SK Sleighs the Holidays Giveaway 3

AGREEMENT TO THE OFFICIAL RULES: By participating in the Sweepstakes, 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 Sweepstakes. Winning the prize (described below) is contingent upon fulfilling all requirements set forth herein.

SPONSOR: The SK Sleighs The Holidays Giveaway 3 (“Sweepstakes”) is sponsored by Smoothie King Franchises Inc., 9797 Rombauer Road, Suite 150, Coppell, TX 75019 (“Sponsor”).

SWEEPSTAKES ENTRY PERIOD: The Sweepstakes begins at 12:00 a.m. Eastern Standard Time (“EST”) on Thursday, December 12, 2024, and ends at 11:59 p.m. EST on Thursday, December 12, 2024 (the “Sweepstakes Period”). Sponsor’s computer is the official timekeeping device for this Sweepstakes.

ELIGIBILITY: The Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia, age 18 or older at the time of entry. Void in Rhode Island, and wherever else prohibited by law. Employees, shareholders, officers, directors and agents of the Sponsor and its 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. Prior to submitting a Purchase Entry, participants must create a free Healthy Rewards account via the Smoothie King website or via the Smoothie King mobile application (available from Google Play or the Apple App Store, see https://www.smoothieking.com/healthy-rewards) (the “App”) and register for or sign in to his/her Smoothie King Healthy Rewards account. Then, during the Sweepstakes Period, participants must make a purchase using a Healthy Rewards account to receive one (1) entry into the Sweepstakes (the “Purchase Entry”). Purchases made via order ahead, scan-to-pay, scan-to-earn, and/or delivery orders placed through the App will automatically qualify as Purchase Entries.

Method #2: Alternate Method of Entry (the “AMOE”). To enter without purchase, during the Sweepstakes Period, participants must create a free Healthy Rewards account and submit an online form (available at https://skpromo.formstack.com/forms/sksth_2024_free_smoothie_king). The email account provided in the AMOE must be associated with an active Healthy Rewards account.

Purchase Entry and AMOE Entry collectively referred to herein as “Entry” or “Entries”. 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.

All methods of entry have an equal chance of winning. All Entries become the property of the Sponsor and will not be acknowledged or returned.

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

Grand Prize: There are five (5) Grand Prizes available to be won. Each Grand Prize winner will receive Smoothie King Smoothies for a Year. Grand Prize will be awarded in the form of a $7.75 in Smoothie King store credit per week for 52 weeks. Each Grand Prize winner will receive an e-gift card for $403 to their Healthy Rewards email address. The ARV of each Grand Prize is $403 and the total ARV of all Grand Prizes is $2,015. Odds of winning will depend upon the total number of eligible entries received.

RANDOM DRAWING: The winners will be selected in a random drawing on or about December 19, 2024 from among all eligible entries received during the Sweepstakes Period by the Sponsor whose decisions are final.

WINNER NOTIFICATION: The potential prize winners will be notified by Sponsor via the email listed in the potential winner’s Healthy Rewards Account (the “Email Notification”) on or about December 19, 2024.

To begin the prize claim process, a potential winner must respond as instructed to the Email Notification with his/her full name within 48 hours of the Email Notification. Any potential prize winner who does not reply to the Email Notification with the required information and within the specified time period will be disqualified and an alternate winner will be notified. The potential winner may be required to sign and return, within seven (7) days of notification, an Affidavit of Eligibility, a Liability Waiver, an IRS W-9 Form and where allowable, a Publicity Release (collectively, “the Releases”). These Releases will require the Grand Prize winner to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. 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 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: Prize is not assignable, transferable and may not be substituted except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value at its discretion. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.

Winner is responsible for all federal, state, local and income taxes associated with winning prize. A Grand Prize winner of a prize valued at over $600 will be required to furnish his/her Social Security Number for the sole purpose of preparation of tax forms as required by law. 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.

RELEASE: Entrants agree to be bound by Official Rules. Entrants 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 Sweepstakes. Entrants understand that Sponsor is not liable for injuries, losses or damages of any kind arising from participation in this Sweepstakes 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 Sweepstakes or in the announcement of the prizes. Decisions of Sponsor are final and binding in all respects.

DISPUTE RESOLUTION. Except where prohibited, by participating Sweepstakes entrants 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. Entrant agrees that any action at law or in equity arising out of or relating to this Sweepstakes, or awarding of the prizes, shall be filed only in the state or federal courts located in the State of Texas and entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this Sweepstakes, each entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, 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 Sweepstakes 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 Sweepstakes 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 Sweepstakes 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 Winner’s name, hometown, voice, likeness, photograph and any statements regarding this Sweepstakes for editorial, public relations, promotional and advertising purposes on behalf of Sponsor without compensation. Void where prohibited.

WINNER LIST: For a written confirmation of the winner (available after December 19, 2024), send a stamped, self-addressed envelope (no later than February 15, 2025), to: SK Sleighs The Holidays Giveaway 3 Winners List, Smoothie King Franchises, Inc., 9797 Rombauer Road, Suite 150 Dallas, TX 75019.