; riot or civil disturbance, act of any government or governmental authority, power failure, satellite or equipment failure, failure of telecommunications lines or failure or breakdown of plant, machinery or vehicles operated by a third party; labor dispute, strike, or lockout; actual or threat of war, armed conflict, terrorist attacks, war (declared, undeclared or threatened), explosion, nuclear, or chemical or biological contamination; or a government imposed travel ban, restriction on movement or gatherings, or other government imposed mandate of any kind, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor reserves the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor may (if possible) select the winner in a random drawing from all eligible, non-suspect entries / Submissions received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If 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.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF GEORGIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
ARBITRATION PROVISION: By participating in this Sweepstakes, each entrant (and any minor entrant’s parent or legal guardian) agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Promotion Entities relating to, arising out of or connected in any way with (a) the Sweepstakes, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Atlanta, Georgia; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Sweepstakes; (v) the arbitrator shall apply Georgia law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
SOCIAL NETWORK RELEASE AND DISCLAIMER. Each entrant (and any minor entrant’s parent or legal guardian) acknowledges and agrees that this Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram or Twitter. By entering the Sweepstakes each entrant (and any minor entrant’s parent or legal guardian) hereby releases and agrees to hold harmless each of Facebook, Instagram or Twitter completely from any liability in respect of the Sweepstakes. Any questions, comments or complaints regarding the Sweepstakes will be directed to the Promotion Entities and not Facebook, Instagram or, Twitter.
WINNERS LIST/OFFICIAL RULES: To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: The Great Spud Getaway Giveaway Sweepstakes Winners List, McAlister’s Franchisor SPV LLC, 5620 Glenridge Drive NE, Atlanta, GA 30342. All such requests must be received within six (6) weeks after the end of the Promotion Period. These Official Rules will be posted on https://mcalistersdeli.com/spud-bud-terms-and-conditions during the Promotion Period.