Official Rules - Fun Fingers

Orange Julius® “Fun Fingers” Sweepstakes
Official Rules and Regulations (the “Sweepstakes Rules”)

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT AFFECT OR IMPROVE THE CHANCES OF WINNING.

The “Fun Fingers” Sweepstakes (the "Sweepstakes") is sponsored by Orange Julius® of America (the “Sponsor”). The Sweepstakes commences May 8, 2009 at 9:00:01 a.m. Eastern Time (“ET”) and closes July 17, 2009 at 4:59:59 p.m. ET (the "Sweepstakes Period”).

Eligibility
1. Open to residents of Canada (excluding Québec) and the United States of America (except Puerto Rico, U.S. territories and possessions, and where restricted or prohibited by law). Entrants must have reached the age of 13 on or before the start of the Sweepstakes Period. Employees, agents or representatives of the Sponsor, its parent, subsidiaries, advertising and promotional agencies, suppliers of prizes materials or services related to the Sweepstakes, including the independent Sweepstakes organization (“Sweepstakes judges”), as well as immediate family members of, or those domiciled with, any of the foregoing, are not eligible to enter the Sweepstakes. "Immediate family" is defined as parents, siblings, children and spouse.

To Enter
2. i) Online: To enter, visit the Sweepstakes website located online at www.orangejulius.com and join the OJ Quench Club® by clicking on the “Click here to join today” link. Fill in all required fields and hit the “submit” button to receive one (1) entry into the Sweepstakes.

ii) In-Store: To enter, visit any participating Orange Julius® location during the Sweepstakes Period, locate and complete the OJ Quench Club® sign-up form and submit it to a store employee to receive one (1) entry into the Sweepstakes.

iii) Entrants can receive one (1) entry by playing the “Fun Fingers” flash game. The online game can be accessed by clicking on the “Fun Fingers” link at www.orangejulius.com. After completing the game, fill in all required fields on the OJ Quench Club® sign-up form and hit the “submit” button to receive one additional entry into the contest. A person cannot receive an entry for playing the “Fun Fingers” flash game unless they complete the OJ Quench Club® sign-up form. If a person is already an OJ Quench Club® member they must play the “Fun Fingers” flash game and complete the “If you are already an OJ Quench Club® member” prompt by entering their e-mail address to receive one (1) entry into the contest.

Limit of (2) entries per person (regardless of e-mail address used) during the Sweepstakes Period. If a person submits more than the number of permitted entries, those incremental entries will not be included in the Sweepstakes draw. If a person is already an OJ Quench Club® member prior to the Sweepstakes start date, they cannot receive an additional entry for joining the OJ Quench Club®.

Prize
3. There are a total of ten (10) Grand Prizes available to be won in the Sweepstakes, consisting of one (1) Visa* Gift Card issued by RBC® pre-loaded with a $500.00 USD value. If the winner is a Canadian resident, he/she will receive his/her gift card with a $500.00 USD value converted to Canadian currency based on the exchange rate on the date and time of the draw. Gift cards will be subject to the terms and conditions found on the gift cards.

Grand Prize must be accepted as described in the Sweepstakes Rules and may not be substituted for another prize, or exchanged in whole or in part. The refusal by an entrant to accept a prize, or part of the prize, releases and forever discharges the Sponsor and its agents of all obligations related to the prize, including delivery.

All taxes on Grand Prize (other than taxes specifically referred to in the Sweepstakes Rules, and other incidental charges) are the sole responsibility of the Grand Prize winner.

In the event that, for reasons beyond their control and not related to the winner, the Sponsor or Sweepstakes judges are unable to award a Grand Prize as described in the Sweepstakes Rules, they will substitute a prize, in whole or in part, of equal or greater value at their sole discretion.

Grand Prize Draw:

4. A random draw will be conducted by the Sweepstakes judges, MacLaren Momentum, at approximately 10:00 a.m. ET on August 7, 2009 to select ten (10) potential Grand Prize winners from among all eligible entries received during the Sweepstakes Period.

Odds of winning a Grand Prize depend on the total number of eligible entries received during the Sweepstakes Period.

5. Attempts will be made to contact selected entrants by telephone within 48 hours of the applicable draw date. If the selected entrant cannot be contacted by telephone after four (4) attempts within five (5) days of the first attempt made to contact him/her, his/her entry will be disqualified and he/she will not win any prize and another entrant may be selected from the remaining eligible entries received in accordance with the Sweepstakes Rules until such time as a winner is declared or there are no remaining eligible entries to select from.

General Conditions

6. Online entries must be made by the original, manual keystrokes of the individual entrant. Use of mechanical assistance, form filling software or robotic assistance is prohibited. Proof of transmission of an entry does not constitute proof of delivery or receipt by Sponsor. Only one (1) entrant’s name may appear on the entry form. In the event of dispute regarding who submitted an online entry, the entry will be deemed to have been submitted by the authorized account holder of the email address provided in their quote. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.

7. To be declared a winner and claim a Grand Prize, the selected entrant for the Grand Prize must:

a) be reached by telephone by the Sweepstakes judges within the time prescribed above;

b) be eligible according to the Sweepstakes Rules;

c) sign a Declaration of Compliance, Liability and Publicity Release Form and/or Affidavit of Eligibility (“Release”) that will be sent by courier to the selected entrant and return it, duly completed, to the Sweepstakes judges by the date specified on the Release; and

d) be otherwise in compliance with the Sweepstakes Rules.

If the selected entrant is a Canadian resident, to be declared a winner and claim a Grand Prize he/she must also correctly answer a mathematical skill-testing question, without mechanical assistance of any kind, within the timeframe as indicated by the Sweepstakes judges during a telephone conversation with the selected entrant as described in Rule 5.

If a winner is a minor, the prize will be awarded (on minor’s behalf) to his/her parent or legal guardian, who will be required to sign and return the Release. In the case a selected entrant who is a Canadian resident is a minor, his/her parent or legal guardian may answer the skill-testing question on behalf of the minor.

The Release requires a selected entrant (or his/her parent or legal guardian if selected entrant is a minor) to (i) confirm, except where prohibited by law, acceptance of the prize as awarded, eligibility to participate in the Sweepstakes and compliance with the Sweepstakes Rules; (ii) release the Sponsor, its parent, affiliates, subsidiaries, divisions, dealers, their advertising and promotional agencies, suppliers of Prize, materials or services related to the Sweepstakes, and the Sweepstakes judges, and all of their respective employees, directors, officers, shareholders, agents, successors and assigns (collectively, the “Released Parties”), from any liability and damages which could arise out of or in any way related to the Sweepstakes and from the awarding, receipt, possession and/or use or misuse of the prize; and (iii) consent to the use of, in any related publicity, winner’s photograph, image, or likeness, any statements he/she may make regarding the Grand Prize, his/her place of residence (city and province only) and/or his/her voice for advertising purposes worldwide in perpetuity and in any form of media including the Internet, without any form of further compensation.

8. Failure to comply with any of the above conditions or otherwise with the Sweepstakes Rules, will result in the disqualification of the selected entrant and he/she will not receive any prize. In this event, at the sole discretion of Sponsor, a new random draw to award the prize may be conducted from the remaining eligible entries received in accordance with the Sweepstakes Rules (refer to Rule 5) until such time as a winner is declared or until there are no remaining eligible entries to select from. If, as a result of an error relating to the entry process, drawing or any other aspect of the Sweepstakes, there are more potential winners of Grand Prizes than contemplated in the Sweepstakes Rules, there will be a random draw from amongst all eligible prize claimants at the end of the Sweepstakes Period to award the Grand Prizes.

9. Upon receipt of the completed Release, and verification that the prize winner is eligible and in compliance with the Sweepstakes Rules, the Sponsor will notify the prize winner (or his/her parent or legal guardian if winner is a minor) within five (5) days of receipt of the completed Release of the manner in which he/she will have to take possession of his/her prize. The Sponsor reserves the right to determine how the presentation of the prize will occur and this may be either at a media event, by mail or in person.

10. By entering the Sweepstakes, each winner (or his/her parent or legal guardian if winner is a minor) authorizes the Sponsor and its representatives to use, in any related publicity, winner’s name, photograph, image, or likeness, any statements he/she may make regarding the prize, his/her place of residence (city and province only) and/or his/her voice for advertising purposes worldwide in perpetuity and in any form of media including the Internet, without any form of further compensation.

11. All entries become the property of the Sponsor and will not be acknowledged or returned to entrants at any time. No communication or correspondence will be exchanged with entrants, except with the selected entrants.

12. By entering the Sweepstakes, each selected entrant (or his/her parent or legal guardian if selected entrant is a minor) authorizes the Sponsor and its representatives to contact him/her directly using contact information provided in his/her Sweepstakes entry.

13. The Sweepstakes is void where prohibited by law and is subject to all Federal, Provincial and Municipal laws and regulations. The Sweepstakes and the Sweepstakes Rules will be exclusively governed by and construed in accordance with the laws of Ontario. Any dispute arising hereunder shall be governed by the laws of Ontario and shall be adjudicated in the applicable court in Toronto, Ontario.

14. Entries are subject to verification by the Sweepstakes judges. The Released Parties (as defined in Rule 7) are not liable for (i) late, lost, delayed, not received, damaged, misdirected, incomplete, stolen, fraudulent or illegible entries (all of which entries shall be automatically void and not eligible for a prize); (ii) failure to receive entries due to transmission failures, busy signals, traffic congestion on the internet or at any Web site or technical failures of any kind, including, without limitation, malfunctioning of any network, servers, access providers, hardware or software, whether originating with sender or recipient; or (iii) any injury or damage to entrant's or any other person's computer or other property, related to or resulting from participation or downloading any materials in the Sweepstakes and breaches of privacy due to interference by third party computer "hackers". The Sponsor reserves the right to void any entry and/or cancel or modify the Sweepstakes in whole or in part (without notice to entrants individually) for any reason including if, in its sole discretion, it determines that for any reason (such as tampering or infection by computer virus or any other cause beyond its control) the Sweepstakes is not capable of running as originally planned, or fraud, technical failures, human, printing or distribution errors, or any other causes or occurrences have compromised the administration, safety, fairness or integrity of the Sweepstakes. The Sweepstakes Rules are subject to change at the sole discretion of the Sponsor without notice to entrants individually. Any person entering the Sweepstakes or trying to do so by any means which go against the intention of the Sweepstakes Rules (example: computer hacking, fraudulent use of one or several access codes or obtaining such access codes through fraudulent means, etc.) will be automatically disqualified and the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law - including criminal prosecution.

15. By entering the Sweepstakes, each entrant (or his/her parent or legal guardian if entrant is a minor) accepts and agrees to be bound by the Sweepstakes Rules and the decisions of the Sponsor and the Sweepstakes judges, which are final, binding and conclusive on all matters related to the Sweepstakes.

16. In the event of any conflict with any Sweepstakes details contained in the Sweepstakes Rules and Sweepstakes details contained in any form of promotional materials or media (Sweepstakes Materials), the details of the Sweepstakes set forth in the Sweepstakes Rules shall prevail.

17. By entering the Sweepstakes, you permit the Sponsor, its agents, promotional agencies, representatives, and Sweepstakes judges to collect the information submitted with your entry and to use it to administer the Sweepstakes. You also permit the Sponsor to use this information to promote to you products and services that may be of interest to you, if indicated by you, unless prohibited by law. If you so indicate, we may communicate with you through various channels, including telephone, computer or mail using the contact information you have provided. We will respect your preferences otherwise recorded with us. For additional information please see our privacy policy at http://www.dairyqueen.com/us-en/privacy-statement/

* Registered trademark of Visa International Service Association. Used under license.