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Change A Meal Challenge Official Rules 2020

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

SWEEPSTAKES ENTRY PERIOD: The Change a Meal Sweepstakes (the “Sweepstakes”) begins at 12:00:01 AM Eastern Time (“ET”) on Tuesday, March 10, 2020 and ends at 11:59:59 PM ET on Thursday, April 30, 2020 (the “Sweepstakes Period”). Within the Sweepstakes Period, there are seven (7) Weekly Entry Periods (each, a “Weekly Entry Period”) and seven (7) corresponding Weekly Random Drawings (each, a “Drawing”) as defined in the “Weekly Entry Periods & Drawings Schedule” below. Entries must be received during a Weekly Entry Period, be eligible for that Weekly Entry Period’s drawing and prize. All entries received during the Sweepstakes Period will be eligible for the Grand Prize drawing. Non-winning entries for a Weekly Entry Period will be rolled over to subsequent Weekly Entry Periods. Sponsor’s computer is the official timekeeping device for this Sweepstakes.

ENTRY PERIOD & DRAWINGS SCHEDULE

Entry Period #

ENTRY PERIODS

All eligible entries must be received between:

Drawing Date:

On or about:




# of Prizes per Entry Period

Entry Period Start:

12:00:00 AM ET on:

Entry Period End:

11:59:59 PM ET on:

1

3/10/20

3/16/20

3/17/20

1 Weekly Prize

2

3/17/20

3/23/20

3/24/20

1 Weekly Prize

3

3/24/20

3/30/20

3/31/20

1 Weekly Prize

4

3/31/20

4/06/20

4/07/20

1 Weekly Prize

5

4/07/20

4/13/20

4/14/20

1 Weekly Prize

6

4/14/20

4/20/20

4/21/20

1 Weekly Prize

7

4/21/20

4/30/20

5/01/20

1 Grand Prize

ELIGIBILITY: The Sweepstakes is open to legal residents of the 50 United States and the District of Columbia, age 18 or older at the time of entry. Void in Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees, shareholders, officers, directors and agents of Smoothie King Franchises, Inc. (the "Sponsor"), US Sweepstakes & Fulfillment Company (the “Sweepstakes Administrator”) and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Sweepstakes is subject to all applicable federal, state and local laws and regulations.

ENTRY: There are two (2) methods of entry.

Method #1: Purchase Entry. To enter, complete the promotion online form at smoothieking.com/changeameal/entry. During the Sweepstakes Period you must download and install the Smoothie King Healthy Rewards app (available from Google Play or the Apple App Store, see https://www.smoothieking.com/healthy-rewards) (the “App”), register for and/or sign in to your Smoothie King Healthy Rewards account, visit a participating Smoothie King location, make a qualifying purchase and scan your Smoothie King Healthy Rewards app to receive (1) entry into the Sweepstakes (the “Purchase Entry”). Purchase Entries must be received during the Sweepstakes Period. Entrants are subject to all notices posted online including but not limited to the Sponsor’s Privacy Policy, which can be found here: http://www.smoothieking.com/privacy-legal.

IMPORTANT: MESSAGE AND DATA RATES MAY APPLY TO USE OF MOBILE PHONE/DEVICE TO PARTICIPATE IN SWEEPSTAKES. APP IS FREE TO DOWNLOAD AND AVAILABLE FOR iPHONE FROM THE APPLE APPLICATION STORE AND FOR ANDROID FROM THE GOOGLE PLAY STORE.

Method #2: Alternate Method of Entry (the “AMOE”).To enter without making a purchase during the Sweepstakes Period, Participants may enter using one (1) of the Sponsor’s two (2) social media channels, detailed below, to receive one (1) entry into the Sweepstakes (the “AMOE Entry”).

  1. Instagram: Log in to his/her public Instagram account, follow @smoothieking on Instagram, and upload and share a Photo of a Smoothie King product with logo, or download the image available here www.smoothieking.com/changeameal/photo, (the “Photo”) to his/her public Instagram account, including the hashtags #changeamealsweepstakes and #ruletheday and @SmoothieKing in the Photo caption. By using the hashtags, participant indicates his/her agreement to these Official Rules. Entrant’s Instagram settings must be public. Entries uploaded from “private” Instagram accounts will not be eligible. Entrants must follow and continue to follow @smoothieking through at least May 31, 2020 in order to be notified in the event he/she is a potential winner. By submitting an AMOE Entry, Entrants agree to Instagram’s Terms of Use. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook, Inc. IMPORTANT: MESSAGE AND DATA RATES MAY APPLY TO USE OF MOBILE PHONE/DEVICE TO PARTICIPATE IN SWEEPSTAKES. INSTAGRAM IS FREE TO DOWNLOAD AND AVAILABLE FOR iPHONE FROM THE APPLE APPLICATION STORE AND FOR ANDROID FROM THE GOOGLE PLAY STORE.
  2. Twitter: Log in to his/her public Twitter account, follow @SmoothieKing on Twitter, post a tweet that includes the Photo described in Method 2a with the hashtags #changeamealsweepstakes and #ruletheday and @SmoothieKing to receive one (1) entry into the Sweepstakes. Message and data rates may apply. If a tweet is more than one post in length it will be considered as one (1) entry into the Sweepstakes with the first post considered the Twitter Entry. By using the hashtags, participant indicates his/her agreement to these Official Rules. Entrant’s Twitter settings must be public. Tweets from private Twitter accounts will not be eligible. Twitter Entry must be posted directly from a participant’s Twitter account. The decisions of the Sponsor are final and binding on all matters relating to determining the eligibility of tweets. Entrants must follow and continue to follow @SmoothieKing through at least May 31, 2020 in order to be notified in the event he/she is a potential winner. By submitting a Twitter Entry, Entrants agree to Twitter’s Terms of Service. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Twitter, Inc.

Your tweet, comment or post need not include any reference, positive or negative, to Sponsor’s products or services. Retweets, Instagram stories, and Instagram posts where the hashtag is included in a comment rather than the caption of the original post will not be deemed entries.

AMOE Entries must be received during the Sweepstakes Period. Entrants are subject to all notices posted online including but not limited to the Sponsor’s Privacy Policy, which can be found at http://www.smoothieking.com/privacy-legal.

SWEEPSTAKES ENTRY REQUIREMENTS & CONDITIONS: All Entries must comply with the following minimum guidelines to be eligible:

  • The Entrant should be the primary subject of the Photo. No other individuals may appear in the Photo without express written permission. If Photo features a minor under the age of majority in his/her state of residence, you must obtain written permission from the minor’s legal guardian.
  • Entrant must be a registered user of Twitter to submit a Twitter Entry or a registered user of Instagram to submit an Instagram Entry and must comply with each respective company’s Terms of Use in order to enter the Sweepstakes.
  • Photos submitted via Twitter or Instagram must include #changeamealsweepstakes and #ruletheday and @SmoothieKing in the Photo caption or comment.
  • Photos must conform to the format and size requirements and limitations of Twitter or Instagram.
  • Entry and Photo cannot contain content that is irrelevant to the purpose of the Sweepstakes.
  • Once a Photo has been submitted, it cannot be modified or deleted by Entrant.
  • Each submitted Photo must be original, on which no image editing software has been used.
  • No duplicate Photos or substantially similar Photos, as determined by the Sponsor in its sole discretion, may be submitted.
  • By submitting a Photo taken by a third party, Entrant warrants and represents that he/she has secured all rights and clearances to the Photo from the photographer.
  • Entry and Photo cannot be profane, pornographic, sexually explicit or suggestive, or contain nudity.
  • Entry and Photo cannot be violent or promote firearms/weapons.
  • Entry and Photo cannot promote alcohol, illegal drugs or tobacco.
  • Entry and Photo cannot defame, misrepresent or contain disparaging remarks about people, brands, products or companies.
  • Entry and Photo cannot contain content that defaces or depicts any person, brand, product or company in a negative or inappropriate manner.
  • Entry and Photo cannot be obscene or offensive, endorse any form of hate or hate group, or be derogatory to any ethnic, racial, gender, religious, professional or age group.
  • Entry and Photo cannot reference or contain materials embodying copyrighted images, names, likenesses or other indicia identifying any brand, products, company or person, living or dead, without permission.
  • Entry and Photo cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor, Twitter and Instagram wish to associate.
  • Entry and Photo cannot depict illegal activity and cannot itself be in violation of any law.
  • Entry and Photo cannot in any way reference persons or organizations without written permission from any person or organization whose name or likeness is used.
  • Entry and Photo may not include images of a known celebrity, famous or well-known person, or any image which violates the right of privacy or publicity of any person.
  • Photo cannot have been submitted previously in a promotion of any kind or won any previous awards.

By submitting an entry, the Entrant understands and grants to the Sponsor an irrevocable, perpetual, non-exclusive worldwide license to use his/her entry, Photo, name, hometown and likeness on the Sponsor’s various websites and social media sites and in advertising and/or promotional activities worldwide without compensation, permission or notification. Sponsor reserves the right in its sole and absolute discretion to alter, change or modify any entry, which includes the Photo.

By submitting an entry, Entrant warrants and represents that: (a) Entry does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (b) Entrant owns all rights to the entry, including without limitation, copyrights, and has received prior written permission from a third party if any Photo was photographed by someone other than the Entrant him/herself; and (c) Entrant will indemnify and hold harmless the Sponsor, Administrator and related entities, agents and assigns from any claims and damages (including reasonable attorneys' fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, the entry, or Entrant’s conduct in creating the entry, the acceptance or use of any prize or otherwise in connection with this Sweepstakes.

Limit: One (1) Entry per person per day regardless of method of entry.

PRIZES/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS:

Grand Prize: One (1) Grand Prize is available to be won. Grand Prize package includes:

  • One (1) home gym mirror
  • One (1) 12-month gym membership that will be awarded in the form of a check ($468)

The ARV of Grand Prize: $1,963.00

Week 1 Prize: There is one (1) Week 1 Prize available to be won. Week 1 Prize is one (1) $500 Smoothie King gift card.

The ARV of Week 1 Prize is: $500.00.

Week 2 Prize: One (1) Week 2 Prize is available to be won. Week 2 Prize is one (1) $200 Under Armour gift card.

The ARV of Week 2 Prize: $200.00

Week 3 Prize: One (1) Week 3 Prize is available to be won. Week 3 Prize is one (1) 6-month gym membership that will be awarded in the form of a check ($294).

The ARV of Week 3 Prize is: $294.00.

Week 4 Prize: There is one (1) Week 4 Prize available to be won. Week 4 Prize is one (1) $500 Smoothie King gift card.

The ARV of Week 4 Prize is: $500.00.

Week 5 Prize: One (1) Week 5 Prize is available to be won. Week 5 Prize is one (1) $200 Under Armour gift card.

The ARV of Week 5 Prize: $200.00

Week 6 Prize: One (1) Week 6 Prize is available to be won. Week 6 Prize is one (1) 6-month gym membership that will be awarded in the form of a check ($294).

The ARV of Week 6 Prize is: $294.00.

The total ARV of all prizes available to be won: $3,951.00.

Limit: One (1) Weekly Prize per person and per household. Weekly Winners will be eligible for the Grand Prize drawing.

Odds of winning will depend upon the total number of eligible entries received for each drawing.

RANDOM DRAWING: The winners will be selected in a series of random drawings on or about the dates listed in the Weekly Entry Period & Drawing Schedule chart found on page 1, from among all eligible entries received during that Entry Period by Sweepstakes Administrator, whose decisions are final.

WINNER NOTIFICATION: In the event a potential Grand Prize or Weekly Prize winner entered via AMOE Entry, such potential prize winner will be notified by Sponsor via direct message and/or Photo comment to his/her public Instagram, Twitter, or Facebook account (the “Initial Notification”) in accordance with the Weekly Drawing Schedule found on page 1. To begin the prize claim process, a potential winner must respond as instructed to the Initial Notification with his/her full name and email address within 48 hours of the Initial Notification. Any potential prize winner who does not reply to the Initial Notification with the required information and within the specified time period will be disqualified and an alternate winner will be notified. Within three (3) days of confirmation of the information received from a potential winner in response to Initial Notification, such potential winner will receive a second notification (the “Second Notification”) via email from the Sweepstakes Administrator and will be required to sign and return, within three (3) days of the Second Notification, an affidavit of eligibility, a liability waiver, and where allowable, a publicity release (collectively, the “Releases”). Grand Prize winner will also be required to complete a W-9 form for the sole purpose of tax reporting. If the potential winner does not reply to the Initial Notification and the Second Notification with the required information and within the specified time period, he/she will be disqualified and an alternate potential winner may be selected in a separate random drawing.

In the event a potential prize winner entered via Online Entry, such potential prize winner will be notified by the Sweepstakes Administrator via email (the “Email Notification”) on the dates found in the Weekly Drawing Schedule on page 1. If an Email Notification is returned as undeliverable, or if the selected prize winner fails to claim the prize or if selected winner cannot accept or receive the prize for any reason, or he/she is not in compliance with these Official Rules, the prize will be forfeited and an alternate winner will be selected.

If an Initial Notification, Second Notification or Email Notification is returned as undeliverable, or if the selected prize winner fails to claim the prize or if selected winner cannot accept or receive the prize for any reason, or he/she is not in compliance with these Official Rules, the prize will be forfeited and an alternate winner will be selected.

Prizes will be sent to the address provided via email within forty-five (45) days of winner being verified.

If a winner is otherwise eligible under these Official Rules, but is nevertheless deemed a minor in his or her state of primary residence, the prize will be awarded in the name of winner's parent or legal guardian who will be required to execute and return the Releases on minor’s behalf.

PRIZE CONDITIONS: Prizes are not redeemable for cash. Prize is non-assignable or transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No exchange or substitution of prizes, except at the sole discretion of the Sponsor. Any other incidental expenses on prizes not specified herein are the winner’s sole responsibility.

Winners are responsible for all federal, state, local and income taxes associated with winning prize. Except where prohibited by law, entry and acceptance of prize constitute permission to use winner's name, prize won, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.

Prize is awarded “as is” with no warranty or guarantee, either expressed or implied by Sponsor. Winners acknowledge that Sponsor and all other businesses affiliated with this Sweepstakes and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the prize being offered, except that each merchandise prize shall be subject to its manufacturer’s standard warranty (if any).

GENERAL: Participating Entrants agree to these Official Rules and the decisions of Sweepstakes Administrator and the Sponsor, and release the Sponsor, and their affiliated companies, and all other businesses involved in this Sweepstakes, as well as the employees, officers, directors and agents of each (collectively, “Released Parties”), from all claims and liability relating to their participation in the promotion, and the acceptance and use/misuse of the prize offered. Winner assumes all liability for any injury or damage caused or claimed to be caused, by participation in this Sweepstakes or use/misuse or redemption of the prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize.

If for any reason this Sweepstakes is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes, at which time, Sponsor will conduct a random drawing from among all eligible entries received at the time of the Sweepstakes termination. Sponsor is not responsible for incompatibility of Entrant’s hardware, software or browser technology.

NOTICE TO ONLINE ENTRANTS: In the event of a dispute over the identity of an online Entrant, entry will be deemed submitted by the "Authorized Account Holder" of the email address associated with entry. Authorized Account Holder means the natural person who is assigned to an email address by an internet access provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor may ask any Entrant or potential winner to provide Sponsor with proof that such party is the authorized account holder of the email address associated with the entry. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Sponsor Entities are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the internet or at any website or any combination thereof; or (iii) any injury or damage to Entrant's or any other person's computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, you (i) agree to be bound by these official rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Sweepstakes Administrator, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these official rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these official rules; and (ii) withdraw the online method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes), and to select winners from among all eligible entries received prior to withdrawal.

LEGAL WARNING:ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEBSITE OR INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

DISPUTES: Except where prohibited, Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the state of Texas. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the state of Texas without giving effect to any choice of law or conflict of law rules (whether of the state of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of Texas. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief.

THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS PROMOTION WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

PRIVACY:By entering and providing the required entry information, Entrants acknowledge that the Sponsor may also send information, samples or special offers it believes may be of interest to Entrant, or other information or goods offered by its marketing partners. Personal information collected from online Entrants is subject to the Privacy Policy, which can be found at: http://www.smoothieking.com/privacy-legal.

OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see www.smoothieking.com/changeameal or send a self-addressed, stamped envelope by May 1, 2020, to: TheChange a Meal Sweepstakes Official Rules Request, PO Box 25466, Rochester, NY 14625-0466.

WINNER CONFIRMATION: For a written confirmation of the winner (available after May 1, 2020), send a stamped, self-addressed envelope (no later than May 31, 2020), to: The Change a Meal Sweepstakes Winner Confirmation Request, PO Box 25466, Rochester, NY 14625-0466.

SPONSOR: Smoothie King Franchises, Inc., 9797 Rombauer Road, Suite 150, Coppell, TX 75019.

Void in Puerto Rico, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law.