OFFICIAL SWEEPSTAKES RULES FOR FIVE STAR 50K GIVEAWAY NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A purchase will not improve your chances of winning. 1. Eligibility: The Sweepstakes are open to any legal resident of the States of Alabama, Georgia, Kentucky, Mississippi and Tennessee who, at the time of entry, is 18 years or older, has a valid driver s license, and is an employee in good standing of the employer at whose facility a participating micro market ( Micro Market ) of Five Star Food Service, Inc. (the Sponsor ) is located ( Eligible Entrant ). No person other than an Eligible Entrant shall be permitted to participate in the Sweepstakes. Employees of the Sponsor, its affiliates, subsidiaries, suppliers and all of their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes. Immediate family members shall mean parents, stepparents, children, stepchildren, siblings, stepsiblings and/or spouses. 2. Sweepstakes Period: The Sweepstakes begins at 12:00 a.m., eastern time, on October 1, 2018 and ends at 11:59 p.m., eastern time, on November 16, 2018 (the Sweepstakes Period ). 3. How to Enter: There are two ways to enter the Sweepstakes: In Person Entry: An Eligible Entrant may enter the Sweepstakes by purchasing at least one (1) participating product using their Micro Market account at a participating Micro Market location of the Sponsor during the Sweepstakes Period. Each Eligible Entrant purchasing a participating product at a participating Micro Market of the Sponsor shall receive one Sweepstakes entry for each participating product purchased on any date during the Sweepstakes Period. The individual whose name is registered to the Micro Market account is the only person who will be entered as the Eligible Entrant for each participating purchase. Eligible Entrants will receive one (1) Sweepstakes entry for each purchase of a participating product during the Sweepstakes Period. Participating products will be identified by Sponsor at each participating Micro Market by posters, shelf labeling and/or on video screens at the Micro Market location. Entry by Mail: An Eligible Entrant may also enter the Sweepstakes by submitting a written letter to the Sponsor, signed by the Eligible Entrant and setting forth the Eligible Entrant s name, address, telephone number (home or cellular) and e mail address (if any), as well as the name of the Eligible Entrant s employer and place of employment. No more than one entry may be submitted to Sponsor in any envelope, and all Sweepstakes entries must be sent to Sponsor, postage pre paid, at the Sponsor s address set forth immediately below. Each Sweepstakes entry submitted by mail must be postmarked no earlier than October 1, 2018 and no later than November 16, 2018. Eligible Entrants will receive one (1) Sweepstakes entry for each mailed entry submission meeting these requirements. 4. Sponsor Address: The Sponsor s address is Five Star Sweepstakes c/o Five Star Marketing, 6005 Century Oaks Drive, Suite 100, Chattanooga, Tennessee 37416. 5. Prize: Only one person will win the Sweepstakes (the Winner ). The Winner will receive a $50,000.00 lump sum cash payment (the Sweepstakes Prize ) payable by check from the Sponsor sent or delivered by the Sponsor to the Winner within twenty one (21) days of Sponsor s receipt of a properly completed and signed Winner s Affidavit of Eligibility and Liability and Publicity Release in the form of Exhibit A attached to these Official Sweepstakes Rules and incorporated herein by reference (the Winner s Affidavit ). The Sweepstakes Prize is nontransferable, and may not be assigned, in whole or in part, to any other person or entity by the Winner unless the Sponsor, in its sole and absolute discretion, consents thereto in writing. 6. Odds: The odds of winning depend on the number of eligible entries received. 7. Winner Selection and Notification: The Winner of the Sweepstakes will be selected in a random computerized drawing conducted by or on behalf of the Sponsor. Such drawing shall take place within ten (10)
days after the end of the Sweepstakes Period at Sponsor s principal place of business from among all entries from Eligible Entrants collected or post marked during the Sweepstakes Period. The Sponsor, shall be solely responsible for all decisions and interpretations on all matters relating to the Sweepstakes and these Official Sweepstakes Rules, and such decisions by the Sponsor are and shall be final and binding in all respects. The Sponsor reserves the right to disqualify any Eligible Entrant if these Official Sweepstakes Rules are not followed, and to change, alter, or amend these Official Sweepstakes Rules, as necessary, in its sole discretion, to ensure the fair administration of the Sweepstakes or to comply with applicable law. The Winner will be notified (via email address/telephone call/etc.) by Sponsor within five (5) business days following the Winner s selection. Sponsor shall have no liability for a Winner s failure to receive notice due to Winner s spam, junk e mail, or other security settings/full voicemail box, disconnected number/inability to get through with phone number provided or otherwise non functioning contact information. If the selected Winner cannot be contacted within seventy two (72) hours of the date that Sponsor first attempts to notify such Person that he or she has won the Sweepstakes Prize despite the exercise of reasonable diligence on the part of Sponsor, is ineligible, fails to claim the prize within 72 hours from the time the award notification was sent or provided by Sponsor, or fails to timely return a completed and executed Winner s Affidavit or any other releases, indemnifications or other documents reasonably required by Sponsor, the Sweepstakes Prize awarded by Sponsor to such person may be forfeited and an alternate Winner selected by the Sponsor in accordance with those Official Sweepstakes Rules. The receipt by the Winner of the Sweepstakes Prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. The Winner will be required to properly complete, sign and return the Winner s Affidavit to Sponsor within seven (7) days of notification of winning. 8. Prize Claim: To claim the Sweepstakes Price, the Winner must provide proof of age, identity, residency, employment, and a valid driver's license to Sponsor, together with a properly completed and signed Winner s Affidavit, within seven (7) days of notification of winning. Winner must also agree to complete, sign and submit to Sponsor any additional releases, indemnifications and other requisite paperwork as may be specified at the discretion of the Sponsor, all within the time period specified by Sponsor. The Winner is not entitled to exchange or transfer the Sweepstakes Prize unless the Sponsor, in its sole and absolute discretion, consents thereto. 9. Publicity: Acceptance of the Sweepstakes Prize constitutes permission for the Sponsor and its affiliates to use the Winner s name and likeness for the purposes of advertising and publicity in all media worldwide without further compensation or notice to the Winner, unless prohibited by applicable law. 10. Taxes: The Winner is solely responsible for the payment of all federal, state, and local taxes payable on his or her receipt of the Sweepstakes Prize. The Winner must provide Sponsor with a validly completed IRS Form W 9 prior to receiving the Sweepstakes Prize. Sponsor will issue an IRS Form 1099 in accordance with any applicable requirements of law. 11. Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE STATE OF TENNESSEE WITHOUT REFERENCE TO CONFLICT OF LAW PRINCIPLES. As a condition of participating in the Sweepstakes, each Eligible Entrant (including the Winner) agrees that any and all disputes between such person and the Sponsor that cannot be resolved between the parties, and all causes of actions arising out of or connected with this Sweepstakes, shall be resolved individually between the Sponsor and such Eligible Entrant, without resort to any form of class action. Further, in any such dispute, under no circumstances will any Eligible Entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, special or consequential damages, including reasonable attorneys fees, and, to the maximum extent permitted by applicable law, all rights to have damages multiplied or increased under any applicable law. 12. General Terms: This Sweepstakes is void where prohibited or restricted by law, and is subject to all applicable federal, state and local laws and regulations. Sponsor reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes should (in its sole discretion) a virus, bugs, non authorized human intervention, fraud or other causes beyond its reasonable control corrupt or affect the administration, security, 2
fairness or proper conduct of the Sweepstakes. By entering the Sweepstakes, each Eligible Entrant, including the Winner, fully and unconditionally agrees to be bound by these Official Sweepstakes Rules and the decisions of the Sponsor, which will be final and binding on all matters relating to this Sweepstakes. Each Eligible Entrant represents and warrants to Sponsor that he or she is eligible to participate in the Sweepstakes in accordance with these Official Sweepstakes Rules. 13. Limitations of Liability and Release: By participating in the Sweepstakes, each Eligible Entrant, including the Winner, hereby releases and agrees to hold harmless the Sponsor and its respective directors, members, officers, agents, affiliates, successors, assigns, employees, and any other persons or entities associated with the fulfillment, development, promotion or execution of this Sweepstakes (collectively Released Parties ) from any and all liability claims, costs, injuries, losses, litigation, claim or damages of any kind caused by or arising from his or her participation in the Sweepstakes. None of the Released Parties are or shall be responsible or liable for late, lost or misdirected or postage due mail or for incorrect or inaccurate transcription of entry information, or for any human or other error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or Website, or any other error or malfunction, or any injury or damage to any Eligible Entrant s (or any other person s) computer and/or software, or for any other error related to or resulting from any Eligible Entrant s participation in this Sweepstakes. 14. Miscellaneous: Official Sweepstakes Rules and forms for the Sweepstakes are posted on the internet at www.fivestar food.com. For notice of the Winner, send a self addressed return envelope, postage pre paid, to Five Star 50K Giveaway c/o Five Star Food Service Marketing, 6005 Century Oaks Drive, Suite 100, Chattanooga, Tennessee 37416 on or before November 16, 2018. 3
EXHIBIT A FIVE STAR S 50K GIVEAWAY Sweepstakes Winner's Affidavit of Eligibility and Liability and Publicity Release PLEASE READ CAREFULLY. This Winner's Affidavit of Eligibility and Liability and Publicity Release (the "Winner s Affidavit"), when signed and acknowledged by his/her employer representative and returned, will serve as proof of eligibility and as a liability and publicity release for the person listed below, who has been notified by Five Star Food Service, Inc. (the "Sponsor") that he/she is the winner of a prize in the FIVE STAR S 50K GIVEAWAY Sweepstakes (the "Sweepstakes"). Date: Employer: Winner's Full Name: Address: City: State: ZIP: Social Security Number: Date of Birth: Driver s License State: Driver s License #: Telephone Number(s) Home: Cell: I,, hereby say and agree that: 1) I am a legal resident of the State of. [PLEASE PRINT] 2) I am at least eighteen (18) years old. 3) I am currently employed, in good standing with my employer. [Print Employer Name and Location] My employer s location has a micro market operated by Five Star Food Service which is participating in the Sweepstakes. 4) I am legally licensed to drive by my state of residence. 5) Per state law, I have an active insurance policy on all personally owned motor vehicle(s) and possess the ability to obtain the appropriate insurance for the Sweepstakes prize. (only applicable to motor vehicle prizes) 4
6) I am not an individual (including, but not limited to, an employee of any consultant, independent contractors, and interns) who has, within the past six months, performed services for the Sponsor, or any organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes or their respective parents, subsidiaries, affiliates and successor companies. Nor am I an immediate family and/or household member of such individuals. "Immediate family members" shall mean parents, step parents, children, step children, siblings, step siblings, or spouses. "Household members" shall mean people who share the same residence at least three months a year. 7) I have read and understand, and do hereby accept, the terms and conditions of the Official Sweepstakes Rules for Five Star s 50K Giveaway Sweepstakes, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference (the "Sweepstakes Rules"). 8) I have complied with the Sweepstakes Rules and have perpetrated no fraud in entering the Sweepstakes or claiming the Sweepstakes Prize. 9) On behalf of myself, my heirs and personal representatives, I hereby release the Sponsor and each of its parent companies, subsidiaries, and affiliates, together with their respective directors, officers, shareholders, employees and agents from any liability whatsoever in connection with the Sweepstakes, and I hereby waive any and all causes of action, claims, costs, injuries, losses or damages of any kind arising out of or in connection with my participation in the Sweepstakes or the delivery, misdelivery, acceptance, possession, use of or inability to use any Sweepstakes Prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity, privacy or defamation, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. 10) I understand that I am entitled to receive only the Sweepstakes Prize awarded to me by the Sponsor and that such Sweepstakes Prize is nontransferable. 11) I understand that I am responsible for all costs I incur in connection with the Sweepstakes and/or the award of any Sweepstakes Prize including, without limitation, the payment of all federal, state, local and other taxes on the Sweepstakes Prizes awarded. 12) I ACKNOWLEDGE AND AGREE THAT ALL SWEEPSTAKES PRIZES ARE AWARDED BY THE SPONSOR "AS IS" AND THAT THE SPONSOR MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY SWEEPSTAKES PRIZE. I ASSUME ALL RISK OF LOSS AND/OR LIABILITY ASSOCIATED WITH THE SWEEPSTAKES PRIZE AND IN NO EVENT SHALL THE SPONSOR HAVE ANY LIABILITY TO ME, MY HEIRS OR PERSONAL REPRESENTATIVES FOR ANY INJURY OR LOSS ARISING FROM MY USE OF ANY SWEEPSTAKES PRIZE I HAVE RECEIVED. 13) On behalf of myself, my heirs and personal representatives, I hereby grant permission to the Sponsor and its respective parent companies, subsidiaries, affiliates, directors, officers, governors, owners, employees and agents to use my voice, name, image, likeness, actions, statements and photographs for advertising and promotional purposes without further authorization, compensation, remuneration or notification. 5
WINNER S SIGNATURE Full Name (please print): Signature: Date: ACKNOWLEDGMENT Before me, the undersigned, on this day personally appeared, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and considerations therein set forth. I certify he/she is an employee of and is in good standing as of the day of, 2018. Employer Representative Name and Title (please print): Employee Representative Signature: 6