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Spring Break DQ® Gift Card Giveaway

Terms and Conditions

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT


INCREASE YOUR CHANCES OF WINNING.

OVERVIEW: Spring Break DQ® Gift Card Giveaway (the “Promotion”) is a “Quikly” campaign, which
involves using a mobile device or computer to (a) sign up to participate in the campaign, and then (b) respond
by text or email when a notification is published that the campaign is going “live.” The more quickly you
respond when the campaign goes live, the more value you’ll get.

1. Eligibility: The Promotion is open only to legal residents of the United States (excluding Texas) and
the District of Columbia who are at least eighteen (18) years old at the time of entry and have a valid email
address. Employees of American Dairy Queen Corp (“Sponsor”), American Dairy Queen Franchisees, Quikly,
Inc. (“Administrator”), and their parents, subsidiaries, affiliates, promotion and advertising agencies, and
members of their immediate families (spouse and parents, children and siblings and their respective spouses,
regardless of where they reside) and persons living in the same household, whether or not related, of such
employees, are not eligible to enter or win. The Promotion is subject to all applicable federal, state, and local
laws and regulations and is void where prohibited. Participation constitutes participant’s full and unconditional
agreement to these Terms and Conditions and Sponsor’s and Administrator’s decisions, which are final and
binding in all matters related to the Promotion. Winning a reward is contingent upon fulfilling all requirements
set forth herein.

2. Sponsor: American Dairy Queen Corp., 8000 Normandale Blvd Minneapolis, MN 55439
Administrator: Quikly, Inc., 1505 Woodward Ave., 4th Floor, Detroit, MI.

3. Timing: The sign-up period begins on 03/11/2023 at 12:00 a.m. Eastern Time ("ET") and ends as
soon as the Quikly campaign goes live (as set forth in Section 4 below), which shall be no later than
03/22/2023 at 11:59 p.m. ET but could end sooner (the "Promotion Period"). The Administrator’s database
computer is the official time-keeping device for this Promotion.

4. How to Participate: If you select to receive notification via text, standard text message and
data rates may apply. You may receive reply messages. Signing up for the Promotion via text shall constitute
your prior written consent and signature and is your agreement to receive up to four (4) text messages per
Quikly campaign from Sponsor and/or Administrator. For help text HELP and to stop, text STOP. Normal
phone/usage/subscription access charges imposed by your phone service provider will apply. Check with
your wireless service provider for details on these and other applicable charges. Participants are solely
responsible for any such wireless charges. Not all wireless carriers participate. The Sponsor and
Administrator are not responsible for service outages, message failures, transmission delays, or any other
factor affecting the availability or performance of the text messaging service. Texts are sent via automated
technology. Consent to receive texts at the mobile number provided is not required to make purchases.

Visit https://www.quikly.com/q/KOZhpPP click the “I Want In” button and follow the instructions to enroll to
participate in the Promotion. You will have the option of participating via email or text. Once you’ve signed
up, you‘re in. At some point during the Promotion Period, the Administrator will push a notification message
to you via email or text (depending on the preference selected at time of enrollment) announcing that the
Quikly campaign is live. That is the signal to respond. You must click on the link in that notification. Your
speed in responding (clicking on the link) will determine the value of your reward as set forth in subsection
5 below. You can receive advance notice that the Quikly is about to go live as follows:

● Five (5) minutes for clicking to download the DQ® mobile app
● Three (3) minutes advance notice for every person who signs up from your referral through
the referral page on the Quikly website (Anyone who signs up through your referral will receive two
(2) minutes advance notice that the Quikly is about to go live)

● Three (3) minutes for watching the DQ® Rewards video

By participating in the Promotion, you unconditionally accept and agree to comply with and abide by these
Terms and Conditions and all decisions of the Sponsor and Administrator, which shall be final and binding
in all respects.

Participants are not permitted to share the same email and/or phone number. Any attempt by any participant
to obtain more than one (1) sign-up or reward by using multiple/different email addresses, phone numbers,
or any other methods will void that participant's sign-up and that participant may be disqualified. Use of any
automated system to participate is prohibited and will result in disqualification. In the event of a dispute as
to any registration, the authorized account holder of the phone number used to register will be deemed to
be the participant. Each potential winner may be required to show proof of being an authorized account
holder.

5. Rewards and Notification:


Respond to the go-live notification as fast as you can. Here are the rewards being offered by order of the
fastest people:
● Fastest person: One $500 DQ® Gift Card (ARV $500)
● 2nd fastest person: One $250 DQ® Gift Card (ARV $250)
● 3rd fastest person: One $100 DQ® Gift Card (ARV $100)
● Everyone else: Free Mini Blizzard Treat with Signature StackburgerTM Combo purchase at
participating DQ® locations*

*Valid through 3/31/2022

Rewards are non-transferable and no substitution will be made except as provided herein at the Sponsor’s
sole discretion. Sponsor reserves the right to substitute a reward or reward component for one of equal or
greater value if the designated reward or reward component should become unavailable for any reason.
Winners are responsible for all taxes and fees associated with reward receipt and/or use. Likelihood of winning
a reward depends on the speed with which a participant responds to the go-live notification relative to the
speed of all other participants.

6. Release: By participating in the Promotion, participant agrees to release and hold harmless Sponsor,
Administrator, The Coca-Cola Company, and their respective subsidiaries, affiliates, suppliers, distributors,
advertising/promotion agencies, and reward suppliers, and each of their respective parent companies and
each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from
and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or
loss of property, arising out of participation in the Promotion or receipt or use or misuse of any reward.

7. Publicity: Except where prohibited, participation in the Promotion constitutes each winner’s consent
to Sponsor’s, Administrator’s, and their agents’ use of winner’s name, likeness, photograph, voice, opinions
and/or hometown and state for promotional purposes in any media, worldwide, without further payment or
consideration.

8. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or
any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper
functioning of the Promotion, as determined by Sponsor in its sole discretion. In such event, Sponsor, in its
sole discretion, shall determine the best method for distributing any or all of the rewards offered herein to
valid participants. 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 Promotion or to be acting in violation of the Terms
and Conditions of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by
any person to deliberately undermine the legitimate operation of the Promotion may be 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. Sponsor’s failure to enforce any term of these Terms and
Conditions shall not constitute a waiver of that provision.

9. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate
information, whether caused by participants, printing errors or by any of the equipment or programming
associated with or utilized in the Promotion; (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 Promotion; (4) technical or human
error which may occur in the administration of the Promotion or the processing of entries; (5) late, lost,
undeliverable, damaged or stolen mail or electronic communications; or (6) any injury or damage to persons
or property which may be caused, directly or indirectly, in whole or in part, from participant’s participation in
the Promotion or receipt or use or misuse of any reward. If for any reason any participant's sign-up is
confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, participant’s sole
remedy is another sign-up in the Promotion, if it is possible. No more than the stated number of rewards will
be awarded. In the event that production, technical, seeding, programming or any other reasons cause more
than the stated number of rewards as set forth in these Terms and Conditions to be available and/or claimed,
Sponsor reserves the right to award only the stated number of rewards by a random drawing among all
legitimate, un-awarded, eligible reward claims.

10. Disputes: THIS PROMOTION AND ITS RULES ARE GOVERNED BY US LAW AND ARE SUBJECT TO
ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. ALL ISSUES AND QUESTIONS
CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THE
PROMOTION RULES, OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANTS AND SPONSOR IN
CONNECTION WITH THE PROMOTION ARE GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE
WITH, THE LAWS OF THE STATE OF MICHIGAN, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL
BE IN DETROIT, MICHIGAN. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH
DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING
ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN
ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT
VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE
FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE
LAW IN MICHIGAN. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE
CONDUCTED IN THE CITY OF DETROIT. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL
DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH
RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR
ANY OTHER EQUITABLE RELIEF. EXCEPT WHERE PROHIBITED, YOU AGREE THAT ANY AND ALL
DISPUTES, CLAIMS AND/OR CAUSES OF ACTION ARISING OUT OF, OR CONNECTED WITH THE
PROMOTION OR ANY PRIZE AWARD SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY
FORM OF CLASS ACTION .

11. Participant's Personal Information: Information collected from participants is subject to


Administrator’s Privacy Policy available at www.quikly.com/page/privacy and Sponsor’s Privacy Policy
available https://www.dairyqueen.com/en-us/privacy-statement/.

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