Mcalister’s Deli – 12 Days Of Rewards Sweepstakes

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12 Days Sweepstakes

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12 Days Sweepstakes

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The McAlister’s Deli “12 Days of Rewards” Promotion

OFFICIAL RULES

NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.

PROMOTION DESCRIPTION:

The McAlister’s Deli “12 Days of Rewards” Promotion (the
“Promotion”) begins on or about December 12, 2022, at 3:00
p.m. Eastern Time (“ET”) and ends on December 23, 2022, at
4:00 p.m. ET (the “Promotion Period”). This Promotion
consists of up to twelve (12) independent drawings (each a
“Drawings” and collectively, the “Drawings”)
that will take place on the official McAlister’s Deli Instagram and Facebook
accounts during the Promotion Period as set forth in the “How to Enter”
section below. Entry in the Promotion does not constitute entry into any other
promotion, contest, or sweepstakes. By participating in the Promotion, 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. The Promotion is not sponsored,
endorsed or administered by Instagram or Facebook, nor is Instagram or
Facebook associated with the Promotion in any way. By entering the Promotion,
you understand that you are providing information to the Sponsor of the
Promotion and not to Instagram or Facebook. Any questions, comments or
complaints regarding the Promotion must be directed to the Sponsor and not to
Instagram or Facebook. The Promotion is subject to all applicable U.S.
federal, state and local laws, and provincial or territorial laws, and is void
wherever prohibited by law.

ELIGIBILITY:

Only legal U.S. residents of the fifty (50) United States and District of
Columbia who are at least eighteen (18) years of age are eligible to enter the
Promotion. Entrants that win a Prize are ineligible to participate for the
rest of the Promotion. Officers, directors and employees of Sponsor, and each
of Sponsor’s parents, subsidiaries, affiliates, distributors, retailers, sales
representatives, advertising and promotion agencies (all such individuals and
entities collectively referred to herein as the
“Promotion Entities”), and the immediate family members
and/or those residing in the same household of each are ineligible to enter
the Promotion or win a prize. A free Instagram or Facebook account is required
to enter the Promotion. To sign up for Instagram, go to
www.instagram.com. Use of the Instagram service will be subject to Instagram’s data policy and
terms of use, which are available at:
https://help.instagram.com/155833707900388
and
https://help.instagram.com/581066165581870?ref=dp.

To sign up for Facebook go to
www.facebook.com. Use of the Facebook service will be subject to Facebook’s data policy and
terms of use which are available at:
https://www.facebook.com/terms.php?ref=pf
and
https://www.facebook.com/about/privacy/previous. This Promotion is not sponsored, endorsed, administered by, or affiliated
with Instagram or Facebook.

HOW TO ENTER:

A series of twelve (12) Drawings are scheduled to take place during the
Promotion Period on the McAlister’s Deli Instagram and Facebook accounts at
https://www.instagram.com/mcalistersdeli/
and
https://www.facebook.com/mcalistersdeli/, respectively (the “Social Media Accounts”). Every day
during the Promotion Period, Sponsor will publish a post to the Social Media
Accounts with a call to enter the Drawing for the applicable day (the
“Drawing Post”). The entry period for each Drawing begins at
3:00 p.m. ET and ends at 4:00 p.m. ET (the “Entry Period”).

To enter a Drawing, entrants must complete the following steps during the
Entry Period for the applicable Drawing: (i) post an original comment on the
Drawing Post and complies with the “Comment Guidelines” below (each, a
“Comment”). Upon completing the required steps, entrants will
receive one (1) entry into the applicable Drawing. 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 Promotion.

Limit one (1) entry per eligible entrant per Drawing. Entrants that win a
Prize are ineligible to enter all following Drawings.
All entries must be received by the end of the applicable Entry Period in
order to participate. The Sponsor’s database clock will be the official time
keeper for this Promotion. Except as otherwise contemplated in these Official
Rules, and to the extent entrants may otherwise elect at the time of entry,
personal information collected in connection with the Promotion will be used
in accordance with Sponsor’s privacy policy located at
https://www.mcalistersdeli.com/privacy. Sponsor may engage third party application providers and other vendors to
administer certain aspects of the Promotion, including without limitation, the
online collection of entry information. Such third parties will provide your
personally identifiable information to Sponsor, who except as set forth herein
will use such information in accordance with its online privacy policy,
located at
https://www.mcalistersdeli.com/privacy. and such third parties may also use your information for their own
independent purposes in accordance with their own independent privacy
practices. Sponsor is not responsible for the storage or any use of your entry
information by such third parties.

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 Promotion. Tampering
with the entry process or the operation of the Promotion, 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 may 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 utilized in the Promotion or by any technical
or human error which may occur in the processing of the entries in the
Promotion. 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 each Entry Period, a Drawing will be held. For each Drawing, a
specified number of winners as described below will be randomly selected in a
drawing from all eligible entries received throughout the applicable Entry
Period. The Drawing will be conducted by Sponsor or its designee, using
randomization methods selected by Sponsor in its sole discretion.  The Winners
will be notified via direct message on Instagram or Facebook the day after the
applicable Drawing. Such notification will include instructions for claiming
the Prize and coordinating Prize delivery with the Winner. Entrant must
respond to Sponsor’s direct message or email notification within forty-eight
(48) hours and in the manner specified in such notification or the Prize will
be forfeited. Winner must complete and return to Sponsor or its designated
agent an Affidavit of Eligibility and Liability and Publicity Release
(“Affidavit”) within twenty-four hours of Sponsor emailing such Affidavit to
the Winner or the Prize will be forfeited. At the sole discretion of Sponsor,
disqualification or forfeiture may result from any of the following: (i)
Entrant’s failure to respond to notification; (ii) failure of potential Winner
to complete and return the Affidavit; (iii) the failure of notification due to
deactivation of the Entrant’s email account prior to receipt of notification;
(iv) return of notification as undeliverable; (v) potential winner’s failure
to provide Sponsor with satisfactory proof of age, identity and eligibility;
(vi) Entrant’s or potential winner’s failure to validly claim the Prize by the
deadline specified; and (vii) 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. Sponsor may successively
attempt to contact up to two (2) potential winners of an applicable prize in
accordance with such procedure, and if there is still no confirmed winner of
such applicable prize after such attempts have been made, if any, the
corresponding prize may go unawarded.

PRIZES/ODDS:
The number of Prizes vary depending on the Drawing as set forth below:

Drawing Number
Date of Drawing
# of Prizes
Prize Description
Approximate Retail Value Per Prize / Total Prizes

1
12/12/22
12

Free Tea Free 32 oz. Tea offer (excluding flavor shots) for a Year*

$155 / $1,866

2
12/13/22
11
Free Cookies for a Year*

$103.45 / $1,138

3
12/14/22
10
Free Side for a Year*

$103.40 / $1,034

4
12/15/22
9

Free Dessert (excluding whole cakes) for a Year*

$295.89 / $2,663

5
12/16/22
8
$300 McAlister’s Deli Gift Card***

$300 / $2,400

6
12/17/22
7
$350 McAlister’s Deli Gift Card***

$350.00 / $2,450

7
12/18/22
6
Free Shareable for a Year*

$467.50 / $2,805

8
12/19/22
5
Free Salad or Spud for a Year*

$509 / $2,545

9
12/20/22
4
Free Sandwich for a Year*

$500 / $2,000

10
12/21/22
3

Free Entrée (option of Sandwich, Salad, Spud, Shareable, or Choose Two)
for a Year*

$500 / $1,500

11
12/22/22
2
$500 McAlister’s Deli Gift Card***

$500 / $1,000

12
12/23/22
1
$1,000 McAlister’s Deli Gift Card***

$1,000 / $1,000

* “For a Year” means one Reward per week for 52 weeks. Reward excludes costs
from customization and upcharges (including bread bowl). Taxes, fees, and
terms and conditions apply, see checkout for details. Winner will receive a
Reward Code which must be entered into their McAlister’s Rewards Account no
later than 1/31/2023. The Reward is for a single use and will be
automatically applied upon initial input of the Reward Code and thereafter
weekly to the Winner’s McAlister’s Reward Account and will expire at 11:59
pm EST seven (7) days later. Offer cannot be combined with any other offers,
promotions, or discounts. Service fees apply for online and in App orders.
Excludes 3rd party delivery. Void if altered, transferred, reproduced,
exchanged, sold, purchased, or where restricted by law. Cash value 1/100¢.
No cash back.

** “For a Year” means one Reward per week for 52 weeks. Convenience Fee for
Delivery still applies. Taxes, fees, and terms and conditions apply, see
checkout for details. Winner will receive a Reward Code which must be
entered into their McAlister’s Rewards Account no later than 1/31/2023. The
Reward is for a single use and will be automatically applied upon initial
input of the Reward Code and thereafter weekly to the Winner’s McAlister’s
Reward Account and will expire at 11:59 pm EST seven (7) days later. Offer
cannot be combined with any other offers, promotions, or discounts. Service
fees apply for online and in App orders. Excludes 3rd party delivery. Void
if altered, transferred, reproduced, exchanged, sold, purchased, or where
restricted by law. Cash value 1/100¢. No cash back.

*** Gift Card is for use in store at participating McAlister’s restaurants,
terms and conditions apply see Gift Card for details.

No cash alternative or substitution of prizes will be allowed, except Sponsor
reserves the right in its sole discretion to substitute prize(s) of comparable
value if any prize listed is unavailable, in whole or in part, for any reason.
Applicable portions of prizes will be delivered only to an address in the
United States.

Many will enter, only seventy-eight (78) will win. Actual odds of winning
depend on the number of eligible entries received for each Drawing.
Winner selection is under the supervision of Sponsor, whose decisions are
final and binding in all respects.

GENERAL PRIZE CONDITIONS:

Prizes will be awarded only if each potential prize winner fully complies with
these Official Rules. A free McAlister’s Rewards account is required to redeem
the Prizes. To sign up for a free McAlister’s Rewards account download the app
through the Apple App Store

https://control.kochava.com/v1/cpi/click?campaign_id=komcalister-s-prod-ios-ujoyca4b9e26d6f2a1&network_id=10089&ko_exchange=true&site_id=1&device_id=device_id

or on Google Play

https://control.kochava.com/v1/cpi/click?campaign_id=komcalister-s-prod-android-pphglbzun654d79b3fdc11&network_id=10089&ko_exchange=true&site_id=1&device_id=device_id

or go to
https://www.mcalistersdeli.com/rewards. Use of the McAlister’s Rewards program will be subject to McAlister’s
Rewards privacy policy and terms and conditions, which are available at:
https://www.mcalistersdeli.com/privacy
and
https://www.mcalistersdeli.com/rewards/terms. All portions of the prizes are non-assignable and non-transferable. 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 other restrictions of the prizes not specified
in these Official Rules will be determined by Sponsor in its sole discretion.
No cash alternative or substitute of the 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. Each 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 may 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 each 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 each 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 each prize winner forfeiting the prizes and an alternate
potential winner may be selected in accordance with these Official Rules.
Sponsor will award prizes 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. Each
potential winner may 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 any
potential winner fails or refuses to sign and return all Prize Claim Documents
within the time period specified by Sponsor in the prize notification, the
winner may be disqualified and an alternate winner may be selected.

Sponsor makes no warranties, and hereby disclaims any and all warranties,
express or implied, concerning any prize furnished in connection with the
Promotion.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE 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.

RIGHTS IN 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 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 its sole discretion, to edit, composite, morph, scan, duplicate, or
alter the 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 Comment even if the Comment is disqualified or fails to meet
the Comment Guidelines or even it if it determined that the entrant who made
the Comment is ineligible to enter the Promotion.

PUBLICITY RELEASE.

Without in any way limiting the rights granted in the Comment, as set forth
above, acceptance of a prize constitutes winner’s permission for the Promotion
Entities to use each winner’s Comment 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 Promotion, Promotion Entities,
and all uses of the 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.

REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION.

Each entrant represents and warrants as follows: (i) the 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 Comment meets the Comment
Guidelines, and does not and will not violate any applicable laws, and is not
and will not be defamatory or libelous. Each entrant 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 Promotion.

CONDITIONS OF PARTICIPATION/RELEASES – IMPORTANT PLEASE READ.

By participating in this Promotion, entrants agree to be bound by these
Official Rules and the decisions of the Sponsor, which shall be final in all
respects. The Promotion is void where prohibited or restricted by law. All
federal, state and local laws and regulations apply. By participating in this
Promotion and/or by accepting any prize that they may be awarded, entrants
agree to release the Promotion Entities from any and all actions, claims,
injury, loss or damage arising in any manner, directly or indirectly, from
participation in this Promotion and/or acceptance, use or misuse of the prize.
Each entrant 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 Promotion or
any Promotion-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. The Promotion Entities shall not
be liable for: (i) late, lost, delayed, stolen, misdirected, postage-due,
incomplete, unreadable, inaccurate, garbled or unintelligible Comment,
communications or affidavits, regardless of the method of transmission; (ii)
telephone system, telephone or computer hardware, software or other technical
or computer malfunctions, lost connections, disconnections, delays or
transmission errors; (iii) data corruption, theft, destruction, unauthorized
access to or alteration of Comment or other materials; (iv) any injuries,
losses or damages of any kind caused from participation in the Promotion; or
(v) any printing, typographical, administrative or technological errors in any
materials associated with the Promotion. The Promotion Entities disclaim any
liability for damage to any computer system resulting from participating in,
or accessing or downloading information in connection with this Promotion, and
reserve the right, in their sole discretion, to cancel, modify or suspend the
Promotion should a virus, bug, computer problem, unauthorized intervention or
other causes beyond Sponsor’s control, corrupt the administration, security or
proper running of the Promotion. Sponsor may prohibit you from participating
in the Promotion if, in its sole discretion, Sponsor determines you are
attempting to undermine the legitimate operation of the Promotion by cheating,
hacking, deception, or any other unfair behavior or with the intent to annoy,
abuse, threaten or harass any other entrants or Sponsor representatives 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 a Comment cannot be resolved to Sponsor’s satisfaction,
the affected Comment may be deemed ineligible. Sponsor reserves the right to
modify, extend, suspend, or terminate the Promotion if it determines, in its
sole discretion, that the Promotion 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 Promotion as contemplated herein. In the event an
insufficient number of eligible entries are received and/or Sponsor is
prevented from awarding prizes or continuing with the Promotion as
contemplated herein by any event beyond its control, including but not limited
to fire, flood, natural or man-made epidemic of health of other means,
pandemic, earthquake, explosion, labor dispute or strike, act of God or public
enemy, satellite or equipment failure, riot or civil disturbance, terrorist
threat or activity, war (declared or undeclared) or any federal state or local
government law, order, or regulation, public health crisis, order of any court
or jurisdiction, or other cause not reasonably within Sponsor’s control (each
a “Force Majeure” event or occurrence), then Sponsor shall
have the right to modify, suspend, or terminate the Promotion. If the
Promotion is terminated before the designated end date, Sponsor may (if
possible) select the winners in a random drawing from all eligible,
non-suspect Comments 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 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.

NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF.

Each entrant 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
Comment to Sponsor for purposes of the Promotion 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 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 it or being developed by their own
employees. Each entrant also acknowledges that many ideas may be competitive
with, similar or identical to the 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 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 Comment or other
material submitted in connection with the Promotion, 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 Comment, or to otherwise exploit any Comment or, if commenced, to continue
the distribution or exploitation thereof, and the Promotion Entities may at
any time abandon the use of the 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.

GOVERNING LAW/JURISDICTION/DISPUTES.

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 PROMOTION 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. As a condition of
participating in this Promotion, entrants agree that any and all disputes
which cannot be resolved between the parties, and causes of action arising out
of or in connection with this Promotion, shall be resolved individually
through binding arbitration, without resort to any form of class action, in
accordance with the arbitration provision set forth below.

ARBITRATION PROVISION.

By participating in this Promotion, each entrant 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 Promotion, (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 Promotion; (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 acknowledges and agrees that this Promotion is in no way
sponsored, endorsed or administered by, or associated with Facebook or
Instagram. By entering the Promotion each entrant hereby releases and agrees
to hold harmless each of Facebook and Instagram completely from any liability
in respect of the Promotion. Any questions, comments or complaints regarding
the Promotion will be directed to the Promotion Entities and not Facebook or
Instagram. By participating via the Facebook or Instagram platform, entrants
are also subject to Facebook’s and Instagram’s privacy policies and terms of
service.

WINNERS LIST/OFFICIAL RULES:

To obtain a copy of any legally-required winners list, send a self-addressed
stamped envelope to: McAlister’s “12 Days of Rewards” Promotion 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.

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