WHICH WICH® “Hoops With Dirk” Sweepstakes


OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ON-LINE ENTRY ONLY; INTERNET ACCESS AND A TWITTER, INSTAGRAM, OR FACEBOOK ACCOUNT ARE REQUIRED. PARTICIPATION CONSTITUTES ENTRANT’S UNCONDITIONAL AGREEMENT TO THESE “OFFICIAL RULES” AND TO SPONSOR’S AND/OR ADMINISTRATOR’S DECISIONS, WHICH ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.

1. Eligibility: The WHICH WICH® Hoops With Dirk Sweepstakes (“Sweepstakes”) is open only to legal residents who live within 150 miles of the city limits of Dallas, Texas and who are 18 years of age or older at the time of entry, except employees and immediate families (spouse, parents, siblings, and children) of DALLAS BASKETBALL LIMITED, the National Basketball Association and its Member Teams, NBA Properties, Inc., and each of their respective parents, subsidiaries, affiliates, directors, owners, employees and agents. The employees of Which Wich, Inc. (“Sponsor” and “Administrator”) and WHICH WICH® franchisees, as well as employees of each of their respective parent companies, affiliates, subsidiaries, advertising agencies and any other company involved with the design, production, execution or distribution of this promotion (collectively, “Sweepstakes Entities”), and their household members and immediate family members, are not eligible to enter or win the Sweepstakes. Winning a prize is contingent upon Entrant’s fulfillment of all the requirements in these Official Rules. Void wherever prohibited or restricted by law. All potential winners are subject to verification by Sponsor or Administrator.

2. Entry Period: The “Entry Period” begins at 9:00 am Central Time (“CT”) on January 19, 2018 and ends at 11:59 pm CT on February 23, 2018. Administrator’s computer will be the time-keeping device for this Sweepstakes.

3. How to Enter:

Via Twitter: To enter the Sweepstakes via Twitter, you must, during the Entry Period: 1) visit a participating WHICH WICH® restaurant location (“Store”) in the Dallas/Fort Worth Texas area and take a photograph of your “DirkWich” or anything Which Wich related inside or outside of the Store; then 2) tweet the photograph mentioning us @WHICHWICH and with the hashtags #HOOPSWITHDIRK and #SWEEPSTAKES (“Twitter Entry”). You may tweet more than once per day via Twitter or post via Instagram and Facebook (regardless of the number of Twitter and other social media accounts you may hold); however, only one of your social media entries per day will count as your entry in the Sweepstakes for that day. There is no charge to sign up for Twitter. If you do not have a Twitter account, follow the onscreen instructions to register for a free Twitter account at http://twitter.com. The name of the person submitting a Twitter Entry into the Sweepstakes, and name of the person in the Twitter Entry photograph, must be the name of the authorized account holder of the Twitter account used to enter, otherwise, the Twitter Entry may be deemed ineligible. In the event of a dispute over the identity of a potential winner, the Twitter Entry will be declared made by the authorized account holder of the Twitter account used during the Twitter Entry process. The potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such account.

Via Instagram: To enter the Sweepstakes via Instagram, you must, during the Entry Period: 1) visit a participating WHICH WICH® restaurant location (“Store”) in the Dallas/Fort Worth Texas area and take a photograph of your “DirkWich” or anything Which Wich related inside or outside of the Store; then 2) post the photograph on your Instagram account while mentioning us @WHICHWICH and with the hashtags #HOOPSWITHDIRK and #SWEEPSTAKES (“Instagram Entry”). You may post more than once per day via Instagram (regardless of the number of Instagram and other social media accounts you may hold); however, only one of your social media entries per day will count as your entry in the Sweepstakes for that day. There is no charge to sign up for Instagram. If you do not have an Instagram account, follow the onscreen instructions to register for a free Instagram account at http://Instagram.com. The name of the person submitting an Instagram Entry into the Sweepstakes, and name of the person in the Instagram Entry photograph, must be the name of the authorized account holder of the Instagram account used to enter, otherwise, the Instagram Entry may be deemed ineligible. In the event of a dispute over the identity of a potential winner, the Instagram Entry will be declared made by the authorized account holder of the Instagram account used during the Instagram Entry process. The potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such account.

Via Facebook: To enter the Sweepstakes, you must, during the Entry Period: 1) visit a participating WHICH WICH® restaurant location (“Store”) in the Dallas/Fort Worth Texas area and take a photograph of your “DirkWich” or anything Which Wich related inside or outside of the Store; then 2) post the photograph to our official WHICH WICH Facebook page at www.facebook.com/whichwich (“Facebook Entry”). You may also post to your own Facebook page, although you are not required to. You may post more than once per day via Facebook (regardless of the number of Facebook and other social media accounts you may hold); however, only one of your social media entries per day will count as your entry in the Sweepstakes for that day. If you do not have a Facebook account, follow the onscreen instructions to register for a free Facebook account at https://facebook.com. The name of the person submitting a Facebook Entry into the Sweepstakes, and name of the person in the Facebook Entry photograph, must be the name of the authorized account holder of the Facebook account used to enter.

Via Online Ordering: Visit www.whichwich.com and place an online order for any of the six “DirkWich” sandwiches offered for sale in the Dallas / Fort Worth area Which Wich locations, and you will automatically be entered in the Sweepstakes. Alternatively, entrant may also enter by completing and submitting the Google Form located at: https://goo.gl/forms/zF2ocysQdtfMIAXu1. Entries are limited to one online order per day. Standard data charges may apply if participating via your mobile device.

All Entries: Regardless of how many Twitter Entries, Instagram Entries, or Facebook Entries per day you submit, only one of these entries per day will count as a Sweepstakes entry that day. Proof of delivery or receipt of Twitter Entry, Instagram Entry, or Facebook Entry, each, an “Entry”) will not be deemed by the Sponsor as proof of Entry into this Sweepstakes. Standard data charges may apply if participating via your mobile device. Entries must comply with any applicable submission requirements located at Twitter, Instagram or Facebook Web Sites including, but not limited to all format and size requirements and the technical, creative, and legal requirements set forth in these Official Rules. Normal Internet access and usage charges imposed by entrant’s online service provider will apply and are entrant’s sole responsibility. Only eligible Entries actually received by Sponsor before the end of the Entry Period will be included. Any use of automated systems (including, but not limited to, entries submitted using any bot, script, macro, or sweepstakes service) to submit entries is prohibited and will result in disqualification. BY SUBMITTING AN ENTRY, THE ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ACROSS ANY OR ALL OF THE SPONSOR’S AND PROMOTION PARTIES’ DIGITAL AND SOCIAL ASSETS, AT THE SPONSOR’S DISCRETION. Submission of an Entry grants the Sponsor and its agents the right to publish, use, adapt, edit, publicly perform and/or modify such Entry in any way, in any and all media, including for use in advertising and marketing, without limitation, and without consideration to the entrant.

4. Entry Requirements: By submitting an Entry, you agree that your submission is gratuitous and made without restriction, and will not place the Sponsor under any obligation. The Sponsor is free to disclose the Entry and the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. By acceptance of your submission, you acknowledge that the Sponsor does not waive any rights to use similar or related ideas previously known to the Sponsor, or developed by its employees, or obtained from sources other than you. The Sponsor reserves the right to, and may or may not, monitor/screen Entries. By entering, you acknowledge that the Sponsor has no obligation to use or post any Entry you submit. Sponsor further reserves the right to remove or delete any posted Entries if Sponsor determines, in its discretion, that such Entry is not compliant with these Official Rules. Sponsor reserves the right to disqualify any Entry which, in the Sponsor’s sole discretion, does not meet the requirements of this section, or any other section of the Official Rules.By submitting an Entry, you warrant and represent that it: (a) is your sole original work, (b) is wholly and solely owned by you, (c) has not been previously published, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (e) that publication of the Entry via various media including Web posting, will not infringe on the rights of any third party. Each entrant will indemnify and hold harmless, the Sponsor and Sweepstakes Entities (defined below) from any claims to the contrary. Any entrant whose work includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including the Sponsor’s use of such Entry, in a form satisfactory to administrator, upon request, prior to awarding of the Prize.As determined by the Sponsor, in its sole discretion, Entries: (a) Must comply with these Official Rules and the relevant Social Media network posting guidelines; (b) Cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity; (c) Cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (d) Cannot be obscene or offensive, endorse any form of hate or hate group; (e) Cannot promote terrorist acts such as providing instructions on how to assemble bombs, grenades and other such weapons or provide instructional information about illegal activities; (f) Cannot defame, misrepresent or contain disparaging or slanderous remarks about the Sponsor, its customers or its products, or other people, products or companies; (g) Cannot contain trademarks, logos or trade dress owned by others (except the Sponsor’s or the Dallas Mavericks), or advertise or promote any brand or product of any kind (except the Sponsor’s), without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (h) Cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art, stills, or images published on or in television, movies, the Internet or other media, except such materials owned by the Sponsor) without permission; (i) Cannot contain background artwork, unless it is an original work of the entrant; (j) Cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the entrant, without permission; (k) Cannot communicate messages or images inconsistent with the positive images and/or goodwill to which the Sponsor wishes to associate; (l) Cannot depict, and cannot itself, be in violation of any law.

If the Sponsor, at any time, receives a complaint (including but not limited to a cease and desist letter, general letter of complaint, etc.) alleging intellectual property infringement in an Entry, the Sponsor reserves the right to remove such Entry at any point, without prior notice and Entry will be deemed void and ineligible to receive a prize.

ENTRIES POSTED ARE NOT EDITED BY THE SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF THE SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by the Sponsor does not constitute a general waiver of any obligation to entrants. The Sponsor reserves the right to waive the submission requirements set forth herein in its reasonable discretion.

5. Winner Determination and Notification; Odds: The winners of the Sweepstakes will be chosen by the Administrator in a random drawing of eligible Entries on February 26, 2018. Winners will be notified by the method that entrant used to submit his or her entry, on or after February 26, 2018, but no later than February 28, 2018. Winners are subject to verification. First and Second Prize Winners will be required to execute a Winners’ Affidavit of Eligibility, Liability/Publicity Release as well as provide a W-9 form before the applicable prize is awarded. Also, prior to awarding of the prize, if Sponsor is aware of the date of the Prize Events, Sponsor may condition the awarding of the Prize on Winner’s assurance that they, and their guests, will attend the Prize Events on the date identified. If winner cannot be contacted, does not provide proof of eligibility, a W-9 form, assurances that they and their guests can attend the Prize Events on an identified date, or execute the required affidavit within five (5) days of notification, or becomes disqualified for any reason, an alternate winner will be selected at random from the remaining pool of eligible entries received. Odds of winning will depend on the number of eligible entries received.

6. Prizes:

First Prize—One winner will receive a “First Prize” consisting of the opportunity to play basketball with Dirk Nowitzki in a game of “W-I-C-H”, along with three of your friends, on the Dallas Mavericks practice court at the American Airlines Center on a date to be mutually agreed upon between First Prize Winner and the Dallas Mavericks; plus, First Prize winner will receive FOUR (4) VIP tickets to a Dallas Mavericks home basketball game to be played during the 2017-2018 regular season (valued at $800) and a postgame tour of the Mavericks’ locker room.

Second Prize—One winner will receive a “Second Prize” consisting of FOUR (4) VIP tickets to a Dallas Mavericks home basketball game to be played during the 2017-2018 regular season (valued at $800) and a postgame tour of the Mavericks’ locker room.

Third Prize—Ten winners will receive a “Third Prize” consisting of a voucher for TWO (2) tickets to a Dallas Mavericks home basketball game to be played during the 2017-2018 regular season (valued at up to $75 per ticket).

Fourth Prize—Ten winners will receive a commemorative Which Wich / Dirk “fade away” t-shirt (valued at $20 each).

Fifth Prize—Ten winners will receive a Which Wich gift card (valued at $10 each).

Each of the First, Second, and Third Prizes constitutes a “Prize Event”. The Dallas Mavericks will determine the basketball game or games (the “Game”) that will be the subject of the First, Second, and Third Prizes. Prizes are nontransferable and not redeemable for cash. Winners are responsible for all taxes and fees associated with Prize receipt and/or use, including expenses to travel to and from the Prize Event. Sponsor may, at its sole discretion, substitute any portion (any Prize Event) or all of the prize, with a prize of comparable value or cash. An IRS form 1099 will be issued in the winner’s name if required by law. In the event winner is unable to attend any or all of the Prize Events, Sponsor will attempt, but is under no obligation, to reschedule the missed Prize Events.

7. Publicity: Furthermore, by submitting an Entry, entrant hereby grants and assigns to Sponsor, its parent companies, affiliates, subsidiaries, agents, franchisees, and licensees (“Sweepstakes Entities”), an irrevocable right, and all title and interest in and to the Entry, whereby any of the Sweepstakes Entities may reproduce, publish, edit, market, store, adapt, assign, sell, dispose of, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Entry, or parts/exerts of the Entry (as such may be edited and modified by Sponsor in its discretion) in perpetuity, for editorial, commercial, promotional, and all other purposes (including posting on Sponsor-affiliated websites, any social media site, and/or other Sponsor-selected media). Entrant hereby disclaims any rights, including any copyright or other intellectual property right, in or to the Entry following the assignment contemplated in this section.The Entry further constitutes entrant’s irrevocable permission for Sponsor and the Sweepstakes Entities to use the Entry (in its original or edited form), entrant’s name, likeness, voice and/or biographical information, in perpetuity, throughout the world, in all media and formats whether now or later known or developed, for commercial purposes (including, without limitation, advertising and Sweepstakes), without further compensation, unless prohibited by law.

8. No Affiliation: Neither the Dallas Mavericks, Dirk Nowitzki, nor the National Basketball Association (“NBA”) are sponsors of this Sweepstakes. By entering, entrant agrees to hold harmless and indemnify Dallas Basketball Limited, and/or the NBA and it Member Teams, NBA Properties, Inc., and each of their respective parents, subsidiaries, affiliates, directors, officers, employees and agents against any and all liability, damages or causes of action (however named or described), with respect to or arising out of either entrant’s participation or the receipt or use of the prizes awarded in the Sweepstakes.

9. Cancellation or Suspension of Sweepstakes: If, for any reason, the Sweepstakes is not capable of running as planned, whether by reason of infection by virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of the Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes, and select the winners from the entries received prior to the action taken or in other such manner as deemed fair and appropriate by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or those of any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any web site or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.

10. General Rules; Release and Indemnification: By entering the Sweepstakes, entrants agree to abide by terms of these Official Rules and by the final decisions of the Sponsor, which are final in all matters pertaining to this Sweepstakes. By participating in this Sweepstakes, entrants agree to be bound by these Official Rules and waive any right to claim any ambiguity or error in these Official Rules of the Sweepstakes itself. Winners and entrants as a condition of participation/entry, agree to indemnify and hold harmless and forever release Sponsor, Administrator, Twitter, Instagram, Facebook, the Dallas Mavericks, Dirk Nowitzki, the NBA, and Sweepstakes Entities and each of their respective owners, directors, officers, employees, agents, and representatives from and against any and all liability, claims, losses, expenses, damages, demands, or actions, whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with the creation of or submitting an Entry or otherwise participating in any aspect of the Sweepstakes, the receipt, ownership, or use of the prize awarded (and any components of the prize), attendance (or failure to attend) any of the Prize Events, or any typographical or other error in these Official Rules or the announcement of offering of the prize. Sponsor, Administrator, and Sweepstakes Entities assume no responsibility for electronic hardware, programming or software malfunctions or failures, or line connections, accessibility or availability, or technical failures of any kind of unauthorized human intervention, or the incorrect or failure to capture any such entry information. Sponsor is not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; or (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

11. Disputes: Except where prohibited, entrant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively, before the appropriate Texas State Court located in Dallas County, Texas. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, and participant further waives all rights to have damages multiplied or increased. All matters related to the Sweepstakes, including issues and questions concerning the construction, validity, interpretation and enforceability of these Sweepstakes, and the rights and obligations of the participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of Texas. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located in Dallas, Texas.

12. Winner List: For the names of winners, send a hand-printed, self-addressed, stamped envelope after February 28, 2018, to: Which Wich, Inc., ATTN: Hoops With Dirk Sweepstakes, 1412 Main Street – Suite 2000, Dallas, Texas 75202 or email your request to legal@whichwich.com subject line: Hoops With Dirk Sweepstakes Winner Request.

13. Sponsor and Administrator: The Sponsor and Administrator of this promotion is Which Wich, Inc., 1412 Main Street – Suite 2000, Dallas, Texas 75202. Administrator is being assisted by Black Eye Digital, Inc., 824 Exposition Avenue, Suite 2, Dallas, Texas 75226, to monitor the Sweepstakes Entries made via Twitter, Instagram, and Facebook.

This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter, Instagram, or Facebook. Any questions, comments, or complaints regarding this Sponsor should be directed to Sponsor and not to Twitter, Instagram, or Facebook.