Baja Fresh® It’s Our Birthday Swag Giveaway (“Sweepstakes”)

Official Sweepstakes Rules (“Official Sweepstakes Rules”)

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. PRIZE WINNERS ARE REQUIRED TO EXECUTE AN AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY AGREEMENT. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, THE PARENT OR AFFILIATED COMPANIES OF THE SOCIAL MEDIA WEBSITES FACEBOOK®, TWITTER® OR INSTAGRAM®. VOID WHERE PROHIBITED. These Official Sweepstakes Rules may be viewed online at: www.bajafresh.com/itsourbirthday

1. The Sweepstakes is only open to legal residents of the fifty (50) United States and the District of Columbia (excluding Rhode Island) (“Territory”), who have reached eighteen (18) years of age or older at the beginning of the Sweepstakes Period (as defined in Section 3) and who have access to the Internet and are an account holder for an email account. The Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void where prohibited or restricted by law.

Employees of, members of the immediate family of, or those domiciled with an employee (whether related or not) of Sponsor (as defined in Section 10), affiliated or related companies, and subsidiaries, as well as Baja Fresh® licensees and franchisees are ineligible to participate in the Sweepstakes.

An eligible individual, who enters the Sweepstakes, is hereafter referred to as an “Entrant” or "you". Each Entrant unconditionally accepts and agrees to comply with and abide by these Official Sweepstakes Rules and to the decisions of the Sponsor, which are final and binding in all respect, and may be required to verify that they meet eligibility requirements as outlined herein.

1. How to Enter the Sweepstakes. During the Sweepstakes Period, you may enter the Sweepstakes through the website URL at www.bajafresh.com/itsourbirthday ("Website") by completing and submitting the online registration form, which includes joining Club Baja (each, an "Entry" and collectively referred to herein as "Entries"). All Entries must be complete and accurate to be eligible. All Entries submitted become the property of the Sponsor.

Entry Limit: there is a limit of one (1) Entry per person throughout the Sweepstakes Period. An Entrant, who enters more than once, employs any spamming techniques, uses multiple email addresses, or otherwise attempts to enter multiple times in violation of these Official Sweepstakes Rules shall be disqualified from the Sweepstakes. No Entrants may share an email address.

Privacy. The personal information you provide at the time of Entry in the Sweepstakes will be subject to the law of the United States. All information provided at time of Entry is subject to the Sponsor's Privacy Policy posted at https://www.bajafresh.com/privacy-policy/index.php.

1. Sweepstakes Period. The Sweepstakes Period begins at 12:00 A.M. Scottsdale, Arizona time on Monday, January 20, 2020 and ends at 11:59 P.M. Scottsdale, Arizona time on Monday, December 7, 2020 (“Sweepstakes Period”). The computer clock of the Sponsor is the official time-keeping device for the Sweepstakes Period.
2. Prizes, Approximate Retail Value ("ARV") and Odds. All details and other restrictions of the Prize (as defined herein) not set forth in these Official Sweepstakes Rules will be determined by Sponsor in its sole discretion.
3. Prize: Twelve (12) random Entrants will receive a Baja Fresh merchandise package valued up to Seventy-Five and 00/100 USD ($75.00). Items included as part of the merchandise package include but are not limited to: one (1) Baja Fresh gift card with an AVR of Thirty and 00/100 USD ($30.00), one (1) crewneck sweatshirt, one (1) scrunchie, one (1) pair of sunglasses, one (1) key fob, and stickers. Sponsor reserves the sole right to interchange Merchandise Giveaway items at its own discretion.

Total ARV: The total ARV of one (1) Prize is Seventy-Five and 00/100 USD ($75.00). The total ARV of all twelve (12) Prizes is Nine Hundred and 00/100 USD ($900.00). Any difference between the approximate retail value and the actual retail value will not be awarded or refunded.

Odds: The odds of winning the Prize depends on the total number of eligible entries received during the Sweepstakes Period. The pool of eligible entries may increase during the Sweepstakes Period dependent upon how many Entrants enter the Sweepstakes throughout the Sweepstakes Period.

1. Winner Selection: One (1) Prize Winner will be selected in a random drawing from among all eligible Entries on or about the final day of each month during the Sweepstakes Period, with the exception of December, which will have a Prize Winner selection date on or about Monday, December 14, 2020, resulting in twelve (12) total Prize Winners upon the conclusion of the Sweepstakes Period. Each Prize Winner must claim his/her Prize as set out below in Section 6.
2. Notification and Claiming Prize: Sponsor will notify the Winner by sending an email to the Winner's email address provided by Entrant in their Entry (“Notification”) on or about the final day of each month during the Sweepstakes Period, with the exception of December, which will have a Prize Winner selection date on or about Monday, December 14, 2020. Winners will have seven (7) days from the date of Sponsor's Notification to claim his/her Prize. To claim his/her Prize, the Winner will be directed to contact the Sponsor with additional information in order to claim his/her Prize. The Winner may be required to execute the Sponsor’s affidavit of eligibility/release of liability/prize acceptance and any other documentation reasonably requested by Sponsor.

If the Winner does not comply with these Official Sweepstakes Rules, meet eligibility requirements, does not claim his/her Prize within the required timeframe of Sponsor's, or does not timely comply with all of Sponsor’s instructions to claim the Prizes, Sponsor has the option to either select an alternate winner until the Prize is claimed or forfeit the Prize with no replacement winner being chosen.

1. General conditions: By entering the Sweepstakes, Entrants agree to abide by these Official Sweepstakes Rules, to be contacted by Sponsor by phone and/or email and to be bound by the decisions of Sponsor, which are final. Entries will be declared to be made by the authorized account holder of the e-mail address submitted at the time of Entry. The authorized account holder of an e-mail address is defined as the natural person who is assigned to an e-mail address by an internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. If for any reason the Sweepstakes is not capable of running as planned by reason of infection by virus, bugs, worms, malware, spyware, hacking, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of the Sponsor, may corrupt or affect the administration, operation, 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 winners from the Entries received prior to the action taken, or by other means deemed fair and appropriate by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify an Entrant if Sponsor: (a) learns or suspects that Entrant has misappropriated another’s identity, or infringed upon the rights of any person or entity; (b) finds that Entrant has tampered, is tampering or plans to tamper with the entry process or the operation of the Sweepstakes; or (c) believes that Entrant has violated these Official Sweepstakes Rules or is acting in an unprofessional or disruptive manner. Any attempt by any person to undermine the legitimate operation of this Sweepstakes may be in 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. Sponsor's failure to enforce any term of these Official Sweepstakes Rules shall not constitute a waiver of that provision.

By entering this Sweepstakes, each Entrant hereby grants to Sponsor, its affiliates, and its licensees the right and license to use Entrant’s Entry, name, image, likeness, voice, photograph, statements, biographical information, content and Prize status, in whole or in part, for promotional, advertising and/or publicity purposes in any media, now known or later developed and available, throughout the world and in perpetuity, without compensation or notice to, or further consent of, the Entrant, to the extent permitted by law.

If any provision of these Official Sweepstakes Rules is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Official Sweepstakes Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Sweepstakes Rules solely for convenience or reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Sweepstakes rules or any provision thereof.

1. Release and limitations of liability: Except where prohibited, by participating in the Sweepstakes, each Entrant forever and irrevocably agrees to release, indemnify, defend and hold harmless Sponsor, and related companies, promotional partners, prize partners, Facebook, Twitter, Instagram and each of their respective parent, subsidiaries, affiliates, successors, predecessors, and their respective agents and agencies, and their respective officers, directors, shareholders, employees and agents (collectively, “Released Parties”) from and against any claim, cause of action, loss, fine, award, judgment, demand, lawsuit, obligation, interest, tax, penalty or other damage, including, without limitation, attorneys’ fees, expert fees and costs, arising out of or in connection with Entrant’s participation in the Sweepstakes, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of Entries; or (e) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Sweepstakes and/or receipt and/or acceptance of a Prize.
2. Disputes: By entering this Sweepstakes, you agree: (a) to be bound by these Official Sweepstakes Rules and by all applicable laws and decisions of Sponsor, which shall be binding and final; (b) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any Prize shall be resolved individually, without resort to any form of class action, and exclusively by the state or federal courts located in Maricopa County, Arizona; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, excluding Entrant’s attorneys' fees, expert fees and costs; and (d) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, special and consequential damages and any other damages other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO ENTRANT. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Sweepstakes Rules and the rights and obligations of Entrants and Sponsor in connection with the Sweepstakes shall be governed by and enforced in accordance with the laws of the State of Arizona, without giving effect to any conflict of laws rules, which would cause the application of the laws of any jurisdiction other than the State of Arizona. These Official Sweepstakes Rules shall be binding upon and inure to the benefit of Sponsor’s and each Entrant’s respective successors, assigns, estates, executors and heirs.
3. Sponsor: Kahala Management, L.L.C., 9311 E. Via de Ventura, Scottsdale, AZ 85258.
4. Winners List Request: A request for a Winners list (“Winners List”) will be available after December 21, 2020. For a Winners List, send an email with the subject line, "It’s Our Birthday Swag Giveaway Winners List Request" to: cdeliso@kahalamgmt.com, no later than February 28, 2021.

// End of Official Rules //

©2020 Kahala Management, L.L.C. Baja Fresh® is a registered trademark of MTY Franchising USA, Inc. All other trademarks referenced in these Official Sweepstakes Rules are the property of their respective owners.