Washington DC Rules
SPONSOR. The Smoothie King Healthy Competition – Washington, D.C. Contest (“Contest”) is sponsored by Smoothie King Franchises Inc., 9797 Rombauer Road, Suite 150, Coppell, TX 75019 (“Sponsor”).
AGREEMENT TO THE OFFICIAL RULES: By participating in the Contest, all entrants fully and unconditionally agree to and accept these Official Rules and the Sponsor’s decisions which are final and binding in all matters related to the Contest. Winning the prizes (described below) is contingent upon fulfilling all requirements set forth herein.
CONTEST PERIOD. The Contest begins on May 29, 2024 at 8:00 am EDT (“Contest Starting Date”) and ends June 11, 2024 at 5:00 pm EDT (the “Contest Closing Date”).
ELIGIBILITY. Contest is open to select soccer clubs and leagues (“Clubs”) in the Washington, D.C. metropolitan area. In order to be eligible, the Clubs must receive a unique code from Sponsor (“Code”). Codes will be provided at Sponsor’s sole discretion and only those Clubs that receive codes from Sponsor are eligible to participate in the Contest. Employees of Sponsor and any other organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement of the Contest and/or their respective agents, affiliates, subsidiaries, and members of their immediate families or persons residing at the same address are not eligible.
HOW TO ENTER. Clubs may share the Club’s Code with their players, fans, and network (“Fans”). When a Club’s Fans make a purchase on the Smoothie King mobile app (“SK App”) using the Code, the Club will receive points equal to the dollar value of the Fan’s purchase. Sponsor will award partial points and will not round to the nearest dollar. Points are calculated on a pre-tax basis and only completed purchases will qualify. For example, if the purchase price is $4.99 + tax, the Club will receive 4.99 points. Cancelled orders, and orders made through means other than the SK App will not be eligible for points.
The Contest computer, as determined by Sponsor at its sole discretion, is the official timekeeping device for the Contest.
WINNER SELECTION. At the close of the Contest Period, Sponsor will tally all points collected by each Club during the Contest Period and the Club with the highest number of points will be the Provisional Grand Prize Winner.
In the event of a tie, the winner will be the Club among the tied entries with highest number of individual purchases. In the event of a further tie, the winner will be the Club among the tied entries with highest number of points during the period from May 29, 2024 to June 5, 2024. Decisions of Sponsor are final and binding in all respects. Being named a winner is subject to validation and verification of eligibility and compliance with all terms and conditions set forth in these Official Rules. Winner will be notified by Sponsor by email within two (2) days after the close of the Contest Period. If potential winner fails to respond to Sponsor’s notification within twenty-four (24) hours, the respective prize winner will be disqualified and the Club with the next highest score will be the potential winner for the prize. Sponsor reserves the right to select no winner if the quantity of entries is insufficient.
ODDS. Odds of winning depend on the total number of Clubs participating during the Contest Period.
PRIZES. One (1) Grand Prize. Grand Prize consists of (a) twenty-four (24) Suite level tickets to the June 14, 2024 Argentina versus Guatemala soccer match held at FedEx Field in Landover, Maryland; (b) food and non-alcoholic beverages in the Suite; (c) five (5) autographed items; and (d) a meet and greet with players after the match for ten (10) individuals selected by Club. Individuals selected by Club must be among the twenty-four (24) Suite level ticket holders. Approximate Retail Value of Grand Prize is $5,250.
Players’ participation is subject to players’ availability and professional commitments. In the event that players are not available for any reason, Grand Prize Winning Club understands and agrees that the post-game meet and greet with the players has no cash value and the Grand Prize shall consist of all of the above Grand Prize elements except for the opportunity to meet the players.
Soccer match date and time is determined in the sole discretion of the soccer match organizers, as applicable, and may be subject to change. Seat locations will be determined by Sponsor. The terms and conditions of the tickets awarded as prizes will govern in the event a legal game, event or exhibition, as defined by soccer match organizers, is not played due to weather, an act of God, an act of terrorism, civil disturbance or any other reason. The Grand Prize Winning Club and its guests agree to comply with all applicable stadium regulations in connection with each Prize. Sponsor and the applicable soccer match organizers reserve the right to remove or deny entry to Winner and/or his/her guests who engages in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at any game, event or exhibition. Sponsor will not be responsible for acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster that may cause the cancellation or postponement of any game, event or exhibition. In the event the Grand Prize Winning Club has fewer than the allotted guests accompany it on the Prize, the Prize will be awarded in increments appropriate for the actual number of guests and the Grand Prize Winning Club will not receive any compensation for such substitution. In the event individuals from the Grand Prize Winning Club cannot attend on the designated day, the prize will be forfeited and no alternative Prize will be awarded and no alternative Winner will be selected. Any difference between the stated ARV and actual value, if any, will not be awarded. Taxes on prizes are sole responsibility of Grand Prize Winning Club.
LIMITATIONS ON PRIZES. Sponsor reserves the right to substitute a prize (or portions thereof) of equal or greater value if prize (or portions thereof) cannot be awarded as described. Sponsor will determine all elements of prizes in its sole discretion. Prizes may not be assigned, transferred, changed or redeemed for cash, except at the sole discretion of Sponsor.
PRIZES ARE AWARDED “AS IS” WITH NO WARRANTY OR GUARANTEE EXPRESS OR IMPLIED. SPONSOR DISCLAIMS ALL AND ANY LIABILITY FOR THE ACTUAL PROVISION, QUALITY OR NATURE OF ANY THIRD PARTY PRODUCT OR SERVICE ACCEPTED BY THE WINNERS.
RELEASE. Clubs agree to be bound by Official Rules. Clubs further release Sponsor, its affiliated and related companies, advertising and promotional agencies and their respective shareholders, directors, officers, employees, agents, representatives, successors and assigns (collectively, the “Released Parties”) from any liability in connection with a prize or the Contest. Clubs understand that Sponsor is not liable for injuries, losses or damages of any kind arising from participation in this Contest and acceptance, possession and use of prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prizes. Decisions of Sponsor are final and binding in all respects.
DISPUTE RESOLUTION. Except where prohibited, by participating Clubs agree that: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant(s) and Sponsor and its agents shall be governed by and construed exclusively in accordance with the laws of the State of Texas without giving effect to any principles of conflicts of law of any jurisdiction. Clubs agree that any action at law or in equity arising out of or relating to this Contest, or awarding of the prizes, shall be filed only in the state or federal courts located in the State of Texas and Clubs hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this Contest, each Club agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or awarding of the prizes, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest but in no event attorneys' fees; and (c) under no circumstances will any participant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
OTHER. Sponsor assumes no responsibility for entries it is unable to process due to network, hardware or other technical failures, or any other reason, or incomplete, damaged, misdirected, illegible, stolen or lost entries. Sponsor reserves the right, in its sole discretion to disqualify any person tampering with the entry process, the operation of the web site or otherwise, in violation of the rules. CAUTION: Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such individual to the fullest extent permitted by law.
Sponsor reserves the right to disqualify any non-conforming entries. Sponsor further reserves the right, in its sole discretion, to cancel, terminate or modify this promotion if not capable of completion as planned, including infection by computer virus, technical corruption, non-authorized human intervention or force majeure. In the event of cancellation, Sponsor reserves the right to select winners from among all eligible entries received prior to date of cancellation. The use of automated entry systems or any other conduct that impedes the integrity of the Contest is prohibited. In the event of a dispute regarding online entry, entry will be deemed made by the authorized account holder of an established e-mail account associated with the entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet Access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted email address.
USE OF WINNER’S NAME. Except where prohibited by law, entry constitutes permission to use Club and Club representatives’ names, hometowns, voices, likenesses, photographs and any statements regarding this Contest for editorial, public relations, promotional and advertising purposes on behalf of Sponsor without compensation. Void where prohibited.
REQUEST FOR WINNER’S NAME: For the name of the Contest winner send a self-addressed, stamped, envelope by July 31, 2024 to: A Healthy Competition Contest Washington, D.C. Winner, Smoothie King Franchises Inc., 9797 Rombauer Road, Suite 150, Coppell, TX 75019.