Share Our Strength – Dine For No Kid Hungry Sweepstakes

Share Our Strength
Dine for No Kid Hungry Sweepstakes
OFFICIAL RULES
To participate in the Sweepstakes, you must agree to and abide by these Official Rules.
 
NO PURCHASE NECESSARY TO ENTER OR FOR A CHANCE TO WIN. A PURCHASE OR PAYMENT OF ANY KIND (E.G., DONATION) WILL NOT INCREASE YOUR CHANCES OF WINNING.INTERNET ACCESS AND VALID E-MAIL ADDRESS REQUIRED.
 

   Sponsor: Share Our Strength, 1030 15th Street NW, Suite 1100W, Washington, DC 20005 (“Sponsor”).

 

Administrator: LeadDog Marketing Group, Inc. d/b/a CSM, 440 9th Ave., 17th Floor, New York, NY 10001 (“Administrator”).

 

Eligibility: The “Dine for No Kid Hungry Sweepstakes” (“Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia, who are at least twenty-one (21) years of age at time of entry and have internet access/valid e-mail address at time of entry. Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six months, performed services for Sponsor, Administrator, Telescope Inc., and related entities and immediate family and household members of such individuals, are not eligible to participate or win prizes. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household Members” shall mean people who share the same residence at least three months a year, whether related or not. For the sake of clarity: (a) employees/consultants/independent contractors/interns of prize providers (Arby’s Restaurant Group Inc., First Watch Restaurants, Inc., Noodles & Company, Shake Shack Inc., Jack In The Box Inc., Grubhub Holdings, Inc., OTB Acquisitions, LLC) ARE eligible provided that they are not involved in any way in the development, design or implementation of the Sweepstakes; and (b) persons who have donated to and/or engaged in fundraising activities in support of Sponsor’s “No Kid Hungry” or any other Share Our Strength campaign ARE also eligible. Potential winners may be required to provide proof of legal residency upon request prior to prize award. Void in Guam, Puerto Rico, U.S Virgin Islands and other U.S. Territories, and where prohibited or restricted by law.

 

Sweepstakes Schedule: Sweepstakes begins at 7:00:00 p.m. Eastern Time (“ET”) on September 4, 2019 and ends at 11:59:59 p.m. ET on September 30, 2019 (“Promotion Period”). There will be seven (7) separate and distinct Sweepstakes Drawings each with its own winner (“Sweepstakes Drawing”) comprising the Sweepstakes. Sponsor’s computer is the official clock for the Sweepstakes.

 

Sweepstakes Entry: During the Promotion Period, navigate the internet to www.NoKidHungry.org/dine (“Website”) and click on the Sweepstakes banner. You will be directed to complete the online entry form. You will be asked to provide your e-mail address, city, state, zip code, phone number (your e-mail address will be used to contact you if you are a potential Grand Prize winner) and select which prize you would like to win. By selecting a given prize, you will be entered once into the Sweepstakes Drawing for that prize as discussed below.

 
CLICK THE CHECK BOX SIGNIFYING THAT YOU MEET THE SWEEPSTAKES ELIGIBILITY REQUIREMENTS AND HAVE READ AND AGREE TO THESE OFFICIAL RULES. IF YOU DO NOT CHECK THE BOX INDICATING YOUR CONFIRMATION OF AND AGREEMENT TO THE ABOVE, YOU WILL NOT BE ENTERED IN THE SWEEPSTAKES AND CANNOT WIN A GRAND PRIZE. 
 
Limit of one (1) entry per person per Sweepstakes Drawing per day. A “day” is defined as starting at 12:00:00 AM ET and ending at 11:59:59 PM ET except for the first day (9/4/19) which will begin at 7:00:00 PM ET. Multiple entries in violation of the preceding entry limit and/or mass entry attempts will result in disqualification of all entries by such person. Entries must be manually key-stroked by the entrant; use of automated entry devices or programs, or entries by third parties are prohibited. Entries that do not conform to or that violate these Official Rules or are submitted in any manner other than stated in these Official Rules will be disqualified. Proof of submission of entry does not constitute proof of receipt of same. Should receipt of entry be acknowledged, such acknowledgement does not constitute any representation as to Sweepstakes eligibility, notification of winning nor is it otherwise binding upon Sponsor or Administrator. By entering this Sweepstakes, entrants agree to these Official Rules and the decisions of the Administrator and Sponsor, which are binding and final in all matters relating to this Sweepstakes.
 
Entries that are incomplete, garbled, corrupted, jumbled, inaccessible, improperly recorded (or not recorded at all) or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the e-mail address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. By accepting a prize (except where prohibited by law) winner consents to use by Sponsor and its designees (including prize partner[s]) of their name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without further compensation, notification, permission, or approval. For Sweepstakes Drawing Prizes #3, #4, and #7, the preceding grant of rights includes but is not limited to photographing, videotaping or otherwise recording the winner at the corresponding prize event.
 
FOR THE AVOIDANCE OF DOUBT, YOUR ENTRY IS ONLY VALID FOR A CHANCE TO WIN THE PRIZE SELECTED AT TIME OF ENTRY; IF YOU ARE INTERESTED IN ANY OF THE OTHER PRIZES, YOU MUST ENTER THE SWEEPSTAKES AGAIN AND SELECT ANOTHER PRIZE.
 
If you choose to participate in the Sweepstakes by using your wireless mobile device, data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Mobile device service may not be available in all areas. Check your phone’s capabilities for specific instructions.
 

Random Drawings/Selection of Winners: Potential prize winners (each a “Grand Prize Winner”, collectively referred to herein as “Prize Winners”) will be selected from among all eligible entries received via random drawing. There will be seven (7) separate random drawings, with one (1) Prize Winner per Sweepstakes Drawing. All drawings will take place on or about October 1, 2019. Each Sweepstakes Drawing will consist only of all eligible entries received for the corresponding Sweepstakes Drawing. (Non-winning entries from one Sweepstakes Drawing will not be retained for any other Sweepstakes Drawing.) The drawings will be conducted by Administrator, an independent judging organization/administrator whose decisions are final and binding on all matters related to the Sweepstakes.

 

Winner Notification:Potential Prize Winners will be notified by e-mail and or phone on or about October 1, 2019 and will be required to complete, sign and return within three (3) business days of date on notification an Affidavit of Eligibility, Liability Release and Indemnification, a Publicity Release where allowed by law, as well as other documents that Sponsor may require (collectively the “Prize Claim Documents”). Failure to respond to the initial notification within three (3) business days after notification, return of e-mail notification as undeliverable after two (2) attempts, or failure to return the completed and signed Prize Claim Documents within the indicated time period will result in disqualification, prize forfeiture and selection of an alternate potential Grand Prize Winner from among all remaining eligible entries received for applicable Sweepstakes Drawing.

 

Prizes, Approximate Retail Values (“ARV”) and Odds:

 
Sweepstakes Period #1 Prizes
 
Sweepstakes Drawing Prize #1 (1 prize): Arby’s is offering an exclusive swag basket that will include one (1) “meat sweats” sweat suit (size M unisex); one (1) box of Arby’s themed items which is otherwise available only via Arby’s of the Month subscription plan (includes one (1) Arby’s picnic blanket; one (1) set of bamboo tongs; one (1) set of cuff links and roast beef earrings); one (1) prize pack of Arby’s “swag” consisting of: one (1) Arby’s “Saucy AF” t-shirt, one (1) baseball cap, one (1) set of striped socks, one (1) 18 oz. glass water bottle, one (1) “Vintage Meats” t-shirt, one (1) cooler backpack and one (1) bottle opener; and fifty-two (52) $8 Arby’s meal cards each redeemable for one (1) combo meal (sandwich, small fountain beverage and small curly fries) to be used at any participating U.S. Arby’s restaurant, prior to expiration in October 2020 (limit of one (1) per guest per restaurant visit; if cost of combo meal is less than $8, remaining amount will be forfeited; subject to additional terms and conditions of use as indicated thereon). ARV: $705.00.
 
Sweepstakes Drawing Prize #2 (1 prize): QDOBA is offering one (1) QDOBA “swag” basket consisting of one (1) QDOBA “Queso-4-life” hat, one (1) QDOBA serape backpack; one (1) QDOBA blanket; one (1) QDOBA Icons tumbler; and $500 in QDOBA Q-Cash gift cards awarded as five (5) $100 gift cards to be used at participating U.S. QDOBA restaurants (excluding non-traditional restaurant locations on college campuses, airports and malls; gift card cannot be used for online or telephone orders; subject to additional terms and conditions of use as indicated thereon). ARV: $570.00.
 
Sweepstake Drawing Prize #3 (1 prize): On the Border Cinco de Mayo party for winner and up to nineteen (19) guests at an On The Border restaurant location of the winner’s choice (click here for a complete list of participating On The Border locations)Ω. ARV: $750.00.
 
ΩParty must take place on Tuesday, May 5, 2020 (that is, “Cinco de Mayo”). If winner is not available on May 5, 2020 for any reason, prize will be forfeited without compensation and an alternate winner may be selected from among all remaining eligible entries received for the corresponding Sweepstakes Drawing.
 
Winner will be solely responsible for making all arrangements for travel to and from Party and costs thereof; any and all unspecified expenses associated with prize acceptance and use are the sole responsibility of winner.
 
Party will include Mexican-themed food and a selection of alcoholic beverages in celebration of the Cinco de Mayo holiday. It is the winner’s sole responsibility to advise On The Border personnel at time of selecting location for Party of any food allergies or other dietary restrictions. OTB Acquisitions, LLC will use commercially reasonable efforts to accommodate winner and guest; however, winner and guest understand and agree that Party will include items listed on/derived from/related to On The Border’s standard menu which is available at www.ontheborder.com. Sponsor and OTB Acquisitions, LLC disclaim liability under any legal theory if winner or guest determine that food/beverages available at Party are not suitable or appropriate for consumption.
 
Winner and guests must conduct themselves at all times at Party in an appropriate, well-behaved and respectable manner. Failure to do so will result in immediate termination of the prize, with Sponsor and OTB Acquisitions, LLC having no further liability to winner and/or guest[s] (as appropriate.) If deemed to be sufficiently egregious, Sponsor and/or OTB Acquisitions, LLC may pursue legal sanctions against winner and/or guest[s] (as applicable).
 
Winner’s guest[s] (if a minor, his/her parent or legal guardian) must complete, sign and return a liability release and publicity release (where lawful) at time of prize award. If guest is a minor, his/her parent or legal guardian must be the winner or another guest of the winner. Should winner choose to accept prize without the full complement of nineteen (19) guests for any reason, Party will be awarded in increments appropriate for the winner him/herself and those guests attending Party and no substitute prize or compensation will be awarded.
 
Alcohol beverages will be available upon request to winner and guests of legal drinking age at Cinco de Mayo party.  Should winner or his/her guests choose to partake in alcohol beverages, winner/guests do so entirely at their own risk, and assume all responsibility for any adverse consequences resulting therefrom, with the understanding that alcohol beverages are intended solely for their own consumption and are not to be supplied to other persons, including but not limited to those who are under the legal drinking age. 
 
Winner and guests understand and agree that alcohol beverages are to be consumed in a responsible manner and not to excess; and, after the consumption of alcohol beverages, winner/guests agree not to operate a vehicle or engage in any other act requiring concentration/alertness unless an independent third party has reasonably determined that they may do so without increased risk of injury/harm to themselves or third parties. Winner and guests further agree that they will conduct themselves at all times in a courteous, respectful and appropriate manner in conjunction with the consumption of alcohol beverages; belligerent, violent, aggressive, threatening or other anti-social behaviors will not be tolerated and will result in ejection of winner/guests from party without liability to Sponsor, OTB Acquisitions, LLC or Administrator.
 
In all cases, receipt of alcohol beverages is made contingent upon the winner and guests providing the alcohol beverage server with valid, government-issued photo identification establishing that they are of legal drinking age as well as the alcohol beverage server’s determination in his/her independent, professional judgment that the winner/guest has not already consumed too great a quantity of alcohol so as to pose a danger or threat to him/herself or other persons and/or their property. 
 
Should alcohol beverage server or any representative of OTB Acquisitions, LLC determine in his/her independent, professional judgment that it is not appropriate or prudent to serve alcohol beverages to winner or guests because of invalid identification furnished by winner/guest, previous alcohol consumption by winner/guest or for any other reason (e.g., belligerent, violent, aggressive, threatening or other anti-social behavior by winner/guest), OTB Acquisitions, LLC reserves the right to terminate alcohol service at the party or deny such alcohol service to any individual and the alcohol beverage server shall have no liability to winner/guest as to same; and, in such circumstance, Sponsor, OTB Acquisitions, LLC and Administrator (as well as alcohol beverage server) may take any and all necessary and appropriate actions so as to protect their respective legal rights, including contacting security personnel and/or the police. 
 
Without limiting the foregoing and to the fullest extent permitted by law, winner and guests who consume alcohol beverages at party release, indemnify and agree to hold harmless Sponsor, OTB Acquisitions, LLC and Administrator from any and all liability to person or property, arising directly or indirectly in whole or in part from the consumption of alcohol at the party, including without limitation liability under social host/dram shop laws. 
 
Sweepstakes Drawing Prize #4 (1 prize): Noodles & Company is offering a 5-course dinner for winner and one (1) guest in their Denver (Broomfield) Colorado test kitchen (including a selection of alcoholic beverages) prepared by Chef Nick Graff (Director of Culinary Research & Development at Noodles & Company) and the Noodles Culinary Team**; $1,000.00 to assist with travel expenses (awarded in the form of a Visa gift card; gift card is subject to terms and conditions of issuer as indicated thereon). ARV: $4,500.00.
 
**Date of 5-course dinner is subject to availability, blackout dates and other restrictions. Winner must provide at least sixty (60) days’ notice in advance of desired date for dinner. Winner may not receive his/her first choice of date for dinner, and Sponsor and Noodles & Company shall not have any liability in conjunction therewith. Dinner must take place within one (1) year from date of prize award or prize will be forfeited without compensation and an alternate winner may be selected from among all remaining eligible entries received for the corresponding Sweepstakes Drawing.Winner will be solely responsible for making all travel arrangements and costs thereof; any and all unspecified expenses associated with prize acceptance and use are the sole responsibility of winner.
 
It is the winner’s sole responsibility to advise Noodles World Kitchen personnel at time of scheduling date for dinner of any food allergies or other dietary restrictions, including by way of example only celiac disease. Noodles & Company will use commercially reasonable efforts to accommodate winner and guest; however, winner and guest understand and agree that the dinner will include items listed on/derived from/related to Noodles World Kitchen’s standard menu which is available at www.noodles.com. Sponsor and Noodles & Company disclaim liability under any legal theory if winner or guest determine that the dinner menu is not suitable or appropriate for consumption.
 
Participation of Chef Nick Graff is subject to his availability and other professional commitments. If Mr. Graff is not available for any reason, Noodles and Company will replace Mr. Graff with another chef of similar experience and training (to be determined in Noodles and Company’s sole discretion); and, in such case, the remaining elements of the prize shall represent the entire liability of Sponsor and Noodles and Company to winner and guest. Mr. Graff may (or may not) sign autographs or pose for videos/photos (i.e., “selfies”) with winner and guest in his sole discretion.
 
Winner and guest must conduct themselves at all times at dinner in an appropriate, well-behaved and respectable manner. Failure to do so (including but not limited to acting in an offensive or improper manner toward Mr. Graff) will result in immediate termination of the prize, with Sponsor and Noodles and Company having no further liability to winner and/or guest (as appropriate.) If deemed to be sufficiently egregious, Sponsor and Noodles and Company may pursue legal sanctions against winner and/or guest (as applicable).
 
Winner’s guest (if a minor, his/her parent or legal guardian) must complete, sign and return a liability release and publicity release (where lawful) at time of prize award. If guest is a minor, his/her parent or legal guardian must be the winner. Should winner choose to accept prize without a guest for any reason, dinner component of prize will be awarded in increments appropriate for the winner alone and no substitute prize or compensation will be awarded.
 
Alcohol beverages will be available upon request to winner and guests of legal drinking age at the dinner.  Should winner or his/her guests choose to partake in alcohol beverages, winner/guests do so entirely at their own risk, and assume all responsibility for any adverse consequences resulting therefrom, with the understanding that alcohol beverages are intended solely for their own consumption and are not to be supplied to other persons, including but not limited to those who are under the legal drinking age. 
 
Winner and guests understand and agree that alcohol beverages are to be consumed in a responsible manner and not to excess; and, after the consumption of alcohol beverages, winner/guests agree not to operate a vehicle or engage in any other act requiring concentration/alertness unless an independent third party has reasonably determined that they may do so without increased risk of injury/harm to themselves or third parties. Winner and guests further agree that they will conduct themselves at all times in a courteous, respectful and appropriate manner in conjunction with the consumption of alcohol beverages; belligerent, violent, aggressive, threatening or other anti-social behaviors will not be tolerated and will result in ejection of winner/guests from party without liability to Sponsor, Noodles & Company or Administrator.
 
In all cases, receipt of alcohol beverages is made contingent upon the winner and guests providing the alcohol beverage server with valid, government-issued photo identification establishing that they are of legal drinking age as well as the alcohol beverage server’s determination in his/her independent, professional judgment that the winner/guest has not already consumed too great a quantity of alcohol so as to pose a danger or threat to him/herself or other persons and/or their property. 
 
Should alcohol beverage server or any representative of Noodles & Company determine in his/her independent, professional judgment that it is not appropriate or prudent to serve alcohol beverages to winner or guests because of invalid identification furnished by winner/guest, previous alcohol consumption by winner/guest or for any other reason (e.g., belligerent, violent, aggressive, threatening or other anti-social behavior by winner/guest), Noodles & Company reserves the right to terminate alcohol service at the party or deny such alcohol service to any individual and the alcohol beverage server shall have no liability to winner/guest as to same; and, in such circumstance, Sponsor, Noodles & Company, LLC and Administrator (as well as alcohol beverage server) may take any and all necessary and appropriate actions so as to protect their respective legal rights, including contacting security personnel and/or the police. 
 
Without limiting the foregoing and to the fullest extent permitted by law, winner and guests who consume alcohol beverages at party release, indemnify and agree to hold harmless Sponsor, Noodles & Company and Administrator from any and all liability to person or property, arising directly or indirectly in whole or in part from the consumption of alcohol at the party, including without limitation liability under social host/dram shop laws. 
 
Sweepstakes Drawing Prize #5 (1 prize): Shake Shack is offering one (1) Shackburger a week for one (1) year. Prize will be awarded as one $400 Shake Shack gift card redeemable in-person at participating U.S. Shake Shack restaurants (excluding non-traditional restaurant locations in stadiums, other event venues and airports; gift card cannot be used for orders placed via app or online; subject to additional terms and conditions of use as indicated thereon). ARV: $400.00.
 
Sweepstakes Drawing Prize #6 (1 prize): Grubhub is offering one (1) $5,000 Grubhub gift card redeemable for food takeout/delivery on Grubhub.com or the Grubhub app; subject to additional terms and conditions of use as indicated thereon). ARV: $5,000.00.
 
Sweepstakes Drawing Prize #7 (1 prize): First Watch is offering a”Custom multi-course meal” experience for winner and up to nine (9) guests prepared by Chef Shane Schaibly (Corporate Chef and Vice President of Culinary Strategy at First Watch Restaurants, Inc.) at a First Watch restaurant location of the winner’s choice (subject to First Watch’s approval in its sole discretion); meal for a year awarded as fifty-two (52) First Watch $20 gift cards redeemable at any U.S. First Watch restaurant (subject to additional terms and conditions of use as indicated thereon); First Watch “Swag” items as determined by First Watch Restaurants, Inc. in its sole discretion. ARV: $3,290.00.
 
Date of “custom multi-course meal” experience is subject to availability, blackout dates and other restrictions. Winner must provide at least ninety (90) days’ notice in advance of desired date and location for “custom multi-course meal” experience. Winner may not receive his/her first choice of date or location for experience, and Sponsor and First Watch Restaurants, Inc. shall not have any liability in conjunction therewith. Experience must take place by December 31, 2020 or prize will be forfeited without compensation and an alternate winner may be selected from among all remaining eligible entries received for the corresponding Sweepstakes Drawing.
 
Winner will be solely responsible for making all travel arrangements and costs thereof; any and all unspecified expenses associated with prize acceptance and use are the sole responsibility of winner.
 
Meal consists of a custom multi-course meal. Alcohol beverages are included as part of the meal. It is the winner’s responsibility to advise First Watch personnel at time of scheduling date for experience of any food allergies or other dietary restrictions. First Watch Restaurants, Inc. will use commercially reasonable efforts to accommodate winner and guests; however, winner and guests understand and agree that the meal will include items listed on/derived from/related to First Watch’s standard menu which is available at www.firstwatch.com. Sponsor and First Watch Restaurants, Inc. disclaim liability under any legal theory if winner or guest(s) determine that the meal menu is not suitable or appropriate for consumption.
 
Participation of Chef Shane Schaibly is subject to his availability and other professional commitments. If Mr. Schaibly is not available for any reason, First Watch Restaurants, Inc. will replace Mr. Schaibly with another chef of similar experience and training (to be determined in First Watch Restaurants, Inc.’s sole discretion); and, in such case, the remaining elements of the prize shall represent the entire liability of Sponsor and First Watch Restaurants, Inc. to winner and guests. Mr. Schaibly may (or may not) sign autographs or pose for videos/photos (i.e., “selfies”) with winner and guests in his sole discretion.
 
Winner and all guests must conduct themselves at all times at meal in an appropriate, well-behaved and respectable manner. Failure to do so (including acting in an offensive or improper manner toward Mr. Schaibly) will result in immediate termination of the prize, with Sponsor and First Watch Restaurants, Inc. having no further liability to winner and/or guest[s] (as appropriate.) If deemed to be sufficiently egregious, Sponsor and First Watch Restaurants, Inc. may pursue legal sanctions against winner and/or guest[s] (as applicable).
 
Winner’s guests (if a minor, his/her parent or legal guardian) must complete, sign and return a liability release and publicity release (where lawful) prior to confirmation of “Custom multi-course meal” date. If guest is a minor, his/her parent or legal guardian must be the winner or another guest of winner. Should winner choose to accept prize without the full complement of nine (9) guests for any reason, prize will be awarded in increments appropriate for the winner him/herself and those guests traveling/attending the meal with the winner and no substitute prize or compensation will be awarded.
 
Alcohol beverages will be available upon request to winner and guests of legal drinking age at the meal.  Should winner or his/her guests choose to partake in alcohol beverages, winner/guests do so entirely at their own risk, and assume all responsibility for any adverse consequences resulting therefrom, with the understanding that alcohol beverages are intended solely for their own consumption and are not to be supplied to other persons, including but not limited to those who are under the legal drinking age. 
 
Winner and guests understand and agree that alcohol beverages are to be consumed in a responsible manner and not to excess; and, after the consumption of alcohol beverages, winner/guests agree not to operate a vehicle or engage in any other act requiring concentration/alertness unless an independent third party has reasonably determined that they may do so without increased risk of injury/harm to themselves or third parties. Winner and guests further agree that they will conduct themselves at all times in a courteous, respectful and appropriate manner in conjunction with the consumption of alcohol beverages; belligerent, violent, aggressive, threatening or other anti-social behaviors will not be tolerated and will result in ejection of winner/guests from party without liability to Sponsor, First Watch Restaurants, Inc. or Administrator.
 
In all cases, receipt of alcohol beverages is made contingent upon the winner and guests providing the alcohol beverage server with valid, government-issued photo identification establishing that they are of legal drinking age as well as the alcohol beverage server’s determination in his/her independent, professional judgment that the winner/guest has not already consumed too great a quantity of alcohol so as to pose a danger or threat to him/herself or other persons and/or their property. 
 
Should alcohol beverage server determine in his/her independent, professional judgment that it is not appropriate or prudent to serve alcohol beverages to winner or guests because of invalid identification furnished by winner/guest, previous alcohol consumption by winner/guest or for any other reason (e.g., belligerent, violent, aggressive, threatening or other anti-social behavior by winner/guest), none of the released parties or the alcohol beverage server shall have any liability to winner/guest as to same; and, in such circumstance, Sponsor, First Watch Restaurants, Inc. and Administrator (as well as alcohol beverage server) may take any and all necessary and appropriate actions so as to protect their respective legal rights, including contacting security personnel and/or the police. 
 
Without limiting the foregoing and to the fullest extent permitted by law, winner and guests who consume alcohol beverages at party release, indemnify and agree to hold harmless Sponsor, First Watch Restaurants, Inc. and Administrator from any and all liability to person or property, arising directly or indirectly in whole or in part from the consumption of alcohol at the party, including without limitation liability under social host/dram shop laws. 
 
Odds of winning depend on the total number of eligible entries received for applicable Sweepstakes Drawing.
 
Merchandise prizes will only be shipped to a street address in the fifty (50) United States or the District of Columbia. Where not otherwise specified herein, size of apparel items are subject to availability. Gift card prizes may be awarded in physical or “e”/electronic form and are not redeemable or exchangeable for cash except where required by applicable law. For Sweepstakes Drawing #1, Arby’s meal card prize may be awarded in physical or “e”/electronic form and is not redeemable or exchangeable for cash.
 
Winners will not receive any substitute prize or compensation for any element of any prize which is declined.
 
For Sweepstakes Drawing #2, #3, and #7, winner will not receive any substitute prize or compensation for any element of prize which is declined. For Sweepstakes Drawing #4, $1,000 Visa gift card will only be awarded if winner accepts the 5-course dinner prize element.
 
SPONSOR AND ADMINISTRATOR MAKE NO WARRANTY, REPRESENTATION OR GUARANTEE REGARDING ANY PRIZE, INCLUDING BUT NOT LIMITED TO THE WARRANTY OR MERCHANTABILTY OR FITNESS FOR THE INTENDED PURPOSE. THE ONLY WARRANTIES – IF ANY — ARE THOSE OF THE PRIZE MANUFACTURER/SUPPLIER.
 

Additional Prize Restrictions: Limit one (1) of prize per person/family/household. Any costs and incidentals not specified herein are the winner’s sole responsibility. No substitution or transfer of prize except with Sponsor’s permission or where required by law. Sponsor in its sole discretion may award a substitute prize or prize component of equal or greater value if advertised prize/prize component is unavailable at time of awarding for any reason. Any images of prizes/prize components in advertising are for illustrative purposes only and actual items awarded as prizes/prize components may differ from such images. All taxes are the sole responsibility of the winner. Should prize won by a given person equal or exceed $600 in value, he/she will be issued an IRS 1099 Tax Form for the fair market value of prize won; and, winner agrees to fully cooperate with Sponsor/Administrator in conjunction with the fulfillment of all government reporting requirements, including provision of his/her Social Security Number via IRS W9 Tax Form. Winner will NOT receive any charitable deduction or other tax benefit in conjunction with prize award.

 

Limitations of Liability: Sponsor and its agencies (including Administrator) are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to human, typographical, printing or electronic malfunction or damage of any network, hardware or software. If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Sponsor’s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or disqualify any individual who tampers with (or attempts to tamper with) the entry process/prize claim process/operation of the Sweepstakes (or any part thereof). In such event, Sponsor shall conduct the Sweepstakes and make the affected prize(s) available for affected Sweepstakes Drawing(s) in a manner which is fair, appropriate and consistent with the spirit of these Official Rules, as determined by Sponsor in its sole discretion. Notice of cancellation/termination/modification/suspension of Sweepstakes will be posted on the Website. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation, recordation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries, or prize claims; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail, or electronic entry/prize claim to be received or recorded on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile phone/device (or data/information stored thereon) related to or resulting from participation in or downloading any materials from this Sweepstakes.

 
The Released Parties (as defined in Rule 11 below) are not responsible for electronic communications that are undeliverable or do not reach entrant or prize claimant as a result of any form of active or passive filtering of any kind or insufficient space in a potential winner’s e-mail or voicemail inbox to receive e-mail or voicemail messages. Released Parties are not responsible, and may disqualify you, if your e-mail address or other contact information does not work or is changed without prior written notice to Sponsor.
Participants agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes.
 
CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE(S) OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE OR AN INDIVIDUAL OTHERWISE ATTEMPTS TO DEFRAUD SPONSOR OR ADMINISTRATOR, SPONSOR/ADMINISTRATOR, MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
 
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
 
The preceding is subject to the arbitration provision set forth in Rule 12 below.
 

Release and Additional Conditions of Participation: By participating, participants agree to be bound by and abide by these Official Rules and the decisions of Sponsor and Administrator, which shall be final and binding in all respects. By participating in this Sweepstakes, participants agree to release and hold harmless Sponsor, Administrator, Telescope Inc., prize providers (as defined in Rule 3 above), each of their respective parents, subsidiaries, affiliated and successor companies, advertising and promotion agencies,and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns, as well as Facebook, Inc., and Twitter, Inc. (collectively, the “Released Parties”) from any and all actions, claims, injury, death, loss or damage to person(s) or propertyarising in any manner, directly or indirectly, from participation in this Sweepstakes and/or acceptance, possession, receipt or use/misuse of any prize. By participating, participants also authorize the Sponsor and its designees (including prize providers) to use the participant’s name, voice, likeness, photograph, prize information, biographical data and city and state of residence in programming, advertising, trade and/or promotional material or on a winners’ list (if applicable) without compensation or notice, to the extent permitted by law. Sponsor is not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without obligation or compensation.

 
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, THAT IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the fullest extent that you may waive all such rights and benefits pertaining to the matters released here.
 
This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram or Twitter.
 

Arbitration (PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS):

 
a)     Agreement to Arbitrate: You agree that any and all disputes or claims that have arisen or may arise between you and Sponsor, whether arising out of or relating to these Official Rules, the Sweepstakes, your participation in the Sweepstakes, the prize, acceptance, possession, use or misuse of any prize, or any aspect of the relationship between us, shall be resolved exclusively through final and binding arbitration, rather than a court, under a neutral arbitrator selected by the parties in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, except as modified by this Agreement. This provision does not preclude you from bringing issues to the attention of federal, state, or local agencies and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by participating in the Sweepstakes, you and Sponsor are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury.
 
b)              To the fullest extent permitted by law, YOU AND SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINITFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SPONSOR AGREE OHTERWISE, THE ABRITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ABRITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIMS. 
 

Miscellaneous. The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s/Administrator’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on any website, social media platform or application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

 

Entrant’s Personal Information: By entering the Sweepstakes, you consent to the collection, use and disclosure of your personal information for the purpose of administering the Sweepstakes and prize fulfillment. You will also have the opportunity to sign up to receive promotional and reminder e-mails from Sponsor, Prize providers and other parties associated with Sweepstakes. Consenting to receive promotional and/or reminder e-mails is optional, does not have to be agreed to in order to be eligible to participate in the Sweepstakes and does not improve your chances of winning. To the full extent permitted by law, the name, address (city and state), image and biographical information of winners may be used by Sponsor for promotional purposes and a published winners’ list. You may be required to sign a document to this effect. Information collected from entrants is subject to these Official Rules as well as the privacy policy of the Sponsor (https://www.nokidhungry.org//privacy-policy).

 

Winners’ List: For the names of the winners, mail a separate, self-addressed, stamped envelope to: “Dine for No Kid Hungry Sweepstakes Winners”, c/o LeadDog Marketing Group, 440 9th Avenue, 17th Floor, New York, NY 10001, no later than October 31, 2019.