Zaxby's

Fanz of Flavor™ Sweepstakes

Official Rules

ZAXBY’S® FANZ OF FLAVOR™ SWEEPSTAKES OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.

OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OLD AT THE TIME OF ENTRY.

VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

The Zaxby’s® Fanz of Flavor™ Sweepstakes (“Sweepstakes”) is sponsored by Zaxby’s National Marketing Fund, Inc., a Georgia nonprofit corporation (“Sponsor”), 1040 Founder’s Boulevard, Suite 100, Athens, GA 30606 and is administered by Prize Logic, LLC (“Administrator”), 25200 Telegraph Road, Suite 405, Southfield, MI 48033.

1. SWEEPSTAKES TIMING: The Sweepstakes begins on September 10, 2016 and ends on November 29, 2016, and will be open only during the following entry periods (each, an “Entry Period”): 

Entry Period

Start Date (at 8:00 AM Eastern Time [“ET”])

End Date (at 11:59:59 pm et)

Drawing Date

1

9/10/16

9/13/16

9/15/16

2

9/17/16

9/20/16

9/22/16

3

9/24/16

9/27/16

9/29/16

4

10/1/16

10/4/16

10/6/16

5

10/8/16

10/11/16

10/13/16

6

10/15/16

10/18/16

10/20/16

7

10/29/16

11/1/16

11/3/16

8

11/5/16

11/7/16

11/9/16

9

11/10/16

11/15/16

11/17/16

10

11/19/16

11/22/16

11/24/16

11

11/26/16

11/29/16

12/1/16



Non-winning entries will not carry forward into subsequent Entry Periods (except for the purposes of the grand prize drawing, will include all valid entries received in all Entry Periods). Entries will not be accepted outside of an Entry Period. The Administrator’s computer is the Sweepstakes’ official clock.

2. ELIGIBILITY: The Sweepstakes is offered only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age at the time of entry. Employees, officers, directors, representatives, and agents of Sponsor, Administrator, and each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies (collectively, “Sweepstakes Entities”) and each of their immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to enter or win. Void where prohibited or restricted by law. Participation consists of entrant’s full and unconditional agreement to these Official Rules and Sponsor and

Administrator’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.

3. HOW TO ENTER THE SWEEPSTAKES: During an Entry Period, an entrant must take a fan video or photo showing school or Zaxby’s spirit. (“Video/Photo”). The Video/Photo can include the painting of the Zaxby’s® chicken at the Tailgate Tour Event or any depiction of a Zaxby’s fan’s attitude or enthusiasm. After an entrant has a Video/Photo, there are two (2) ways to enter the Sweepstakes:

A. Instagram: During an Entry Period, an entrant must log in to his/her Instagram® account and create a post on his/her feed that includes the Video/Photo and the two (2) hashtags


             i.  (i) #FanzofFlavorand “#sweepstakes”; or
             ii. (ii) “#FansofFlavor” and “#sweepstakes”

after which an entrant will receive one (1) entry into the applicable Entry Period (“Instagram Entry”).

NOTE: The post must be a new Instagram post. Placing the hashtags on an existing Instagram post created prior to the Start Date of the Sweepstakes will not be considered a valid Instagram Entry. Due to the way Instagram operates its service, Sponsor may not receive Instagram Entries from Instagram users with "protected" updates/private posts (i.e., an entrant has set his/her account so that only people the entrant has approved can view his/her updates). To participate in the Sweepstakes via Instagram, an entrant must already have or create an account on Instagram. Entrants may download the Instagram application on their mobile devices to register for an Instagram account at no cost via http://instagram.com. Creation of an Instagram account requires entrant to agree to Instagram’s Terms of Service and Privacy Policy, available at http://instagram.com/about/legal/privacy and http://instagram.com/about/legal/terms, respectively. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram.

B. Twitter: During an Entry Period, an entrant must log in to his/her Twitter® account, follow @zaxbys, and post a Tweet that includes the Video/Photo and the two (2) hashtags

             i.  (i) “#FanzofFlavor” and “#sweepstakes”; or
             ii.  (ii) “#FansofFlavor” and “#sweepstakes”

after which an entrant will receive one (1) entry into the applicable Entry Period (“Twitter Entry”).

NOTE: The Tweet must be a new Tweet. Placing the hashtags on an existing Tweet created prior to the Start Date of the Sweepstakes will not be considered a valid Twitter Entry. An entrant must have a non-private Twitter account to enter the Sweepstakes and maintain such non-private account for at least thirty (30) days after the Sweepstakes ends to be eligible to win/claim a prize for potential winner notification purposes. Due to the way Twitter operates its service, Sponsor may not receive Twitter Entries from Twitter users with "protected" Tweets (i.e., a entrant has set his/her account so that only people the entrant has approved can view his/her updates).To participate in the Sweepstakes via Twitter, an entrant must already have or create an account on Twitter. Entrants may create a Twitter account at no cost at https://twitter.com. Creation of Twitter account requires entrant to agree to Twitter’s Terms of Service and Privacy Policy, available at https://twitter.com/tos and https://twitter.com/privacy, respectively. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter.

Instagram Entries and Twitter Entries are hereinafter each referred to individually as an “Entry” and collectively as “Entries.

Entry Limit: Regardless of the method of entry, limit one (1) Entry per person per social media platform per calendar day during an Entry Period. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any entrants who submit Entries in excess of the above Entry limits.

Note: If an entrant accesses Instagram or Twitter on his/her mobile device to enter this Sweepstakes, the entrant’s wireless service provider may charge the entrant for applicable data charges. Entrants should consult their wireless service providers regarding their pricing plans. Message and data rates may apply. Entrants should review their mobile devicescapabilities for specific mobile application instructions. All Entries submitted are subject to all of the provisions of these Rules, including, but not limited to, the Entry Guidelines set forth below.

Entry Requirements: All Entries must comply with the following restrictions:

  • Must be in English, except for commonly understood foreign words;

  • Must comply with any terms of service and privacy policy set forth by the social media platform used to submit the Entry;

  • Must not include any identifiable person(s) other than the entrant;

  • Must not contain material that violates or infringes another’s rights, including, but not limited to, privacy, publicity or intellectual property rights or that constitutes copyright infringement;

  • Must be the original work of entrant;

  • Must not disparage Sponsor, Administrator, or any other person or party;

  • Must not prominently feature trademarks, logos or trade dress owned by any third party, or advertise or promote any brand, other than Sponsor’s, or product of any kind;

  • Must not promote any cause other than the Sweepstakes theme;

  • Must not include personally identifiable information (such as the entrant’s credit card);

  • Must not contain material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous (as determined by Sponsor, at Sponsor’s sole discretion);

  • Must not contain, facilitate, reference or use material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual orientation, political orientation, citizenship, ancestry, marital status or age (as determined by Sponsor at Sponsor’s sole discretion);

  • Must not contain any viruses, spyware, malware or other malicious components that are designed to harm the functionality of a computer in any way; and

  • Must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Entry is created.

NOTE: If any Entry fails to comply with any of these Entry Requirements or any other provisions of these Official Rules, Sponsor and Administrator reserve the right to disqualify the entrant.

By submitting an Entry, an entrant agrees that his/her Entry is gratuitous and made without restriction, and will not place Sponsor under any obligation and that Sponsor is free to disclose or otherwise disclose the ideas contained in the Entry on a non- confidential basis to anyone or otherwise use the ideas without any additional compensation to the entrant. Entrant acknowledges that, by acceptance of his/her Entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than the entrant. Entrant agrees that Sponsor may post the Entry on any websites associated with the Sweepstakes, including Sponsor’s social media channels.

By submitting an Entry, each entrant hereby agrees to be bound by these Official Rules. Submitting an Entry constitutes entrant’s consent to give Sponsor a royalty- free, irrevocable, perpetual, nonexclusive license to use, reproduce, modify, publish or create derivative works from and display the Entry in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes, and that Sponsor may use entrant’s name and likeness in connection with the uses described herein. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the nonexclusive rights entrant is granting to use the Entry. This license expressly includes a right (but not the obligation) for Sponsor to modify Entries to remove any third party intellectual property or to remove Entries in their entirety.

4. RANDOM DRAWINGS: On or about each Drawing Date indicated in the table in Section 1, the Administrator will randomly select one (1) potential weekly prize winner from all eligible Entries received during the applicable Entry Period. On or about December 1, 2016, the Administrator will randomly select one (1) potential grand prize winner from all eligible Entries received during all Entry Periods. Each winner is deemed to be a potential winner, pending verification of the entrant’s eligibility and compliance with these Official Rules as determined by Sponsor or Administrator, in their sole and absolute discretion.

5. PRIZES, APPROXIMATE RETAIL VALUE (“ARV”), AND ODDS OF WINNING:

A. Grand Prize (1): The grand prize winner will receive a $500 Zaxby’s gift card (“Grand Prize”). One (1) Grand Prize will be available in the Sweepstakes. The ARV of the Grand Prize is $500.

B. Weekly Prizes (11; 1 per Entry Period): Each weekly prize winner will receive a $50 Zaxby’s gift card (“Weekly Prize”). Eleven (11) Weekly Prizes, one (1) per Entry Period, will be available in the Sweepstakes. The ARV of each Weekly Prize is $50.

C. Total ARV: The total ARV of all available prizes (“Prize” or “Prizes”) in the Sweepstakes is $1,050.

D. Odds of Winning: The odds of winning the Grand Prize depend on the total number of eligible entries received into all Entry Period; the odds of winning a Weekly Prize depend on the total number of eligible entries received into each Entry Period.

E. General: In no event will more Prizes than are stated in these Official Rules be awarded. If, for any reason, more Prize notifications are sent (or more claims are received) than the number of Prizes offered, as set forth in these Official Rules, Sponsor reserves the right to award the intended number of Prizes through a random drawing from among all eligible Prize claims received. Limit of one (1) Prize per person. The use of a gift card is subject to the terms and conditions set forth thereon which shall govern the use of the gift card. Gift cards will not be redeemed or exchanged for cash, except where required by law. Gift cards will not be replaced or replenished if it lost, stolen, damaged, destroyed or used without the winner’s permission and will be voided if altered or defaced. No other Prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a Prize or force majeure.

6. WINNER VERIFICATION: Potential winners are subject to verification of eligibility and compliance with these Official Rules. Each potential winner will be sent a notification with further instructions on how to claim a Prize. If a potential winner entered via Twitter, he/she will be notified at his/her Twitter account via a Direct Message from @zaxbys and must respond with his/her complete first and last name and e-mail address within three (3) calendar days. If a potential winner entered via Instagram, Sponsor’s Instagram account (@zaxbys) will post a notification comment on the potential winner’s Entry with a link and instructions on what information needs to be sent within three (3) calendar days of the notification post (or will send a message via Instagram, if available). Once the potential winner’s initial information is received on the respective social medial platform, Administrator will send an email within approximately twenty-four (24) hours with further instructions on how to claim the Prize, including requesting the potential winner to provide his/her complete first and last name (no initials), physical mailing address, telephone number, and date of birth, and the potential winner has three (3) calendar days to respond to the Administrator’s email with the requested information or the Prize may, at the Sponsor’s sole discretion, be forfeited. Approximately six (6) to eight (8) weeks following verification of a winner, Sponsor or Sponsor’s designee will mail a Prize to the winner at the address provided at verification. If a potential winner is disqualified, found to be ineligible or not in compliance with these Official Rules, the Prize may be forfeited, and in the Sponsor’s sole discretion, the forfeited Prize may be awarded to an alternate winner, selected in a random drawing from among all remaining eligible entries. All federal, state, and local taxes imposed on the acceptance of a Prize are solely the responsibility of each winner.

Administrator will attempt to notify each potential winner as set forth above, but Administrator and Sponsor is not responsible for any undelivered Direct Messages, e- mails, or other attempts at contact, including without limitation e-mails that are not received because of a winner’s privacy or spam filter settings which may divert any Sweepstakes e-mail, including any winner notification e-mail, to a spam or junk folder. The right to receive a Prize is non-assignable, non-transferable and no prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a Prize or force majeure, at Sponsor’s sole and absolute discretion. All other costs and expenses not expressly set forth herein shall be solely a winner’s responsibility. Sweepstakes Entities shall not be held responsible for any delays in awarding a Prize for any reason. Each Prize will only be awarded to a verified winner.

7. LIMITATION OF LIABILITY: By participating in this Sweepstakes, entrants agree that the Sweepstakes Entities and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Sweepstakes; (vii) any injury or damage, whether personal or property, to entrants or to any person's computer related to or resulting from participating in the Sweepstakes and/or accepting a Prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Sweepstakes Entities are not responsible for any unanswered or undeliverable winner notifications.

By entering the Sweepstakes, each entrant agrees: (i) to be bound by these Official Rules, including Entry Requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iii) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by entrant.

If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of a winner in a manner it deems fair and reasonable, including the selection of a winner from among eligible entries received prior to such cancellation, termination, modification or suspension. In no event will more Prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical or other errors, there are more winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the winners. If for any reason, including but not limited to an administrative, printing, production, computer or other error or due to technical difficulties or incorrect announcements of any kind, more winning messages are distributed, or more Prizes are claimed than are intended to be awarded according to these Official Rules, the intended Prizes will be awarded in a random drawing from among all verified Prize claims received.

Without limiting the foregoing, everything regarding this Sweepstakes, including the Prizes, is provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.

8. DISPUTES: This Sweepstakes is governed by, and will be construed in accordance with, the laws of the state of Michigan, and the forum and venue for any dispute shall be in Oakland County, Michigan. If the controversy or claim is not otherwise resolved through direct discussions or mediation, it shall then be resolved by final and binding arbitration in accordance with JAMS arbitration rules and procedures or subsequent versions thereof (“JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in Michigan. All proceedings brought pursuant to this paragraph will be conducted in Oakland County, Michigan. 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 or have damages multiplied or otherwise increased, including attorneys’ fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief. Entrants agree that the rights and obligations of any entrant and/or Sweepstakes Entities and/or any other party shall be resolved individually, without resort to any form of class action. Any demand for arbitration must be filed within one (1) year of the time the cause of action occurred, or the cause of action shall be forever barred.

9. PRIVACY POLICY: Any personally identifiable information collected during an entrant's participation in this Sweepstakes will be collected by Sponsor or its agent and used by Sponsor, its affiliates, agents, and marketers for the sole purposes of the proper administration and fulfillment of the Sweepstakes as described in these Official Rules, in accordance with Sponsor's Privacy Policy as stated at https://www.zaxbys.com/privacy-policy/.

10. PUBLICITY RIGHTS: By participating in the Sweepstakes and/or accepting a Prize, each entrant agrees to allow the Sponsor and/or the Sponsor's designee the perpetual right to use his/her name, address (city and state), biographical information, photos, picture, portrait, likeness, voice, and/or statements regarding the Sweepstakes and/or Sponsor for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including, but not limited to, live television, worldwide, on the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where prohibited by law.

11. GENERAL: Any attempted form of participation in this Sweepstakes other than as described herein is void. Sponsor and Administrator reserve the right to disqualify any entrant found or suspected, in their sole and absolute discretion, to be tampering with the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Sweepstakes. Any attempted form of participation in this Sweepstakes other than as in these Official Rules is void. If it is discovered that a person has registered or attempted to register more than once using multiple Instagram or Twitter accounts, multiple identities, IP addresses, use of proxy servers, or like methods, all of that person’s entries will be declared null and void and that person will not be awarded any prize that he/she might have been entitled to receive. 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. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsor or Administrator In the event of a dispute as to the identity of a winner, the winning Entry will be declared made by the authorized account holder of the e-mail address submitted on the registration form associated with such Entry. "Authorized account holder" is defined as the natural person who is assigned to an e- mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. 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. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the Prize documents will not affect the validity or enforceability of any other provision. No entrant shall have the right to modify or amend these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.

12. WINNERS LIST: For a list of winners, interested individuals should mail a self- addressed stamped business envelope to: Winners List, - Zaxby’s® Fanz of Flavor Sweepstakes, P.O. Box 251328, West Bloomfield, MI 48325. Winner List requests must be received no later than January 28, 2017.

© 2016 Zaxby’s National Marketing Fund, Inc., a Georgia nonprofit corporation