ARAMARK DiningStyles™ Survey Sweepstakes Official Rules

 



THE FOLLOWING SWEEPSTAKES IS INTENDED FOR VIEWING IN THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING ALL U.S. TERRITORIES AND POSSESSIONS) AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW AND AMERICAN ENGLISH. YOU MUST BE 18 YEARS OF AGE OR OLDER AND THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE OR OLDER TO ENTER.

THIS OFFER MAY NOT BE REPRODUCED, REPRINTED OR PUBLISHED ELSEWHERE IN ANY FORMAT WITHOUT THE WRITTEN PERMISSION OF THE SPONSOR.

ARAMARK DiningStyles™/FacilityFOCUS™ Spring 2013 Survey Sweepstakes

Official Rules

NO PURCHASE REQUIRED TO ENTER OR WIN.

1.       The ARAMARK DiningStyles™/FacilityFOCUS™ Survey Sweepstakes (the “Sweepstakes”) begins at 12:00:01 am Eastern Time (“ET”) February 19, 2013 (the “Sweepstakes-Start”) and ends 11:59:59 pm, ET, March 15, 2013 (the “Sweepstakes-End”). Each individual campus survey will run during a different time period between Sweepstakes-Start and Sweepstakes-End (the “Sweepstakes Period”). Sponsor’s computer clock governs time.

2.       Sponsor: The Sweepstakes is sponsored by ARAMARK Educational Services, LLC, 1101 Market Street, Philadelphia, PA 19107 (the “Sponsor”) and administered by TMACO, LLC d/b/a The Marketing Agency, 2881 East Oakland Park Blvd., Suite 425, Fort Lauderdale, FL 33306 (the “Administrator”).

3.       Eligibility: The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia who are lawful permanent residents or temporary residents pursuant to a lawfully issued and valid non-immigrant visa who are 18 years of age or older and the age of majority in their state of residence or older at the time of entry and are registered students, faculty, or staff members of an educational institution that has been chosen to be surveyed by the Sponsor. Each participating educational institution will have its own Sweepstakes with a unique set of prizes. In no case will entries from one educational institution be combined with entries from another. Certain registered students, faculty and staff members at each participating educational institution will receive or have access to either a DiningStyles survey or a FacilityFOCUS survey, and all eligible, completed surveys (whether for DiningStyles or FacilityFOCUS) will be entered into one (1) Sweepstakes drawing in each participating educational institution and only one (1) set of prizes will be awarded at each such participating educational institution. Employees, officers, directors, agents, representatives and their immediate families (including spouse, parents, children, siblings, and each of their spouses regardless where they live) and members of households of Sponsor, Intelliscan, Inc. and the Administrator, their respective parent companies, subsidiaries and anyone connected with the production or distribution of the survey or the Sweepstakes, as these designations might apply, and students, faculty and employees of the educational institution being surveyed who are assigned to work with the Sponsor (collectively the “Sweepstakes Entities”) are not eligible to enter or be awarded a prize. For the sake of clarity, students/faculty/staff members working either full-time or part-time for the Sponsor are not eligible to enter the Sweepstakes or win a prize.

4.       How to Enter: Each entrant ("entrant” or “you”) may enter the Sweepstakes by 1) completing the online DiningStyles™/FacilityFOCUS™ survey. To enter, go to the website URL posted on your invitation and follow the links and instructions for entry. You must explicitly elect to enter the sweepstakes and supply your full name, a daytime telephone number and a working, valid email address for which you are the authorized user. 2) To enter the Sweepstakes without completing a survey, clearly print your name, participating educational institution, daytime phone number, date of birth and a working, valid email address for which you are the authorized user, on a piece of paper and mail it in a #10, business envelope with first class postage to: “ARAMARK DiningStyles™/FacilityFOCUS™ Survey Sweepstakes, c/o The Marketing Agency, PO Box 11859, Fort Lauderdale, FL, 33339-1859 postmarked by March 15, 2013 and received by March 22, 2013. YOU MUST PRINT YOUR PARTICIPATING EDUCATIONAL INSTITUTION ON THE BOTTOM LEFT ON THE FRONT OF THE ENVELOPE. You will receive one (1) entry. YOU MAY ENTER ONLY ONE (1) TIME REGARDLESS OF THE METHOD OF ENTRY. Entries that do not contain all the information requested or are duplicates or oversized entries, copies and other mechanical reproductions are not permitted for mail-in entries and will be disqualified from drawings. Sponsor is not responsible for illegible, lost, late, misdirected, postage due, damaged or incomplete entries. Proof of mailing an entry is not proof of receipt.  By participating in the Sweepstakes, you agree to be bound by these Official Rules. IT IS YOUR RESPONSIBILITY TO KEEP YOUR PHONE NUMBER AND EMAIL ADDRESS CURRENT, AS IT IS TO THAT NUMBER AND/OR EMAIL ADDRESS THAT A PRIZE NOTIFICATION WILL BE COMMUNICATED. An email “Authorized user” is defined as the natural person who is assigned to an email address by an Internet mail service, Internet access provider, online service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the email address. In the case of a dispute regarding who submitted a particular online entry, the entry will be deemed submitted by the authorized account holder of the email account. Online entries must be made by an individual from a stand-alone computer device and may not be made by proxy or any electronic/automated means such as script, bot, macro or any other similar software or program. You may not enter with multiple emails and/or multiple identities nor may you use any other device or artifice to obtain more than the maximum number of entries. All discovered entries made in violation of these rules will be deleted. All entries submitted become the property of Sponsor and none will be acknowledged or returned.

5.       Winner Selection: One (1) potential Grand Prize winner and three (3) potential First Prize winners from each participating educational institution will be chosen in separate, random drawings approximately 30 days after Sweepstakes-End from all eligible entries from a particular school received during the Sweepstakes Period and mail-in entries postmarked by Sweepstakes-End and received up to March 22, 2013. Potential winners will be notified by phone or email, in Sponsor’s sole discretion, to the phone number or email address entered on the survey/entry. Each potential prizewinner will be required to claim his/her prize and complete and return an Affidavit of Eligibility, Liability and Publicity Release according to the directions that accompany it within five (5) business days of notification or it will be concluded definitively that the prize has been declined and, without further notice, an alternative winner may be selected in another random drawing. Neither Sponsor nor Administrator is responsible for electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind or insufficient space in entrant's email or phone account to receive messages. Only one (1) set of prizes will be awarded at each participating educational institution.

6.       Quantities, Prizes, Approximate Retail Values (ARVs) and Odds: At each participating educational institution: (1) Grand Prize: One (1) $150 VISA® Virtual Gift Account. ARV: $150.00 each. (3) First Prize: One (1) $50 VISA® Virtual Gift Account. ARV: $50.00 each. VISA® Virtual Gift Accounts are subject to their terms and conditions and may only be used for Internet or mail order or telephone order purchases. Should the actual value of the prize be less than stated herein, the difference will not be awarded. Odds of winning: Dependent on the number of eligible entries received during the Sweepstakes Period in each educational institution surveyed. A prize will be awarded provided it is claimed properly according to these Official Rules. All prizes are awarded “as is.” Winners acknowledge that the Sweepstakes Entities and prize providers MetaBank™ and VISA®, as they may apply, have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to the prize or regarding the use, value or enjoyment of the prize. Should a greater number of prize claims be received at any educational institution because of printing, emailing, phoning, messaging, programming errors or for any reason whatsoever, only the prizes and the values stated in these Official Rules will be awarded in random drawings from all prize claims.

7.       General: Sweepstakes administration and winner selection and verification will be supervised by the Administrator, an independent judging organization, whose decisions are final and legally binding. No participant or winner shall have the right to contest any decision by the Sponsor or the Administrator concerning any aspect of the Sweepstakes or the interpretation of the Official Rules or the determination as to the qualification of entries. Sponsor is not responsible for those who are not solicited to enter the survey or cannot access the Internet or cannot click-through for any period of time to complete the online survey regardless of technical, hardware, software, telephone, Internet, virus contamination or network problems, and for delay, failure or malfunction for any reason including, but not limited to, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors, human errors, including but not limited to, errors by Sponsor and Sponsor’s representatives who enter incorrect information into any of Sponsor’s computer systems or force majeure. Proof of entry is not proof of entry receipt. The Sponsor reserves the right to cancel/terminate any or all of the individual Sweepstakes if, in the Sponsor’s sole determination, it believes that the integrity of any or all of the Sweepstakes has been, or could be, compromised, the Sweepstakes is not capable of running as planned or fairly or due to force majeure. Potential winners will be drawn from non-suspect, eligible online entries received up to the time of cancellation in each applicable educational institution and mailed entries postmarked by the date of cancellation and received up to seven (7) days later. The Sponsor reserves the right to disqualify your entry from the Sweepstakes if, in the Sponsor’s sole judgment, you have not complied with these Official Rules. Without limitation, your entries will be disqualified, in the sole discretion of Sponsor, if you attempt (i) to enter the Sweepstakes through any means other than as described in these Official Rules; or (ii) provide information that is inaccurate or fraudulent; or (iii) attempt to disrupt the Sweepstakes or circumvent the terms and conditions of these Official Rules. The Sweepstakes Entities assume no liability for damage caused to your or any other person's/entity's computer device hardware, software or communications network, regardless of cause. Only the prizes listed and the values listed in the Official Rules shall be awarded.

8.       By entering the Sweepstakes, a participant explicitly releases, discharges and holds harmless the Sweepstakes Entities and prize providers Meta Financial Group (“MetaBank”),  Visa U.S.A., Inc. (“VISA”) and their respective affiliates and their respective shareholders, officers, directors, successors, estates and assigns, one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including all “costs”, which he/she now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation in the Sweepstakes and the acceptance and use or misuse of a prize. By accepting a prize, winner waives the right to i) assert as a cost of winning the prize any and all costs of verification and redemption or travel to redeem said prize, and ii) claim any liability (including attorney's fees and costs) which might arise from redeeming or seeking to redeem said prize (including any travel related thereto). The right to receive a prize is non-assignable and non-transferable and no prize substitution, exchange or cash equivalent will be allowed except by the Sponsor who reserves the right to substitute a prize (or portion of prize) of comparable or greater value in case of unavailability of the prize or force majeure. A prize or prize notification that is returned as undeliverable will disqualify the winner and an alternative winner will be selected in a random drawing.

9.       All federal, state and local laws, regulations and ordinances apply. The Sweepstakes is void where prohibited, licensed, restricted or taxed. If any provision of the Sweepstakes shall be deemed to violate any federal, agency, state or local law, regulation or ordinance, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. If Sponsor is required by applicable federal, state, agency or local law, regulation or ordinance, or by action of an administrative agency to cease offering the Sweepstakes in any jurisdiction, Sponsor reserves the right to (i) terminate the Sweepstakes in such jurisdiction in its entirety, and/or (ii) cancel and remove from participation in the Sweepstakes your entry if you reside in such jurisdiction, without penalty and without obligation to you.

10.    This offer may not be reproduced, reprinted or published elsewhere in any format without the written permission of the sponsor.

11.    Acceptance of the prize constitutes permission to use a winner's name, educational institution, voice and likeness and any and all identifying characteristics (except address, email address and phone number) including, but not limited to, the taking of photographs and/or videos by the Sponsor's photographer/videographer for publicity purposes, without further consent or compensation, unless prohibited by law and each winner agrees to execute any and all documents requested by the Sponsor to convey such rights to own all the results thereof. Nothing contained herein shall be deemed to obligate the Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use of any and every nature and kind.

12.    The Sweepstakes Entities and participating educational institutions shall not be responsible for technical, pictorial, typographical or editorial errors or omissions in any marketing materials or these Official Rules.

13.    Privacy Policy: Sponsor, Intelliscan Inc. and the Administrator collect personal information from you when you enter the Sweepstakes that will be used for the administration of the Sweepstakes and for research purposes. The information collected is subject to the privacy policy found by clicking on “Privacy Policy” at the website URL posted at your participating educational institution and at the Administrator’s website, available at www.themarketingagency.com/html/privacyPolicy.html.  By entering the Sweepstakes, you explicitly provide consent for the use of your personal information in this manner.

14.    By entering the Sweepstakes, you agree that any and all disputes, claims, actions and causes of action arising out of or connected with the Sweepstakes or the prize awarded and all issues and questions concerning the validity, interpretation and enforceability of these Official Rules shall be resolved individually, without resort to any form of class action, and exclusively in a court of competent jurisdiction sitting in Philadelphia County, Pennsylvania without regard for conflicts of law doctrine. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes and under no circumstances will you seek or be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental or consequential damages and any other damages other than for actual out-of-pocket expenses including any and all rights to have damages multiplied or otherwise increased and in no event attorneys' fees or costs. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you.

15.    For the Names of the Prize Winners at Your Participating Educational Institution Only — available on or about May 15, 2013; send a self-addressed, stamped # 10, business envelope to: Winners <Name of participating educational institution>—ARAMARK DiningStyles/FacilityFOCUS Survey Sweepstakes, c/o ARAMARK Higher Education 1101 Market Street, Philadelphia, PA 19107 to be received by May 30, 2013. Only one (1) request per outer mailing envelope. You cannot enter the Sweepstakes using this address. Entries mailed to this address will be discarded.

All trademarks are the property of their respective owners. Each of MetaBank and VISA is not affiliated with ARAMARK Educational Services, LLC and does not sponsor, endorse, approve or have any responsibility for this promotion. © 2013, The Marketing Agency.