Subway Fresh Fit

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PRIVACY POLICY

This is the Privacy Policy for SUBWAY FRESH FIT® Video and Poster Competition (the “Competition”) sponsored by Subway Franchise Advertising Fund Trust Ltd. representing Market 18 (“SFAFT” or “we”). SFAFT values privacy. We want to give the Competition participants the opportunity to know what information we collect about them and how we collect, protect, use, disclose and otherwise manage the information gathered, in conformance with applicable law for this Competition between the dates of September 5 and October 1, 2012.

COLLECTION AND USE OF PERSONAL INFORMATION

The Competition requires participants complete an entry form and send in via mail. The types of Personally Identifiable Information we collect includes name, address, contact information (e.g., e‐mail, address, home and mobile telephone numbers) and/or other Personal Information (e.g., information about your school attendance) in order to participate in the Competition.

We use your Personal Information for one of several different purposes, for example:

to administer your participation in a contest and for other purposes stated on the entry form, such as to allow us to contact you for notification of prize award;
to allow us to send you the specific information or materials that you have requested, such as a SUBWAY® Card for entering, or other materials; and
to enable us to communicate with your school, for example, about the Competition, or to respond to an email or other inquiry or request.

SHARING OF PERSONAL INFORMATION

We may share Personal Information with agents or service providers who act for or on behalf of SFAFT for further processing in accordance with the purpose(s) for which the data were originally collected (e.g., third party maintenance of secure listing databases). We require our agents and service providers to agree in writing to maintain the confidentiality and security of Personal Information they maintain on behalf of SFAFT and not to use it for any purpose other than the purpose for which we retained them. This includes the announcement of contest winners through news media.

We destroy Personal Information submitted via the entry form and contest submission (poster or video) for all non‐winning entries 60 days following the close of the contest on November 1, 2012. Per the contest guidelines stated on the entry form, we retain the right to use any entries submitted for future commercials or ads.

A NOTE TO PARENTS/GUARDIANS ‐ ADDITIONAL INFORMATION ABOUT CHILDREN'S PRIVACY

A parent or guardian may submit the entry form information on behalf of the child. We collect participant information such as phone, age, grade, state/country, and zip/postal code. The name and school of participants selected as winners may be published online and to media outlets. We do not share children’s personally identifiable information with third parties other than stated above.

DATA INTEGRITY AND SECURITY

We strive to keep the personally identifiable information you provide secure and we also require our agents and service providers to do so. We have implemented technical and organizational measures designed to help secure your Personally Identifiable Information from theft, accidental loss, and from unauthorized access, use, alteration, disclosure or destruction.

SFAFT takes reasonable steps to ensure that data is reliable for its intended use, accurate, complete and current.

CHANGES

SFAFT will maintain Personal Information in accordance with this Privacy Policy. In the future, we may modify this Privacy Policy. If we decide to materially change our Privacy Policy, we will post those changes to this Privacy Policy. We will use information in accordance with the Privacy Policy under which the information was collected. However, if we are going to use Personally Identifiable Information in a manner different from that stated at the time of collection we will notify users by email. Users will have a choice as to whether or not we use their information in this different manner.

HOW YOU CAN ACCESS, CONTROL AND UPDATE INFORMATION ABOUT YOU

We want to be sure that we keep accurate and up‐to‐date Personal Information in our records. Therefore, whenever you believe that your Personal Information needs to be updated, you can email us at freshfitseattle@summitslc.com to update your contact information.

To protect your privacy, we will take reasonable steps to help verify your identity before granting access or making changes.

CONTACT US

If you have any questions or complaints, please contact the Privacy Officer by telephone at 801‐990‐1191, by email at freshfitseattle@summitslc.com or at the following mailing address:

Attn: Privacy Officer
117 West 400 South
Salt Lake City, UT 84101
Office: 801‐990‐3651
Fax: 801‐595‐1165

Updated date: 8/01/12

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SUBWAY FRESH FIT® Video and Poster Competition (“Competition”) OFFICIAL RULES Seattle‐Tacoma 18

Program Overview: To encourage better eating and active lifestyles, students are asked to create a poster or video illustrating how they get healthy and fit. Participants are required to complete the OFFICIAL SUBWAY FRESH FIT® Video and Poster Competition Entry Form. Participants are encouraged to involve their family and/or classmates at school to make the program fun and extend the program benefits.
Sponsor: SUBWAY FRESH FIT® Video and Poster Competition is sponsored by the Subway Franchisee Advertising Fund Trust Ltd. market number 18 (“Sponsor”) and will be administered by The Summit Group, 117 West 400 South, Salt Lake City, UT 84047 (“Administrator”).
Eligibility: Children ages 5 to 14 are eligible to participate (“Participants”). Participants must live in the following Seattle‐Tacoma counties: King, Snohomish, Chelan, Clallam, Douglas, Grays Harbor, Island, Jefferson, Kitsap, Lewis, Mason, Pacific, Pierce, San Juan, Skagit, Thurston and Whatcom. Participants must have their parent’s or legal guardian’s permission to enter and their parent or legal guardian must agree on Participant’s behalf to follow and be bound by these Official Rules in order for Participant to enter. Employees or franchisees of Sponsor, SUBWAY® restaurants, Subway Franchisee Advertising Fund Trust Ltd., Doctor’s Associates Inc. and Franchise World Headquarters LLC (FWH) and the members of each of their households, whether or not related and immediate family members (siblings and children) are not eligible to enter or win.
Competition Period: The Competition runs from September 5, 2012, to October 1, 2012 (“Competition Period”).
How to Enter: Many Will Enter, Few Will Win. Participants must complete and submit one (1) OFFICIAL SUBWAY FRESH FIT® Video and Poster Competition Entry Form (“Entry”) available at participating SUBWAY® restaurants in addition to the submitted video or poster. All Entries must include Participant’s name, age, address, phone number, name and signature of a parent or guardian, and name of school the participant is currently attending or indication that the Participant is homeschooled. Participants may choose between completing a drawing on an 8½ X 11 inch, or larger, white sheet of paper/card stock/poster board, or create a 30 to 60 second video on a DVD or VHS. All entries should demonstrate the following, “How I get fit like the Seahawks.” Only one Entry per Participant. Entries must be postmarked by October 1, 2012, to: The Summit Group, Attn: Fresh Fit Entry, 117 West 400 South, Salt Lake City, UT 84101.
Selection and Prize: Entries will be judged on the creative, original and visual demonstration of fun real‐life examples of ways kids and their families get fit. Two (2) Grand Prize Winners will be selected by Administrator, from eligible Entries to each receive: (1) a $1,000 fitness grants for purchase of sports equipment for their school “Winning School,” (1) $500 in SUBWAY® cash cards, (1) autographed Seahawks football, and (2) tickets to a Seahawks home game valued at $74.00 each. Three (3) Honorable Mention Winners will also be selected by Administrator to receive a Secondary Prize. Honorable Mention Winners (3) will each receive a $100 SUBWAY® cash card and (2) tickets to a Seahawks home game valued at $74.00 each (“Secondary Prize”). Grant may only be awarded to 501(c) (3) recognized educational institution. Approximate Retail Value of prizes: $4,500. Sponsor reserve the right to substitute prizes of equal or greater value. If the potential Grand Prize Winner is a student enrolled in a home school, the potential Grand Prize Winner’s parent or guardian must designate, subject to approval of Sponsor, a public or private school or a government or non‐profit child‐focused organization in his/her community (the “Designated Entity”) to receive the athletic equipment portion of the Prize. If the chosen Designated Entity refuses the athletic equipment portion of the Prize for any reason, Sponsor will determine, in its sole discretion, another Designated Entity in the Grand Prize Winner's community. Prizes are nontransferable, non‐assignable and no cash alternative will be offered except by Sponsor in the event of unavailability, in which case a prize of equal or greater value will be awarded. Athletic equipment awarded to the Grand Prize Winner will be selected by Sponsor. The decisions of the Sponsor are final and binding. Taxes on prizes, if any, are the sole responsibility of the Winners, Designated Entity or Winning School as prescribed by law.
Notice: Winners Parent or Guardians will be notified by phone the week of October 15, 2012. Sponsors may select an alternate if a Winner cannot be contacted. Three attempts will be made to notify Winner over a 3‐day period, after which an alternate will be selected from the pool of all eligible entries.
Winners’ List: After the winners are announced a complete list of Winners may be obtained by sending a self‐addressed, stamped envelope to: The Summit Group, 117 West 400 South, Salt Lake City, UT 84101.
Publicity: Except where prohibited by law, the grand prize Winner and each honorable mention Winner and the Winners’ parent or guardian consents to use of Winners’ name, prize information and likeness for promotional purposes worldwide in any media without additional compensation.
Release: By participating in the Competition, Participant and Participant’s parent or guardian release the Sponsor, SUBWAY® restaurants, Franchise World Headquarters LLC , Subway Franchisee Advertising Fund Trust Ltd., and Doctor’s Associates Inc., their affiliates, subsidiaries, agencies and their respective officers, directors, employees, representatives, and agents (“Released Parties”) from any and all claims and liability relating to this Competition.
General: No purchase necessary to enter or to win. Void where prohibited. Odds of winning are dependent on number of entries received. By entering this Competition, Participants and their parents or guardians agree to abide by these Official Rules as stated herein and the decisions of the Sponsor are final and binding in all matters pertaining to this Competition. All applicable federal, state and local laws and regulations apply.
Privacy Policy: Any personally identifiable information collected during an Entrant's participation in this Competition will be collected by Administer or its representative for purposes of the proper administration and fulfillment of the Competition as described in these Official Rules and as otherwise permitted in accordance with the SUBWAY FRESH FIT® Video and Poster Competition Privacy Policy, as such is stated at www.FreshFitSeattle.com. (“Page”)
User Generated Content/Intellectual Property User Generated Content/Intellectual Property: The Entrant who submits the Winning Submission agrees to the use of his/her/their name, addresses, Submission, statements, and artwork or other likenesses, in perpetuity, without further compensation, notification or permission in any publicity or advertising carried out by Sponsors, Contest Entities or other related entities in any and all media now known or hereinafter developed without territorial or time limitation, except where prohibited by law. The Sponsors and Contest Entities reserve the right to alter, change or modify the Submission, in their sole discretion. Upon request of the Sponsors, Entrant shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsors, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Submission and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Promotional Entities may at a later time request the assignment. Submissions(s) will not be returned to any Entrant. As a condition of Entry, each Entrant irrevocably grants to the Sponsors and Contest Entities 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 Sponsors and Contest Entities 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 Contest, the Sponsor, or otherwise. Each Entrant warrants to the Sponsors that the Submission submitted is an original 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 indemnifies the Sponsors against all loss, damages and costs incurred by the Sponsors arising from that Entrant’s breach of the warranty set out in this condition.
Limitations of liability: Released Parties are not responsible for illegible, lost, late, incomplete, inaccurate, delayed, stolen, misdirected, postage due, or undeliverable Entries; 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 or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Competition. Released Parties 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 Competition 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, Released Parties bear no liability for acts of Force Majeure or other acts which interfere with the intended proper administration, operation and fulfillment of this Competition. Any Entry that is defaced, mutilated, forged, illegible, altered, tampered with, mechanically reproduced, contains printing or other errors or that is not legitimately obtained is void.
Disputes: Except where prohibited, by participating in the Competition, Participants and their parents or guardians 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 United States District Court for the District of Connecticut or the appropriate Connecticut State Court; and Participants and or their parent or guardian hereby consent and submit to the personal jurisdiction of such court for the purposes of litigating any such action, and any right to a trial by jury is hereby waived; (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 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 Participants and/or their parents or guardians be entitled to receive attorneys' fees or other legal costs; (d) under no circumstances will Participants and/or their parents or guardians be permitted to obtain injunctive or other equitable relief and Participants and/or their parents or guardians sole remedy will be an action at law for damages to the extent allowed by sub‐paragraphs (c) and (e) of this Rule; and (e) under no circumstances will Participants and/or their parents be permitted, and Participants and/or their parents 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.
Miscellaneous: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor's failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Participant and their parent or guardian agrees to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Competition‐related materials, privacy policy or terms of use on the Page and/or the terms and conditions of the Official Rules, the Official Rules as stated on this Page shall prevail, govern and control and the discrepancy will be resolved in Sponsor's sole and absolute discretion.
These SUBWAY FRESH FIT® Video and Poster Competition OFFICIAL RULES may not be reproduced or reprinted in part or in their entirety without the express prior written permission of Sponsor(s).

SUBWAY® is a registered trademark of Doctor’s Associates Inc. © 2012 Doctor’s Associates Inc.