Terms and Conditions

Terms and Conditions

This [Pretzelmaker Loyalty APP] (the “App”) is offered by [Global Franchise Group] and its subsidiaries (collectively, “GFG”, “we”, or “us”). These Terms and Conditions (“Terms and Conditions”) apply only to this App and the Rewards Program (as defined below) offered herein, and not to any other website, mobile app, product, service, or program offered by us. These Terms and Conditions are a legal and binding agreement between you and [GFG] governing your use of this App, which includes its content, information, services, and features.

Please read these Terms and Conditions, which apply to your use of this App and enrollment and participation in our Rewards Program. If you do not agree to these terms, then do not use this App or participate in the Rewards Program. By enrolling in the Rewards Program you accept the guidelines regarding use and participation contained herein.

Modifications

We may modify these Terms and Conditions from time to time. Any changes or modifications will be effective immediately upon posting the revisions to [Pretzelmaker Website] and you waive any right you may have to receive specific notice of such changes or modifications. Your participation in this Rewards Program confirms your acceptance of these Terms and Conditions and any such changes or modifications; therefore, you should review these Terms and Conditions frequently to understand the terms and conditions that apply to the Rewards Program. If you do not agree to the changes or modifications, you must stop participating in the Rewards Program.

When we do, we will notify you by email or otherwise as required under applicable law. It is therefore very important that you update your account information or notify us when your email address changes. Any changes to these Terms and Conditions will also be posted here. Your continued use of the App or participation in the Rewards Program after any modification confirms your acceptance to the modifications.

Additionally, [GFG] may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to this App or any portion thereof; (2) change, revise, or modify this App or any portion thereof; (3) interrupt the operation of this App or any portion thereof for maintenance and support; (4) impose limits on certain features and services, or restrict access to the App; and/or (5) terminate the authorization, rights, and license given above. Upon any termination, the rights and licenses granted to you herein shall terminate, and you must cease all use of the App.

Content & Use

This App and all content, information, and other materials featured, displayed, contained, and available on this App (collectively, the “Content”) are owned by or licensed to [GFG] and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights. Subject to your compliance with these Terms and Conditions, [GFG] grants you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download this App for noncommercial purposes only. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, this App or its Content.

You agree to use this App and the Content in accordance with these Terms and Conditions and all applicable laws and regulations. [GFG] may prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to this App, the Content, users, us, our brand, or any other person or entity, or that violates these Terms and Conditions and/or applicable law.

Rewards Program

[GFG] offers the [Pretzelmaker] Rewards Program (the “Rewards Program”) to reward and thank our loyal customers. The Rewards Program is available to enrolled members at participating [Pretzelmaker] locations in the United States. Unfortunately, not all locations have the ability to participate in the Rewards Program or honor rewards at this time. Visit the Pretzelmaker Loyalty App to find the location nearest to you where you can earn and redeem rewards. Rewards accumulated under the Rewards Program are promotional and have no cash value. There are no membership fees associated with the Rewards Program.

Eligibility: You may enroll in the Rewards Program if you: (1) are a legal resident of the United States; (2) at least 13 years of age at the time you enroll; (3) have an active, valid e-mail address; and (4) are a human being. No corporations, partnerships, limited liability companies, or other legal entities can participate in the Rewards Program.

The Rewards Program is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only join the Rewards Program under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions.

Enrollment/Rewards Account: You can enroll in the Rewards Program and create a Rewards account (“Rewards Account”) in one of the following ways:

Your Rewards Account is personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others. You may have only one (1) Rewards Account.

As a part of the Rewards Program, [GFG] will send you transactional, informational, and promotional messages and/or offers. These communications may happen in the form of push notifications through the App, email, and/or any other ways you may have selected when you enrolled in the Rewards Program. If your contact information changes, or if you wish to change your contact information or the method by which we send you messages, please log into your Rewards Account and update your contact information or preferences.

Earning Rewards: The benefits that are available to you through the Rewards Program are based on purchases made at participating locations. You will earn points based on the value of your purchase. For every dollar you spend, you earn the same amount of points. If you spend $1 then you earn 1 point. Once you reach 50 points, you will receive a $5 Reward to be used towards Pretzelmaker purchases.

Additional Rewards Program Terms: [GFG] reserves the right to terminate your Rewards Account and/or your participation in the Rewards Program if we determine in our sole discretion that you have violated these Terms and Conditions, you have more than one (1) account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. [GFG] may, in its sole discretion, suspend, cancel, or combine Rewards Accounts that appear to be duplicative, and may refuse to allow you to re-enroll in the Rewards Program. [GFG] also reserves the right to “unregister” and make ineligible for the Rewards Program any Rewards Account that has been inactive for 12 consecutive months. Inactive is defined as no Rewards earned.

[GFG] has the right at any time, with or without giving you prior notice, to:
  •  end or cancel the Rewards Program and/or any specific Reward;
  •  change any Reward or other Rewards Program benefit we offer;
  •  change the requirements for earning a particular Reward;
  •  change the time you have in which to earn a particular Reward; and/or
  •  change any other feature of the Rewards Program.

If we end the Rewards Program, Rewards you have earned but not used will expire on the end date, and you may not redeem any Rewards or use any credits after the end date.

Login and Registration

Certain features or services offered on or through this App may require you to complete a registration process and/or setup an account or login. In connection therewith, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify [GFG] immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by [GFG] or any other App user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential.

You may not use anyone else’s account or login information. [GFG] shall not be liable for any loss or damage arising from your failure to comply with these obligations.

No Warranties

THIS APP, THE CONTENT, AND THE REWARDS PROGRAMS ARE PROVIDED ON AN “AS IS”, AND “AS AVAILABLE” BASIS, AND [GFG] HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, [GFG] DOES NOT GUARANTEE THAT THE APP OR CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

Limitations of Liability

IN NO EVENT SHALL [GFG] BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES (DIRECT OR INDIRECT) WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THIS APP (INCLUDING ITS MODIFICATION OR TERMINATION), THE CONTENT, THE REWARDS PROGRAM, OR THESE TERMS AND CONDITIONS USE, WHETHER OR NOT [GFG] MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

Electronic Communications

When you visit this App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this App. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions.

International Users

This App is controlled, operated, and administered by [GFG] from offices within the United States of America. We make no representation regarding use of this App outside of the United States. You may not use this App or export any portion of it in violation of U.S. export laws and regulations. If you access this App from locations outside of the United States of America, you are responsible for compliance with all local laws.

Governing Law/Venue

This App is governed by and subject to the laws of the State of [Georgia], USA and, where applicable, U.S. federal law, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction and venue of the courts located in [Fulton County, Georgia] for any disputes arising out of these Terms and Conditions, the App, or the Rewards Program. Notwithstanding this provision, you agree that [GFG] may apply for injunctive or other equitable relief in any court of competent jurisdiction.

Privacy

Please review our Privacy Policy located at [Global Franchise Website] (the “Privacy Policy”), which is incorporated herein and also governs your use of this App, to understand [GFG’s] privacy practices.

General Provisions

All or any of [GFG] rights and obligations hereunder may be assigned to a subsequent owner or operator of this App in a merger, acquisition or sale of all or substantially all of [GFG’s] assets. If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms and Conditions or any portion thereof to be unenforceable, such provision will be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms and Conditions will continue in full force and effect. [GFG] failure to act with respect to a breach by you or others does not waive [GFG’s] right to act with respect to that breach or subsequent or similar breaches.

 “Doritos Frequency” Challenge

(the “Challenge”)

Official Rules

Challenge Summary:

Pretzelmaker will conduct a Challenge promotion for new and existing Pretzelmaker Rewards App users. Beginning April 13, 2021 at 12:01 a.m. EST and ending on May 30, 2021 at 11:59 p.m. EST (the “Challenge Period”), legal residents of participating locations who are 13 years of age or older as of the beginning of the Challenge Period, and who make three (3) purchases of Doritos® Nacho Cheese Pretzel Bites at participating locations on their respective Pretzelmaker Rewards App will be automatically entered into a random drawing for a chance to win a Doritos® “Swag Pack” (which may consist of Doritos® sunglasses and T-shirt) (approximate value: $75.00. A total of 50 winners will be selected. Details regarding Challenge, including an alternative entry method, are found below. The Challenge winner will be determined by random drawing from all eligible entries received by the methods of entry described in these Official Rules. The odds of winning the Challenge, which will not vary based on the method of entry, are dependent on the number of eligible entries received. NO PURCHASE, ACCOUNT OPENING, ACCOUNT DEPOSIT, PAYMENT OR CONSIDERATION OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CHALLENGE. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

NO PURCHASE, ACCOUNT OPENING, ACCOUNT DEPOSIT, PAYMENT OR CONSIDERATION OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CHALLENGE.

  1. How to Enter: During the Challenge Period, there are two ways to enter the Challenge:

(A) Automatic Entry Method: Individuals who download the Pretzelmaker Rewards App (or pre-existing users of aforementioned app) and make a purchase of three (3) Doritos® Nacho Cheese Pretzel Bites by May 30, 2021 at 11:59 PM EST in (described below) will be automatically entered into a random drawing for a chance to win the Prize (defined below).

The Pretzelmaker Rewards App that will, subject to limitations discussed in these Official Rules, generate a Challenge entry when logged in to a qualifying purchase during April 13, 2021 at 12:01 a.m. EST and May 30, 2021 at 11:59 p.m. EST are found at https://pretzelmaker.com/rewards/.

(B) Mail Entry Method: To enter the Challenge by mail, legibly print your name, complete address, email address, daytime phone number, and date of birth on a 3 x 5 card, and mail it to: Pretzelmaker Doritos® Frequency Challenge, 5555 Glenridge Connector Suite 850, Atlanta, GA 30042. Entries made using this Mail Entry Method must be postmarked by May 30, 2021 and received by June 4, 2021. All Mail Entry Method entries must be hand printed, mailed separately and bear sufficient postage. Any incomplete or mechanically reproduced entries will be disqualified. Automated mail entries, or those made using script, macro, sweepstakes service, automated entry software, or facsimiles will NOT be accepted.

The Automatic Entry Method and the Mail Entry Method, both described above, are referred to collectively herein as “Entry Methods” (or, if in the singular, as an “Entry Method”). A Challenge entry that is properly made by either Entry Method in accordance with these Official Rules will be referred to herein as an “Eligible Entry” (or, if in the plural, as “Eligible Entries”).

  1. Eligibility: The Challenge will be open only to persons who are 13 years of age or older as of the beginning of the Challenge Period and are legal residents of the United States.

The following persons are not eligible to enter the Challenge: (a) employees, directors, representatives or agents of Global Franchise Group (the “Sponsor”), Pretzelmaker (the “Administrator”), (b) any immediate family members of any such employee, whether living in the same household or not, and (c) anyone living in the same household, whether related or not. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as in-laws, or by current or past marriage, remarriage, adoption, co-habitation or other family extension. All federal, state, and local laws and regulations apply. By participating, you agree to these Official Rules and to the decisions of the Sponsor, which are final and binding in all respects. VOID WHERE PROHIBITED BY LAW.

Must be a Pretzelmaker Rewards App member both at the time of entry purchase, and during prize drawing. If users do not have correct contact information within their Rewards App profile, or enter an illegible or otherwise decipherable mail in entry, they are subject to be disqualified.

  1. Prize Winner Selected by Random Drawing: A random drawing from all Eligible Entries to determine the Challenge winners will be held on or by June 7, 2021 by the Administrator. The selected finalist will be notified by social media, overnight or U.S. mail and/or telephone/email between June 7 6, 2021 and June 11, 2021. In the event of a dispute as to any Automatic Entry selected as a finalist, the first eligible person listed in the title of the account used to enter will be deemed the finalist. The selected finalist must verify eligibility and sign and return an Affidavit of Eligibility, a Release of Liability, and a Publicity Release form where legal (collectively the “Verification Forms”). If a selected finalist cannot be contacted after using reasonable efforts within 15 days, if the Verification Forms are not received within 15 days after they are sent to the finalist, or if a finalist disclaims the Prize award, the finalist shall be deemed to have forfeited the opportunity to participate in the Challenge and the Sponsor reserves the right to determine an alternate winner – using the services of Administrator – or not to award the Prize, in its sole discretion. The winner may be required to sign an IRS W-9 or its equivalent. Neither the Sponsor nor Administrator is responsible for the safe arrival of any notification, confirmation thereof, or other correspondence. All entries become the property of Sponsor and will not be acknowledged or returned.
  2. Odds of Winning: The odds of winning the Challenge depend on the number of Eligible Entries received by both Entry Methods and will be the same regardless of Entry Method.
  3. Prize: 50 Inidviduals will be awarded a Grand Prize (the “Prize”) will be awarded in accordance with the results of the aforementioned random drawing.

The estimated total retail value of this prize is $75.00

The winner may not substitute the Prize for its cash equivalent.

Winners are responsible for all transportation, lodging and/or all other travel and incidental costs relating directly or indirectly to such winner’s Prize.

  1. Prize Awarding: The Prize will be awarded only upon Prize winner validation and verification. Sponsor reserves the right to substitute the Prize with any article or service of similar or greater value at its sole discretion. No substitution, transfer, or assignment of the Prize is permitted by a Prize winner. Any entrant who becomes the Prize winner, including (if and as applicable) any joint owners of the account to the extent that the Eligible Entry that becomes the winning entry was received pursuant to the Automatic Entry Method: (A) grants Sponsor, and its affiliates, the right to use and publish the Prize winner’s proper name in connection with any Challenge-related promotion, without further compensation, in any advertising or publicity unless otherwise prohibited by law; and (B) promises to sign and deliver any waiver, release or other document that the Sponsor may request to evidence the foregoing.

All taxes due because of the awarding of the Prize are the sole responsibility of the Prize winner.

  1. Limitation of Liability: The Challenge Entities do not in any way warrant or assume any responsibility or liability for the Prize or the use thereof. The Challenge Entities are not responsible for printing or typographical errors in any Challenge-related materials; stolen, lost, late, misdirected, damaged, incomplete, or illegible entries; postage-due mail; or entries that are processed late or incorrectly or are lost due to computer, electronic malfunction or human error. Further, entrants agree that the Challenge Entities shall not bear any liability for, and entrants further agree that they will hold the Challenge Entities harmless regarding, any loss, theft, property damage, personal injury (including death) or misfortune in any way attributable to this Challenge or the acceptance, use or misuse of the Prize (including, in the case of on-line entries, damage to any telephone network or lines, on-line systems, servers, access providers, computer equipment or software), or resulting from downloading any material from any Challenge- or promotion-related website. Further, all entrants promise to sign and deliver any waiver, release or other document that the Sponsor may request to evidence the foregoing.

The Challenge Entities reserve the right, at their sole discretion, to disqualify any individual who tampers with any entry process, and to cancel, terminate, modify or suspend the Challenge should a virus, bug, fraud, technical failure, or other cause beyond the reasonable control of the Sponsor compromise the integrity or corrupt the security or proper administration of the Challenge. Other restrictions may apply. If, by reason of a printing or other error, more prizes are claimed than the number set forth in these Official Rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available. No more than the advertised number of prizes will be awarded.

Without limiting the generality of the foregoing, the Challenge and any Prize awarded thereunder are provided “AS IS” without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages, or exclusion of implied warranties, so some of the aforementioned limitations or exclusions may not apply. Check local laws for any restrictions or conditions regarding these limitations and/or exclusions.

Any attempt to deliberately damage any website or to undermine the legitimate operation of this Challenge is a violation of criminal and civil laws and, should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.

  1. Applicable Law: These rules are governed by the laws of the State of Georgia without giving effect to conflicts of law rules.
  2. Arbitration: Except where prohibited by law, as a condition of participating in the Challenge, entrant agrees that (a) any and all disputes and causes of action arising out of or connected with the Challenge, or any Prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively, by final and binding arbitration in accordance with the Federal Arbitration Act (“FAA,” Title 9 of the United States Code) under the auspices of the American Arbitration Association (“AAA”); (b) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (c) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, and entrant further waives all rights to have damages multiplied or increased.
  3. Privacy: Information collected from any entrant will be used only for the Challenge (including, without limitation, the Prize drawings performed by the Administrator) and to notify the winners, and will not be re-used, sold or shared in any manner by Sponsor unless entrant has requested to receive additional information and promotional material from Sponsor. Sponsor’s privacy policy is available at http://www.globalfranchise.com/privacy-policy-2/.

11 Conduct: By participating in this contest, participants agree to be bound by these Official Rules and the decisions of the Sponsor that shall be final and binding in all respects.  Failure to comply with these Official Rules may result in disqualification.  Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be tampering with the play process or the operation of the Challenge; or to be acting in any manner deemed by Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person.  CAUTION: ANY ATTEMPT BY A USER OR PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ITS AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH PERSON OR PERSONS RESPONSBILE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

  1. Sponsor: Global Franchise Group, c/o Pretzelmaker & 5555 Glenridge Connector, Suite 850 Atlanta, Georgia 30342
  1. Winners List: For the identity of the Prize winners, please send a self-addressed, stamped envelope to Pretzelmaker Doritos® Frequency Challenge, 5555 Glenridge Connector, Suite 850 Atlanta, Georgia 30342. Requests must be received by December 31, 2021.

Questions

If you have any questions regarding the App, the Rewards Program, and/or these Terms and Conditions, you can contact us at:[5555 Glenridge Connector, Suite 850, Atlanta, GA 30342, attn: General Counsel]

Last Updated

Terms and Conditions last updated on [4/13/21].

Copyright © 2018 [GFG]. All rights reserved.