- THE SUBWAY® “YOURSTOMAKE” SWEEPSTAKES (“Sweepstakes”) starts at 10:00 am on 20 March, 2017 and ends at 6:00 pm on 17 April 2017. All times is Gulf Standard Time (that is 2-4 hours ahead of GMT/UTC). The SUBWAY® “YOURSTOMAKE” SWEEPSTAKES will be conducted online via a dedicated microsite only that will link to your Facebook account. Please note that if you are accessing it on your mobile device, you may incur data charges for connecting to the Internet.
- TO PARTICIPATE IN THE SWEEPSTAKES, you must be at least 18 years of age and have a Facebook account. You must be a resident of United Arab Emirates.
- TO ENTER THE SWEEPSTAKES, you will be using Facebook Messenger’s ChatBot technology, you will go through a fun, interactive experience that helps people make life choices based on their favorite sub combinations. Our ChatBot will guide users through a playful step-by-step process of customizing their sub; once they’re done, the bot will generate the lifestyle choice in a fun way. The Bot will then ask users to take a selfie to enter the draw. The selfie will instantly be turned into a fun customized image. They will then have the choice of sharing the pic on Facebook Messenger, save it on their devices or share it on other platforms through our microsite. (The selfies taken will be saved in our microsite in order to enter the draw.) At the end of completing all steps of the chatbot, and entering their personal information (including but not limited to phone number, email and date of birth) (“Personal Information”), users will be automatically entered into a draw to win 2,000 AED gift card. No purchase is required. You may enter the Sweepstakes as often as you wish. The winners will be chosen randomly by a computer. Winners cannot win more than once.
- RAFFLE DRAW AND PRIZES: A Raffle Draw will take place at the end of every week for 6 weeks from March 20, 2017 till April 17, 2017, wherein the winner for every week will be announced after each respective Raffle Draw. 6 winners (“Winners”) in total will each win 2,000 AED gift card.
The Sweepstakes is open only to legal residents of the United Arab Emirates who are at least 18 years or older on the date of entry ("Entrant"). Officers, directors and employees of the Subway Franchisee Advertising Fund Trust B.V. (SFAFT BV), Franchise World Headquarters, LLC. (FWH), SUBWAY® restaurants, Doctor's Associates, Inc., Momentum MENA (defined below) their advertising, web design, and promotion agencies and each of their respective parent companies, subsidiaries, affiliates, suppliers (all of the preceding to be collectively referred to as "Sweepstakes Entities"), and the members of each of their households, whether or not related, and immediate family members (spouse, and parents, siblings and children and their respective spouses) are not eligible to enter or win.
The sole Sponsor of the Sweepstakes is Subway Franchisee Advertising Fund Trust B.V., Prinsengracht 13C, Amsterdam 1015 DK, Netherlands (hereinafter referred to as "Sponsor"). The Sweepstakes is administered by Momentum MENA, located at twofour54, Eastern Ring Road, P O Box 2454, Abu Dhabi, UAE (hereinafter referred to as “Administrator”).
- HOW TO ENTER THE SWEEPSTAKES:
To participate in the Sweepstakes, each Entrant must have a Facebook account (on www.facebook.com,) and be at least 18 years of age on the date of participation. In order to participate in the Sweepstakes the Entrant (or his/her parent/legal guardian if Entrant is under 21 years of age) must accept these Official Rules. A pop-up will prompt the Entrant for details of their location, name, number, age, and email address. These are the details that will be later used to contact the Entrant should he or she win. Entrants will be using Facebook Messenger’s ChatBot technology, they will go through a fun, interactive experience that helps people make life choices based on their favorite sub combinations. So our ChatBot will guide users through a playful step-by-step process of customizing their sub; once they’re done, the bot will generate the lifestyle choice in a fun way. The Bot will then ask users to take a selfie to enter the draw. The selfie will instantly be turned into a fun customized image. The Entrant accepts the customizing of the Entrant’s selfie is not intended to defame or insult the Entrant. The Entrant will then have the choice of sharing the image on Facebook Messenger, save it on their devices or share it on other platforms through our microsite (“Submission”). (The selfies taken will be saved in our microsite in order to enter the draw.) And then users will be automatically entered into a draw to win 2,000 AED gift card. No purchase is required. You may enter the Sweepstakes as often as you wish. The winners will be chosen randomly by a computer. Winners cannot win more than once.
By making a Submission, the Entrant (or his/her parent/legal guardian if Entrant is under 21 years of age) warrants and represents that it: (a) is the Entrant’s original work, (b) has not been previously published, (c) has not won previous awards for the same work, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) that Entrant has obtained permission from a person whose name, likeness or voice is used in the Submission and that publication of the Submission via various media including Web posting, will not infringe on the rights of any third party.
- SELECTION OF WINNERS:
Winners will be randomly chosen by a computer. The names of the Winners of the prizes will be announced through our Facebook page. Winners will also be notified through the contact details provided with their entries. Winners cannot win more than once. Prizes must be claimed 6 months after the announcement of Winners. Any prizes not claimed within 6 months of the announcement will be forfeited and other Entrants will be randomly chosen to claim said prizes.
- RAFFLE DRAW AND PRIZES:
A Raffle Draw will take place at the end of every week for 6 weeks from March 20, 2017 till April 17, 2017, wherein the Winners for every week will be announced after each respective Raffle Draw. 1 Winner per week, 6 Winners in total will each win 2,000 AED gift card. (“Prize”). Prizes are not transferable. Prizes cannot be substituted or redeemed for cash.
- HOW TO CLAIM A PRIZE:
To claim a Prize, Winners must contact Momentum MENA at twofour54, Eastern Ring Road, P O Box 2454, Abu Dhabi, UAE or by email: firstname.lastname@example.org within 6 months of the announcement of the Winners. This information will be conveyed to all individual Winners at the time of announcement of Winners. Momentum MENA will then contact the Winners and inform them about the place and manner of collection of Prizes. The Winners must collect their Prize within 6 months of being contacted, for this purpose; the date of contact will be the date of sending the email from Momentum MENA’s email address. Any Prize not claimed within 6 months of being contacted will be forfeited. The Sponsor (including its employees and agents) is not responsible for any tax liability incurred by Winners.
- NOT AN OFFER OR CONTRACT OF EMPLOYMENT:
Under no circumstances shall an entry of a Submission or having a Submission selected as the winning Submission or anything in these Terms and Conditions be construed as an offer or contract of employment with the Sponsor and/or Administrator.
- ENTRY GUIDELINES:
All materials and content submitted by an Entrant for participation and entry into this Sweepstakes must comply with the following guidelines to be an Entrant: Submission must be original or the intent must secure all licenses permissions and clearances for use of the content and won’t infringe upon any third party intellection property right. The Submission must not depict any acts contradicting the local moral and religious codes, the Submission may not be sexually explicit or suggestive, offensive, threatening, dangerous, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic or contain nudity; the Submission may not promote alcohol, underage drinking, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous or that are illegal, or any particular political agenda or message; the Submission may not defame, misrepresent or contain disparaging remarks about Sponsor, the SUBWAY® brand, DAI, FWH., or other people, products or companies; the Submission may not contain any personally identifiable information, such as license plate numbers, personal names, e-mail addresses or street addresses; the Submission may not contain or mention copyrighted or trademarked materials, logos or trade dress owned by others without permission; the Submission may not contain materials embodying the names, likeness, photographs, or other indicia identifying any person, including, but not limited to, celebrities and/or friends, living or dead, without permission; the Submission may not communicate messages or images inconsistent with the positive images and/or goodwill to which the Sponsor wishes to associate; the Submission may not itself be in violation of any law or otherwise; the Submission may not include any dangerous stunts, pyrotechnics and/or abuse of people or animals; the Submission must not defame or invade the publicity rights or the privacy of any person, living or deceased, or otherwise infringe upon any person's personal or proprietary rights; the Submission that includes materials that are not original to the Entrants may be disqualified at Sponsor’s discretion; and Sponsor reserves the right to disqualify any Entry for any reason, in their sole and absolute discretion.
- LIMITATIONS OF LIABILITY/INTERNET:
The Sponsor and/or Administrator is not responsible for illegible, lost, late, incomplete, stolen, misdirected, postage due, or undeliverable email or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. The Sponsor and the Administrator are not responsible for any typographical, technical, technological, mechanical or factual errors, incorrect or inaccurate information, whether caused by any website users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes and assume no responsibility for any omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical, technological, mechanical or factual error, theft or destruction or unauthorized access to any website(s).
Additionally, the Sponsor and the Administrator bear no liability for acts of Force Majeure or other acts which interfere with the intended proper administration, operation and fulfillment of this Sweepstakes. The Sponsor and the Administrator are not responsible for any injury or damage, whether personal or property, to participants' or to any person's computer related to or resulting from participating in this Sweepstakes. If, for any reason, Sponsor in its sole discretion, believes or has obtained information that the Sweepstakes or any portion of it is not operating as intended or is not capable of operating as intended, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes in a manner it deems fair and reasonable, including the selection of Winners from among eligible entries received prior to said cancellation, termination, modification or suspension. In no event will more Prizes be awarded in any portion of this Sweepstakes than are stated in these Official Rules for that portion of the Sweepstakes. In the event of any technical, technological, mechanical, factual or other error resulting in more potential Winners than are stated or intended in these Official Rules, a random drawing will be held among the claimants to award the number of Prizes as stated in these Official Rules.
In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared made by the authorized account holder of the email address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. In the case of an individually-owned domain, the owner of the domain name will be deemed the "authorized account holder." The Sponsor reserves the right, to disqualify any individual found, in its sole opinion, to be tampering or attempting to tamper with the operation of the Sweepstakes; to be acting in violation of these Official Rules; to be acting with the intent to disrupt the normal operation of this Sweepstakes; or to be otherwise acting in an unsportsmanlike manner. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Sweepstakes will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. NOTE: ALL PRIZES ARE AWARDED "AS IS" AND THE SPONSOR & OTHERS MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AS REGARDS ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, CHECK LOCAL LAWS TO LEARN IF ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO ENTRANT.
By participating, in the SUBWAY® “YOURSTOMAKE” SWEEPSTAKES, the Entrant agrees to the SUBWAY® “YOURSTOMAKE.” SWEEPSTAKES Privacy Statement and Official Rules located at: http://www.yourstomake.com/
The Entrants (or his/her parent/legal guardian if Entrant is under 21 years of age) agree that the Administrator may gather Personal Information provided by Entrants online for the purposes of conducting and managing this Sweepstakes and may, for this purpose, disclose such Personal Information to third parties, including but not limited to agents, contractors, service providers, Prize suppliers, and if required, to any regulatory authorities. Personal Information may include, but is not limited to: name (full name or first initial and last name), maiden name, nickname, email address, home address, home postal code, home telephone number, mobile telephone number, date of birth, photographic images (especially of face or other identifying characteristics, such as, but not limited to: eye, skin, and hair color, facial features, personal marks such as, but not limited to: tattoos, birthmarks, moles, and scars, as well as, video and voice recordings. Personal Information is only collected when provided by an Entrant, at the time the Entrant enters the SUBWAY® “YOURSTOMAKE” SWEEPSTAKES. If the Entrant does not provide Administrator the requested Personal Information required to enter the SUBWAY® “YOURSTOMAKE” SWEEPSTAKES, the Entrant will not be able to participate in the SUBWAY® “YOURSTOMAKE” SWEEPSTAKES. By participating in the SUBWAY® “YOURSTOMAKE” SWEEPSTAKES located at: http://www.yourstomake.com/ , the Entrant (or his/her parent/legal guardian if Entrant is under 21 years of age) agrees and understands that the Administrator may collect, use, share, and protect the Entrant’s Personal Information. The SUBWAY® “YOURSTOMAKE...” SWEEPSTAKES Privacy Statement located at: http://www.yourstomake.com/ describes, among other things, the types of Personal Information that may be collected from the Entrant, how the Administrator may use the Entrant's Personal Information, when the Administrator may share the Entrant's Personal Information, who the Entrant's Personal Information may be shared with, how the Administrator protects the Entrant's Personal Information when the Entrant enters the Sweepstakes, how the Entrant may opt-out, access, update, or correct Personal Information the Entrant provided Administrator upon entering the Sweepstakes, how and/or who the Entrant may complain to if Administrator breaches any applicable law regarding the Sweepstakes, and how Administrator may deal with such complaints. The SUBWAY® “YOURSTOMAKE” SWEEPSTAKES, Privacy Statement also applies to any Personal Information the Entrants may provide to Administrator offline, such as, any Personal Information the Entrant may provide to the Administrator at a live event, during verification procedures, or any other instances in which Administrator may collect Personal Information from the Entrants offline, solely regarding the SUBWAY® “YOURSTOMAKE” SWEEPSTAKES. Upon entering the SUBWAY® “YOURSTOMAKE” SWEEPSTAKES, SFAFT BV, may ask the Entrant to Opt-In (which requires the Entrant’s express consent), to receive specifically requested opt-in information or materials by the Entrant, such as, but not limited to: coupons, newsletters, informational materials, marketing communications, or other special sweepstakes, promotions, etc., or other offers, from SFAFT BV, its affiliates within, the FAF Group and/or the SUBWAY® Group, or third-party service provider, Customer Portfolios LLC (“CP”), located in Boston, Massachusetts, United States of America (USA). If the Entrant does not specifically check the Opt-In box, the Entrant will only be contacted by the Administrator, Momentum MENA, SFAFT BV for the purpose of administering the SUBWAY® “YOURSTOMAKE” SWEEPSTAKES. By participating in the SUBWAY® “YOURSTOMAKE” SWEEPSTAKES, the Entrant (or his/her parent/legal guardian if Entrant is under 21 years of age) hereby consents to the collection, use, and disclosure of the Entrant's Personal Information provided to Administrator by the Entrant, solely in connection with the SUBWAY® “YOURSTOMAKE” SWEEPSTAKES Terms and Conditions. The Entrant (or his/her parent/legal guardian if Entrant is under 21 years of age) further acknowledges that the Entrant has read, understands, and accepts, the SUBWAY® “YOURSTOMAKE.” SWEEPSTAKES Privacy Statement available at: http://www.yourstomake.com/ . SFAFT BV’s role in the Sweepstakes is limited to promoting the SUBWAY® “YOURSTOMAKE” SWEEPSTAKES located at: http://www.yourstomake.com/ as well as on the official SUBWAY® Facebook Page for Subway Arabia located at: www.facebook.com/subwayarabia, and is the sole Prize provider for the SUBWAY® “YOURSTOMAKE” SWEEPSTAKES. SFAFT BV hired Momentum MENA to run and administer the SUBWAY® “YOURSTOMAKE.” SWEEPSTAKES. Momentum MENA’s role is limited to drafting the rules of the SUBWAY® “YOURSTOMAKE” SWEEPSTAKES, conducting the drawing of Prize Winners from all Entrants received during the SUBWAY® “YOURSTOMAKE.” SWEEPSTAKES Period, notifying the Winners from all Entries received during the SUBWAY® “YOURSTOMAKE” SWEEPSTAKES Period, as well as being the prize fulfiller for the SUBWAY® “YOURSTOMAKE” SWEEPSTAKES. SFAFT BV urges the Entrant to review Administrator, Momentum MENA’s full privacy practices and procedures located at: http://www.momentumdigital.net/privacypolicy/privacypolicy.pdf. SFAFT BV’s third-party service provider CP, located in the USA, may send the Entrant opt-in information or materials specifically requested by the Entrant at the time of entering the SUBWAY® “YOURSTOMAKE” SWEEPSTAKES, on behalf of SFAFT BV. SFAFT BV urges the Entrant to review third-party service provider CP’s, full privacy practices and procedures located on their website at: http://www.customerportfolios.com/privacy-policy/#privacy, or any other Promotional Partners listed in these Official Rules. For further information regarding SFAFT BV’s full privacy practices and procedures, please see SFAFT BV’s Privacy Statement located at: http://www.subwayarabia.com/page_privacy_policy.php.
By entering the SUBWAY® “YOURSTOMAKE” SWEEPSTAKES, each Entrant (or his/her parent/legal guardian if Entrant is under 21 years of age) agrees to the publication, reproduction and/or other use of his/her name, address, voice, image, statements about the SUBWAY® “YOURSTOMAKE” SWEEPSTAKES, photograph and/or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor/Administrator, solely regarding the SUBWAY® “YOURSTOMAKE” SWEEPSTAKES, including, but not limited to: print, broadcast, the internet (including social media), and on the SUBWAY® “YOURSTOMAKE” SWEEPSTAKES Winners’ list.
- PUBLICITY RIGHTS:
By accepting a Prize, the Winners (or his/her parent/legal guardian if Entrant is under 21 years of age) agree to allow the Sponsor and/or the Sponsor's designee the perpetual right to use his/her name, biographical information, photos and/or likeness, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
- INTELLECTUAL PROPERTY:
- The Entrants (or his/her parent/legal guardian if Entrant is under 21 years of age) who submit the winning Submission agrees to the use of their name, addresses, Submission, statements, and photographs or other likenesses, in perpetuity, without further compensation, notification or permission in any publicity or advertising carried out by the Sponsor or related entities in any and all media now known or hereinafter developed without territorial or time limitation, except where prohibited by law. The Sponsor reserves the right to alter, change or modify the Submission, in its sole discretion.
- Submissions(s) will not be returned to any Entrant. As a condition of entry, each Entrant (or his/her parent/legal guardian if Entrant is under 21 years of age) irrevocably grants to the Sponsor a non-exclusive perpetual worldwide license to use and exploit all intellectual property rights (including without limitation, copyright) in and to the Submission and consents to the Sponsor doing (or omitting to do) any acts in respect of the Submission which may otherwise constitute an infringement of the Entrant’s moral rights. For the avoidance of doubt, the Sponsor may use all or any part of an Entrant’s Submission(s) for any purposes at its discretion, including, without limitation, using the Entrant’s Submission(s) for promotional, marketing or publicity purposes, whether in respect of this promotion, the Sponsor, or otherwise. Each Entrant (or his/her parent/legal guardian if Entrant is under 21 years of age) warrants to the Sponsor that the Submission submitted is an original literary work of the entrant which does not infringe any rights of any third party. A breach of the warranty set out in this condition will result in the Entrant’s entry being invalid. In addition, each Entrant (or his/her parent/legal guardian if Entrant is under 21 years of age) indemnifies the Sponsor against all loss, damages and costs incurred by the Sponsor arising from that Entrant’s breach of the warranty set out in this condition.
By participating in the Sweepstakes, each Entrant (or his/her parent/legal guardian if Entrant is under 21 years of age) releases and agrees to indemnify and hold harmless the Sponsor, Administrator, SFAFT BV, FWH, Subway® Middle East and Africa, and Sweepstakes Entities from and against any and all costs, claims, damages, or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to participation in the Sweepstakes, acceptance, redemption, use, or misuse of a Prize, or arising out of participation in any Sweepstakes or Prize related activity, whether hosted by Sponsor or a third party.
- GENERAL: By entering this Sweepstakes, Entrants (or his/her parent/legal guardian if Entrant is under 21 years of age) agree to abide by these Official Rules as stated herein and the decisions of the Sponsor and/or Administrator, which are final and binding in all matters pertaining to this Sweepstakes. All applicable laws and regulations apply. Except where prohibited, by participating in the Sweepstakes, Entrants (or his/her parent/legal guardian if Entrant is under 21 years of age) agree that: (a) except as otherwise specifically set forth in these Official Rules, any action arising out of or relating to these Official Rules or the rights and obligations of any participant and/or Sponsor shall be filed exclusively in the appropriate courts in the United Arab Emirates; and participants hereby consent and submit to the personal jurisdiction of such court for the purposes of litigating any such action; (b) any and all disputes, claims, and causes of action arising out of or connected with these Official Rules, and/or the rights and obligations of any participant and/or the Sponsor shall be resolved individually, without resort to any form of class action; (c)any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and in no event will Entrants be entitled to receive attorneys' fees or other legal costs; (d) under no circumstances will Entrants be permitted to obtain injunctive or other equitable relief and an Entrant's sole remedy will be an action at law for damages to the extent allowed by sub-paragraphs; and (e) under no circumstances will Entrants be permitted, and Entrants hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out of pocket costs described in (c) above; and (ii) have damages multiplied or otherwise increased.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant, Entrant and/or Sponsor shall be governed by and construed in accordance with the laws of the United Arab Emirates without reference to conflict of laws principles. If any provision or provisions of these Official Rules shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. All applicable laws apply. All entries become property of the Sponsor and will not be returned.
These “YOURSTOMAKE" Official Rules may not be reproduced or reprinted in part or in their entirety without the express prior written permission of Subway Franchisee Advertising Fund Trust B.V.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram, Facebook or Twitter. Entrants understand that they are providing their information to the Administrator and/or Sponsor and not to Instagram, Inc., Facebook or Twitter. Any questions, comments or complaints must be directed to the Administrator and/or Sponsor, and not to Instagram, Inc., Facebook or Twitter. Each Entrant in the Sweepstakes completely releases Facebook of any liability.
SUBWAY® is a Registered Trademark of Subway IP Inc. ©2017 Subway IP Inc.