Sonny s Franchise Company 201 North New York Avenue, 3rd Floor Winter Park, FL 32789 (407) 660-8888 SONNY'S BBQ ANNUAL PITMASTER SHOWDOWN SWEEPSTAKES OFFICIAL RULES NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW OR REGULATION. PARTICIPANTS MUST BE 13 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. 1. SWEEPSTAKES DESCRIPTION: The Sonny s BBQ Annual Pitmaster Showdown Sweepstakes (the Sweepstakes ) begins on Monday, January 12, 2015 at 12:01 a.m. Eastern Time ( ET ) and ends on Sunday, February 22, 2015 at 11:59 p.m. ET (the Sweepstakes Period ). Entry in this Sweepstakes does not constitute entry into any other promotion, contest, or sweepstakes of the below-described Sponsor. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sonny s Franchise Company, 201 N. New York Ave., Winter Park, Florida 32789 (the Sponsor ), whose decisions shall be final and legally binding in all respects. Prizes and odds of winning are described in Paragraph 5 hereof. 2. ELIGIBILITY: This Sweepstakes is open to individual natural persons who are legal residents of the United States of America and are thirteen (13) years of age or older at the time of entry. Employees, owners, officers, and directors of Sponsor and its affiliated companies, subsidiaries, licensees, franchisees, distributors, dealers, sales representatives, their advertising and Sweepstakes agencies, and any and all other companies or organizations associated with the Sweepstakes (collectively, the Sweepstakes Entities ), and each of their immediate family members and/or people living in the same household are not eligible to participate in the Sweepstakes. Eligibility is subject to all applicable federal, state, and local laws and regulations. Proof of eligibility may be required. 3. HOW TO ENTER: There are two (2) ways to enter the Sweepstakes: (1) During the Sweepstakes Period, visit any Sonny s BBQ restaurant located in the United States of America and open the menu to obtain the Sweepstakes menu insert. Simply scan the QR Code on the menu insert using your smart phone, which will open up a web browser on your phone to the Sweepstakes webpage at www.pitmastershowdown.com (the Sweepstakes Webpage ), where you can vote for your favorite new BBQ sandwich by: (A) entering into the appropriate browser field either your mobile phone number or your full name, address, date of birth, and e-mail address (if applicable); (B) agree to the Official Rules, a link to which will be
available at the Sweepstakes Webpage, and (C) submit the completed entry via the Submit button on the Sweepstakes Webpage (a Mobile Entry ); or (2) During the Sweepstakes Period, visit the Sonny s Sweepstakes Webpage at www.pitmastershowdown.com from a personal computer, smart phone, tablet, or similar web browsing capable device and vote for your favorite new BBQ sandwich by: (A) entering into the appropriate browser field either your mobile phone number or your full name, address, date of birth, and e-mail address; (B) agree to the Official Rules, a link to which will be available at the Sweepstakes Webpage, and (C) submit the completed entry via the Submit button on the Sweepstakes Webpage (a Computer Entry ). All Mobile Entrants, or Computer Entrants that enter their mobile phone number, must have a text messaging two-way capable handset and digital service in order to enter the Sweepstakes. Such Entrants may be sent a text message to confirm entry into the Sweepstakes. Entrants who enter by Mobile Entry, or who enter by Computer Entry and submit their mobile phone number, will be charged standard text messaging rates for text messages sent and received from their handset according to the terms and conditions in their wireless calling plan. Text messaging and wireless service are not available in all areas; or All entries become the exclusive property of the Sponsor and will not be returned to the entrant. 4. ENTRY LIMITATIONS AND RESTRICTIONS: You may enter only one (1) time, whether by Mobile Entry or Computer Entry, during the Sweepstakes Period. Anyone who submits multiple entries (i.e., submitting a Mobile Entry and a Computer Entry) is subject to disqualification. Limit one (1) prize per person. Entries made by any other individual or any entity, including but not limited to, commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified from this Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes is prohibited and any entries deemed by the Sponsor, in its sole discretion, to have been submitted in such a manner will be void. The Sonny s computer server will be the official timekeeper for all matters related to Mobile and Computer Entries. Mobile or Computer Entries generated by a script, macro, or other automated means will be disqualified. Any entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of a Mobile Entrant, the Authorized Account Holder of the cell phone used to enter will be deemed to be the entrant. In case of a dispute over the identity of a Computer Entrant, the Authorized Account Holder of the e-mail address used to enter will be deemed to be the entrant. Authorized Account Holder is defined for purposes of a Mobile Entrant as the person who is assigned a cell phone number by a cellular phone service provider or similar provider, and for purposes of a Computer Entrant as the person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
The Sponsor is not responsible for: (1) late, lost, stolen, damaged, garbled, delayed, or misdirected entries; (2) technical, hardware or software malfunctions, lost or unavailable network or internet connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender or by any of the equipment or programming associated with or utilized in this Sweepstakes; (3) the incorrect or inaccurate capture of information, whether caused by tampering, hacking, or by any equipment or programming associated with or used in the Sweepstakes; (4) errors of any kind whether human, mechanical, electronic, network or otherwise arising out of or relating to the Sweepstakes; (5) electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind; and (6) any other factors beyond the reasonable control of the Sponsor. Each entrant assumes all risk of damaged, lost, late, incomplete, invalid, incorrect, or misdirected Mobile Entries or Computer Entries. 5. PRIZES/ODDS: Only the prizes listed below will be awarded in this Sweepstakes. Odds of winning depend on the total number of valid entries received. Prizes: Each Prize is a Coupon Redeemable for a Free Sonny s Big Deal Sandwich Combo Meal (the Free Big Deal Coupon ) provided by Sonny s BBQ on Tuesday, March 3, 2015. Each Prize has an approximate retail value of no greater than $9.99 (not including applicable taxes and/or gratuity). Limit One (1) Prize per valid entrant. The Free Big Deal Coupons will expire at 11:59 p.m. on Monday, March 16, 2015. Quantity of Prizes depends on number of votes for the winning sandwich (as described in Paragraph 6 hereof). Prize is non-transferable and may not be redeemed for cash or substituted in any manner by any prize winner; provided, however, that Sponsor reserves the right to substitute a prize (or portion thereof) of equal or greater value if the advertised prize (or portion thereof) becomes unavailable. Each prize winner (or the parent or legal guardian of a prize winner) is responsible for any and all applicable federal, state, and local taxes and fees, if any. Each prize winner (or the parent or legal guardian of a prize winner) may be required to sign an IRS form 1099 or the equivalent. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. Only the type and quantity of prizes described in these Official Rules will be awarded. Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH
WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. 6. WINNER SELECTION AND NOTIFICATION: Upon the expiration of the Sweepstakes Period, the Sponsor will collect all valid Mobile Entries and Computer Entries and will tally the votes associated with such entries to determine which of the three (3) new sandwiches received the most total votes. The new sandwich with the most total votes will be deemed the winning new sandwich, and all valid entrants who voted for the winning sandwich will be deemed prize winners pursuant to this Sweepstakes. In the event of a statistical tie, all valid entrants who voted for either of the sandwiches subject to the tie will be deemed prize winners pursuant to this Sweepstakes. On or about Tuesday, March 3, 2015 the Sponsor will notify prize winners and send to them the applicable Free Big Deal Coupon by text message (to the Authorized Account Holder), by e-mail (to the Authorized Account Holder), and/or by mail or express mail, whichever is deemed appropriate by the Sponsor, using the contact information provided at the time of entry. Sponsor shall have no liability for any potential prize winning notification that is lost, intercepted, or not received by any potential winner for any reason. If the Prize notification and/or Free Big Deal Coupon are returned as unclaimed or undeliverable, such prize winner will automatically forfeit his or her claim to a Prize. If any potential prizewinner, or his or her entry, is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential prize winner will be automatically disqualified. Prizewinners (or the parent or legal guardian of prizewinners) may be required to sign an Affidavit of Eligibility and Liability Release and, where permitted, a Publicity Release. 7. GENERAL SWEEPSTAKES CONDITIONS: This Sweepstakes is void where prohibited or restricted by law and is subject to all applicable federal, state, and local laws and regulations. By entering, each entrant (or the parent or legal guardian of each entrant) acknowledges and agrees, as to the entrant and his or her heirs, devisees, executors, and administrators: (1) to release, indemnify, and hold harmless the Sweepstakes Entities, prize suppliers, and their respective affiliates, parents, owners, franchisees, officers, directors, and employees (collectively, the Released Parties ) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (2) that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize s quality or fitness for a particular purpose; and (3) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsor, which decisions are binding and final. Failure to comply with these
conditions may result in disqualification from the Sweepstakes at the sole discretion of the Sponsor. 8. DISQUALIFICATION, TERMINATION, & FORCE MAJEURE: Sponsor reserves the right, in its sole and absolute discretion, to: (1) disqualify from the Sweepstakes any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person connected with the Sweepstakes, and (2) seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole and absolute discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions, or other causes beyond Sponsor s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play, and/or feasibility of the Sweepstakes as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), or any federal state or local government law, order, or regulation, public health crisis (e.g., SARS), order of any court or jurisdiction, or other cause not reasonably within the control of the Sponsor (each a Force Majeure event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) tally the votes associated with the valid entries submitted as of the date of the event giving rise to such termination to determine which of the three (3) new sandwiches received the most total votes as of such date, and will notify the associated prizewinners and send to them the Free Big Deal Coupon pursuant to Paragraph 6 hereof. Inclusion in such tally shall be each entrant s sole and exclusive remedy under such circumstances. 9. LIMITATION OF LIABILITY & RELEASE: The Released Parties are not responsible for, and entrant (or the parent or legal guardian of entrant) hereby releases the Released Parties from, any claims arising from: (1) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware, or software; (2) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) any injury or damage to persons or property, including, but not limited to, entrant's computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes; and (6) use of any prize. 10. DISPUTES: Except where prohibited, entrant (or the parent or legal guardian of entrant) agrees that: (1) any and all disputes, claims and causes of action arising out
of or connected with this Sweepstakes, or any prize awarded in connection with the Sweepstakes, shall be resolved individually, without resort to any form of class action, and exclusively by a court of competent jurisdiction located in the State of Florida, (2) any and all claims, judgments and awards shall be limited to actual outof-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event shall attorneys fees and costs be awarded; and (3) unless otherwise prohibited, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental or consequential damages and any other damages, other than for actual out-of-pocket expenses incurred, and any and all rights to 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 the entrant or Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida. Venue for any claim arising out of or related in any way to the Sweepstakes shall be a state or federal court of competent jurisdiction sitting in Orange County, Florida. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. 11. WINNERS LIST: To obtain the names of the prizewinners, send a written request for such names and a self-addressed stamped envelope to: Sonny s BBQ, Attention: Pitmaster Showdown Sweepstakes, 201 N. New York Ave., Winter Park, Florida 32789. All such requests must be received by March 31, 2015. 12. SPONSOR: Sonny s Franchise Company, 201 N. New York Ave., Winter Park, Florida 32789. 2015 Sonny s BBQ; Sonny s Franchise Company. All rights reserved.