SWENSONS’ SURVEY Sweepstakes (the “Promotion”)
NO ENTRY FEE OR OTHER PAYMENT NECESSARY TO ENTER OR WIN
ELIGIBILITY: The Promotion is open to legal residents in the United States over the age of 18. Trustees, board members, employees, interns, or consultants of Swensons, as well as their immediate families (including spouse, parents, siblings, and children) and their respective household members, are not eligible to enter. The Promotion is subject to all applicable federal, state and local laws and regulations. Swensons reserves the right to disqualify any person that violates these rules or tampers with or abuses any aspect of this Promotion as solely determined by Swensons. All decisions made by Swensons in connection with this Promotion, including without limitation, decisions related to eligibility requirements, are final and binding.
HOW TO PARTICIPATE: Follow the hyperlink provided via email or via QR code printed on a physical print flyer to take the survey hosted by SurveyMonkey. The survey period will begin December 29, 2022 and end February 28, 2023 (the “Eligibility Period“). Participants will receive one (1) entry for completing a survey. Entries are limited to one per person. Swensons is not responsible for entries that are not received for any reason, or for entries that are received but are not decipherable for any reason.
You may also enter for one (1) chance to win the Promotion via mail. To enter the Promotion by mail, hand print your first and last name, street address, city, state, zip code, daytime telephone number and email on a postcard and mail your completed postcard with the above-stated required information to: Swensons Drive-In Restaurants, PO Box 4599 Akron, Ohio 44310 (each, a “Mail-in Entry“). By correctly completing the foregoing, you will receive one (1) Mail-in Entry into the Promotion subject to the terms of these Official Rules. ALL MAIL-IN ENTRIES MUST BE POSTMARKED NO LATER THAN THE LAST DAY OF THE ELIGIBILITY PERIOD AND RECEIVED WITHIN FIVE DAYS OF THE CLOSE OF THE ELIGIBILITY PERIOD. Proof of mailing a Mail-in Entry is not considered proof of delivery or receipt. Swensons is not responsible for any lost or misdirected Mail-in Entries. Illegible or incomplete Mail-in Entries and mechanically reproduced Mail-in Entries will be disqualified. Moreover, false, fraudulent or deceptive Mail-in Entries or acts shall render Mail-in Entry participants ineligible.
PRIZES: Swensons will award a total of five winners a $50 Swensons gift card (approximate retail value of $250 total) (collectively the “Prizes“). Odds of winning the Prizes will depend on the number of Entries, including Mail-in Entries, received by Swensons or its designee during the Eligibility Period.
The winning Promotion participants are solely responsible for any expense beyond the Prizes’ ARV, including any installation and/or utilization costs. Prizes are subject to, and winners are responsible for, all applicable taxes. An unclaimed and/or unused Prize will remain the property of Swensons or its designee.
SELECTION OF WINNERS: The winners will be randomly selected in a drawing conducted by Swensons, or its designee, the day following the deadline for the receipt of Mail-in Entries. Swensons or its designee will contact the potential Prize winners within ten (10 days) following the random drawing. If the notification sent by Swensons is returned as undeliverable, or a potential winner cannot be contacted for whatever reason, the prize will be forfeited and Swensons may randomly select an alternate winner.
RELEASES: All Promotion participants agree that they have read and are bound by these Official Rules and acknowledge and affirm that they will at all times comply with all laws and regulations. By participating in the Promotion, participants release Swensons, its parents and affiliates, and their respective directors, officers, employees, agents and representatives (“Released Parties“), from any liability whatsoever and waive any and all causes of action related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Promotion or delivery or misdelivery, acceptance, possession, use of or inability to use the Prizes (including, without limitation, claims, costs, injuries, losses of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence and/or fraud), warranty or other theory. You waive the right to claim any attorneys’ fees and any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Except where prohibited, by accepting a prize, the winner grants Sponsor a perpetual, worldwide, royalty-free license to use winner’s name and/or likeness without further authorization, compensation, or remuneration of any kind for advertising, promotion, and other publicity purposes.
UNFORESEEN CIRCUMSTANCES: In the event the Promotion is compromised by tampering or other causes beyond the reasonable control of Swensons which corrupts or impairs the administration, security, fairness or proper operation of the Promotion, Swensons reserves the right in its sole discretion to suspend, modify or terminate the Promotion. Promotion is void and shall be terminated if prohibited by law or order of a court, any governmental body, agency or subdivision thereof.
GOVERNING LAW, JURISDICTION AND VENUE: These Official Rules shall be governed by the laws and regulations of the State of Ohio, without regard to conflicts of law principles. Any and all disputes arising out of or in connection with this Promotion shall be resolved in the appropriate courts in and for Akron, OH. Each Promotion participant waives his or her right to a jury trial.
DISPUTES: You agree that any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Akron, OH. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules (whether of Ohio or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Ohio.
WINNER LIST: To request a printed copy of the winners list for a given month, send a self-addressed, stamped envelope with your request to Swensons Drive-In Restaurants, PO Box 4599 Akron, Ohio 44310. Attention: Swensons Survey Sweepstakes winners list. Requests must be received within 30 days of the Eligibility Period.
PROMOTION SPONSOR: Swensons Drive-In Restaurants, PO Box 4599 Akron, Ohio 44310 (“Swensons”).
QUESTIONS: Questions and inquiries about the Promotion and these Official Rules can be emailed to email@example.com, subject “Sweepstakes Rules.”