Subway Calgary "Flames Feature Sandwich" Contest Official Rules Dates: February 25, 2019 - March 31, 2019
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Subway Calgary “Flames Feature Sandwich” Contest Official Rules Dates: February 25, 2019 – March 31, 2019 NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. You are providing your information to i2i Advertising & Marketing Ltd (“Administrator”) on behalf of Subway Franchisee Canadian Advertising Trust (“SFCAT”) for Market #228 (Calgary, Alberta) (“Sponsor”) and Subway IP, LLC.; Franchisee World Headquarters, LLC; Subway Restaurants. Any questions, comments or complaints regarding this Contest shall be directed to Administrator or Sponsor and not to the Calgary Flames Hockey Team (the “Calgary Flames”). The Calgary Flames’ involvement in the Contest is limited to providing prizing and promoting through their Social Media channels. The Subway® Calgary “Flames Feature Sandwich” Contest (“Contest”) begins at 12:01 AM Central Time (“CST”) on February 25, 2019 and ends at 11:59 PM CST on March 31, 2019 (the “Contest Period”). ELIGIBILITY: The Contest is open only to legal residents of the Province of Alberta, Canada, who are at least eighteen (18) years of age at the time of Contest registration. Employees, officers and directors of Sponsor, the Calgary Flames, their respective parent, affiliate, subsidiary companies, suppliers of materials or services related to the Contest (including retailers, and advertising, promotion, fulfillment and marketing agencies), or members of their immediate families (mother, father, brothers, sisters, sons, daughters spouses (including common law spouses), and their respective spouses, regardless of where they reside) and persons living in the same households (whether related or not) are not eligible to enter the Contest or win. By entering, you agree that you have read, understood and will abide by these Official Rules and the decisions of the judges and Sponsor, which are final and binding in all respects. Void where prohibited by law, rule or regulation. All federal, provincial, territorial, and local laws and regulations apply. An “Entrant” is an eligible person who submits an entry in accordance with these Official Rules. HOW TO ENTER: You may enter this Contest only via the entry methods described below. All entries must be received by 11:59 p.m., CST, of the last day of the Contest Period (March 31, 2019), regardless of the method of entry. Proof of depositing entry in mail is not considered proof of delivery or receipt. No photocopied or mechanically reproduced entries will be accepted. Illegible, incomplete and duplicate entries will be disqualified. Entries will not be accepted from post office boxes. All entries become the property of Sponsor and will not be returned. INSTAGRAM ENTRY METHOD: You may enter this Contest by posting a picture to your Instagram account while you are physically located at either a Subway® Restaurant or a Calgary Flames hockey game during the Contest Period. You may set up a free Instagram account by visiting http://www.instagram.com. For your post to constitute a valid entry, you must follow the Instagram account “@subway_alberta,” tag this account in your post, include “#contest” in your post, and include a hashtag associated with the Calgary Flames (i.e. “#FlamesSubSelfie”) (each, an “Entry”). Entrant does not need to be featured in the picture, but it must be clear the Entrant is either physically located at a Subway® Restaurant or attending a Calgary Flames hockey game. Entrants cannot submit a picture featuring any third party. Pictures featuring other third parties will be disqualified. MAIL-IN ENTRY METHOD: Alternatively, you may enter the Contest by hand-printing the words Subway Calgary “Flames Feature Sandwich” Contest, your name, age, address, city, state, zip code, telephone number, and e-mail address (if applicable) on a 3” x 5” card and mailing it in an envelope to: Calgary “Flames Feature Sandwich” Contest 7258981.2 [004]
c/o i2i Advertising 310-611 Alexander Street Vancouver BC V6A 1E1 Limit two (2) entries per person, per valid Instagram account or per mailing address, per day for the duration of the Contest Period. All entries—regardless of entry format—must be received by Sponsor by March 31, 2019 at 11:59 PM CST. The sole determinant of time for this Contest will be the computer servers of Administrator. Entries received from the same person or account in excess of the stated limitation will be void. Any attempt by a person to use multiple email accounts or physical addresses to enter more than once may result in disqualification at the discretion of Sponsor, in its sole and absolute discretion. Should multiple users of the same email account enter the Contest and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said email account at the time of entry will be considered the Entrant. “Authorized account holder” is defined as the natural person who is assigned an account by http://www.instagram.com. Proof of transmission of an entry or depositing entry in mail (for example, post-marks, screenshots or captures etc.) does not constitute proof of delivery or receipt of an entry by Administrator. All entries become the property of Sponsor and will not be acknowledged or returned. RANDOM DRAWING: Winners of the prizes (“Winners”) will be selected in a random drawing from among all eligible entries, on or about the last date of each week of in the Contest Period (each a “Drawing Date”) by the Administrator, whose decisions are final and binding in all matters relating to this Contest. Administrator will use reasonable efforts to contact Winners within five (5) days of each Drawing Date. ODDS OF WINNING: Odds of winning depend on the number of entries received for the Contest. In the event of cancellation of the Contest, Sponsor will randomly award the prizes from among all eligible, non-suspect entries received prior to cancellation. WINNER NOTIFICATION AND CONFIRMATION: Selected entrants who entered the Contest using the Instagram Entry Method (described herein) will receive prize notification from the Contest Administrator via a direct message to the Entrant’s Instagram account. Selected entrants who entered the Contest using the Mail-In Entry Method (described herein) will receive a prize notification from the Contest Administrator via electronic mail, or Canada Post, and/or phone call using the contact information provided with the mail-in entry. To be confirmed a winner, selected entrants must: (a) respond to the notification within three (3) days from time of its delivery to confirm that the notification has been received, and (b) correctly answer (without assistance of any kind, whether mechanical or otherwise) a time-limited mathematical skill-testing question to be administered by telephone. Selected entrants may also be required to execute and return within five (5) days a Declaration of Compliance with Contest Rules and Liability Release/Consent to Publicity Form (“Form”) releasing the Releasees, as set out below, and consenting (except where prohibited by law) to the use of the winner's name, portrait, picture, voice, likeness, comments, city and province of residence, and biographical information (e.g. age) for any future promotional activity related to the Contest, as set out below. If a selected entrant cannot be contacted, does not respond to the notification, is unable to answer the skill-testing question correctly within the allowed time period, fails to return the Form and any other required documents within the specified time period, or if the entrant is found to be not in compliance with these Official Rules or declines acceptance of a prize for any reason, or if any document, prize or notification, is returned as undeliverable, his/her entitlement to the prize will be forfeited and, at Sponsor’s sole and absolute discretion, the prize may be awarded to an alternate entrant, subject to winner confirmation. CONTEST PRIZES: The Calgary Flames will provide one (1) weekly prize to be awarded to one (1) Entrant for each Weekly Prize Period (defined below) during the Program Period. Each weekly prize consists solely of up to (i) one (1) hockey jersey signed by a team member of the Calgary Flames and (ii) two (2) premium seat tickets to an upcoming Calgary Flames game to be held in Calgary, Alberta (i.e. a home game) on a date and at a time chosen by the Sponsor and/or Administrator in their sole discretion (each a “Prize” and collectively, the “Prizes”). Each Entrant can win a Prize no more than once during the Program Period. Prize periods (each, a “Weekly Prize Period”) and their corresponding Prizes are as follows: Weekly Prize Prize ARV per Item(s) Date of Hockey Game Maximu Period m ARV per Prize 7258981.2 [004] -2-
Week 1: One (1) Prize, • Signed Jersey - $160 CAD To be chosen by the Sponsor $560 February 25 – as described • Two (2) Calgary Flames and/or Administrator in their March 3, 2019 above Home Game Hockey sole discretion. Tickets - $400 CAD Week 2: March One (1) Prize, • Signed Jersey - $160 CAD To be chosen by the Sponsor $560 4 – March 10, as described • Two (2) Calgary Flames and/or Administrator in their 2019 above Home Game Hockey sole discretion. Tickets - $400 CAD Week 3: March One (1) Prize, • Signed Jersey - $160 CAD To be chosen by the Sponsor $560 11 – March 17, as described • Two (2) Calgary Flames and/or Administrator in their 2019 above Home Game Hockey sole discretion. Tickets - $400 CAD Week 4: March One (1) Prize, • Signed Jersey - $160 CAD To be chosen by the Sponsor $560 18 – March 24, as described • Two (2) Calgary Flames and/or Administrator in their 2019 above Home Game Hockey sole discretion. Tickets - $400 CAD Week 5: March One (1) Prize, • Signed Jersey - $160 CAD To be chosen by the Sponsor $560 25 – March 31, as described • Two (2) Calgary Flames and/or Administrator in their 2019 above Home Game Hockey sole discretion. Tickets - $400 CAD The total approximate retail value (“ARV”) of all prizes is $2,800 CAD. HOCKEY TICKET PRIZE CONDITIONS: This provision shall apply to any Prize that consists of tickets to a professional hockey game (“Tickets”). All costs and expenses associated with the acceptance and use of Tickets not expressly specified herein as being provided as part of the Prize, including but not limited to lodging, travel, transportation, meals, beverages, parking, gratuities and other costs and expenses incurred by use of the Tickets are the sole responsibility of the winning Entrant (collectively, as used in this paragraph, “Ticket Winner”). Seat locations at the game shall be determined in the sole discretion of Sponsor and/or Administrator, unless otherwise specified herein. National Hockey League (“NHL”) game, event and exhibition dates and times are determined in the sole discretion of the Office of the Commissioner of the NHL and/or the applicable NHL Team (each, a “NHL Team”), as applicable, and may be subject to change. The terms and conditions of the Tickets will govern in the event a legal game, event or exhibition, as defined by NHL, is not played or held, as applicable, due to weather conditions, an act of God, an act of terrorism, civil disturbance or any other reason. If Ticket Winner cannot attend the event on the date and at the time of the game specified in the Ticket, then Sponsor shall have no further obligation to the Ticket Winner. Sponsor does not guarantee that the game will take place on a particular date or time. Sponsor will have no responsibility to any Ticket Winner if any game is cancelled or rescheduled. Ticket Winner and his/her guest(s) agree to comply with all applicable ballpark and venue, as applicable, rules and regulations in connection with the Tickets. Sponsor and the applicable NHL Entities reserve the right to remove or to deny entry to the Ticket Winner and/or his/her guest who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game, event or exhibition. Sponsor and the NHL Entities (defined below) will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any NHL game, event or exhibition. NHL game, event and exhibition tickets awarded as prizes may not be resold or offered for resale, redeemed for cash, rescheduled or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and forfeiture of the Prize, and may invalidate the license granted by the game, event or exhibition ticket(s). Each Ticket Winner agrees to and hereby does waive, release and hold harmless the “NHL Entities”, which shall mean the Calgary Flames, the Office of the Commissioner of the NHL, the NHL, its bureaus, committees, subcommittees and councils, each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the NHL and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities for any and all claims arising out of any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Contest or from the receipt or use of any Tickets (or any portion thereof) or any travel or activity related to the receipt or use of the Tickets (or any portion thereof), including without limitation, any personal injury, death or 7258981.2 [004] -3-
damage to persons or property. NHL Entities’ names and logos are registered trademarks and are used with permission. GENERAL PRIZE CONDITIONS: Limit one (1) prize per person during the Contest Period. The actual values of the prizes described above depend on market conditions at time of fulfillment. Any difference between stated ARV and actual value of prizes will not be awarded. Prizes will only be awarded by Sponsor upon winner confirmation and final approval by Sponsor, as set out above. Prizes must be accepted as awarded, and no prize substitution, cash equivalent of prizes, transfer, exchange or assignment of prizes is permitted, except by Sponsor, at its sole and absolute discretion. Prizes are non-refundable, not convertible to cash, and cannot be replaced if lost or stolen. Prizes are provided "as is" without further warranty, representation, condition, or guarantee, express or implied, of any kind. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute a prize of equal or greater value (based on the ARV of the prize as stated in these Official Rules), including without limitation, a cash award, in its sole and absolute discretion. Prizes will be awarded only to residential addresses within Alberta, Canada. Winners are responsible for all federal, state, provincial, territorial, and local taxes and any other costs and expenses associated with prize acceptance and use of the prize not specified herein as being provided. All prize details not specified herein are at Sponsor’s sole discretion. MISCELLANEOUS: Releasees (as defined herein) are not responsible for entries that are late, lost, illegible, mutilated, incomplete, corrupted, stolen, garbled, damaged, delayed, destroyed, undelivered or misdirected, altered, or otherwise irregular, mechanically reproduced, submitted using robotic, automated, programmed, or illicit means, contain false information, included in a bulk-drop off (e.g. multiple entries submitted by the same entrant), have become subject to unauthorized access, or do not conform with or satisfy any or all of the conditions in these Official Rules, at Sponsor’s sole and absolute discretion, all of which may be disqualified and judged void. As a condition of accepting the prize, winner agrees to furnish any requested information needed for tax reporting. CONSENT TO PUBLICITY: By participating in the Contest and accepting a prize, entrants grant to Sponsor the Calgary Flames, and the NHL the right to print, publish, broadcast, and use universe-wide in any media now known or later developed, their name, portrait, photo entry, picture, voice, likeness, comments, city and province of residence, and biographical information (e.g. age) for any future promotional activity related to the Contest, including but not limited to, in advertisements, publicity, and other communications, worldwide, in perpetuity, without additional compensation, notification or permission, except where prohibited by law. RELEASE: BY PARTICIPATING IN THE CONTEST, ENTRANTS AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS THE CALGARY FLAMES, ADMINISTRATOR, SPONSOR, NHL ENTITIES, SUBWAY® RESTAURANTS, SUBWAY® FRANCHISEES, SUBWAY® FRANCHISORS, FRANCHISE WORLD HEADQUARTERS, LLC, DOCTOR’S ASSOCIATES INC., AND SUBWAY IP INC., AND THEIR RESPECTIVE PARENT, AFFILIATE AND SUBSIDIARY COMPANIES, SUPPLIERS OF MATERIALS OR SERVICES RELATED TO THE CONTEST (INCLUDING RETAILERS, AND ADVERTISING, PROMOTION, FULFILLMENT AND MARKETING AGENCIES) AND ALL OF THEIR RESPECTIVE EMPLOYEES, REPRESENTATIVES, DIRECTORS, OFFICERS, SHAREHOLDERS, AND AGENTS (COLLECTIVELY, “RELEASEES”) FROM ANY AND ALL CLAIMS MADE BY ENTRANTS OR ANY OTHER THIRD PARTIES, LIABILITIES OR DAMAGES RELATED IN ANY WAY TO THE OPERATION OF THE CONTEST, AS WELL AS ANY AND ALL CLAIMS, DAMAGES OR LIABILITY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND TO PERSONS, INCLUDING DEATH, AND PROPERTY, WHETHER DIRECT OR INDIRECT, WHICH MAY BE DUE TO OR ARISE OUT OF THE ADMINISTRATION OF THE CONTEST, PARTICIPATION OR ATTEMPTED PARTICIPATION IN THE CONTEST, SELECTION AND CONFIRMATION OF WINNERS, OR ANY PORTION THEREOF, OR THE ACCEPTANCE, USE/MISUSE, ATTEMPTED USE, OR POSSESSION OF ANY PRIZE, OR ANY PRIZE-RELATED TRAVEL OR ACTIVITY, INCLUDING AS SET OUT BELOW IN THE “DISCLAIMER” SECTION. ENTRANTS WAIVE ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DISCLAIMER: Sponsor reserves the right to terminate, suspend, cancel or modify the Contest, without notice, and award the prizes from among all eligible, non-suspect entries received prior to cancellation in a random drawing, as described above, if for any reason this Contest is not capable of running as planned due to any reason, including infection by computer virus, bugs, errors, tampering, fraud, unauthorized intervention, technical failures or 7258981.2 [004] -4-
other causes beyond the control of Sponsor that may corrupt or impair the integrity, fairness or proper play of the Contest. Releasees are not responsible or liable for any events which may cause errors and/or the Contest to be stopped, including but not limited to: (1) incorrect or inaccurate capture of entry information; (2) any failure of, error, omission, interruption, deletion, defect, delay in operation or problems with websites associated with the Contest, including Instagram; (3) transmission, communications line failure, problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, cable, satellite, or Internet Service Providers (ISP), computer equipment, software or any other failure of any email or entry to be received by Sponsor due to technical problems, human error, traffic congestion on the Internet or at any web site, mail delays, postal strikes, or any combination thereof; and/or (4) any injury or damage to entrant's or any other person's computer relating to or resulting from participation in this Contest or downloading any materials in this Contest. Releasees are not responsible for printing, typographical, computer, mechanical, technical, electronic, network or other errors or problems, including any errors or problems that may occur in connection with the administration of the Contest or in any other Contest -related materials. Sponsor reserves the right, in its sole and absolute discretion, to disqualify you from participating in this Contest if you: (a) violate the Official Rules; (b) tamper or attempts to tamper with the entry process, including by generating entries by script, macro or other automated means, without notice or liability; (c) act in a manner Sponsor determines to be not fair or unsportsmanlike, with an intent to annoy, threaten or harass any other entrant or Sponsor, or in any other disruptive manner; or (d) attempt to undermine the legitimate operation of the Contest. CAUTION: ANY ACT OR ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR APPLICATION OR MICROSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL(S) TO THE FULLEST EXTENT PERMITTED BY LAW, AND TO BAN OR DISQUALIFY THE ENTRANT FROM THIS AND FUTURE CONTESTS. ADDITIONAL TERMS AND CONDITIONS: The following are conditions to winning a prize and additional terms and conditions binding on Entrants and Winners: a. All tax liabilities and any applicable fees associated with accepting a prize or participation in this Contest are the sole responsibility of the Winners. b. If a Winner declines a prize, or if person who is chosen in the drawing is not an eligible entrant or has not complied with these Official Rules, such person shall be disqualified and another person will be chose in a drawing for the prize. c. No transfer, substitution, division or splitting of prizes allowed. d. Acceptance of a prize constitutes permission by an Entrant or Winner (or their parent/legal guardian if such Entrant or Winner is a minor in his/her state of residence) to the Sponsor and/or Administrator and their agencies to use Entrant’s or Winner’s names and/or likenesses for purposes of advertising and trade without further compensation, in perpetuity and in any and all media now known or hereafter discovered, unless prohibited by law. e. Decisions of Sponsor and/or Administrator are final with respect to determination of Winners and all matters with respect to the conduct of the Contest. f. By participating in this Contest, Entrants and Winners agree to be bound by the Official Rules. CHOICE OF LAW AND DISPUTE RESOLUTION: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the substantive 7258981.2 [004] -5-
laws of Alberta and Canada. Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled by binding arbitration in accordance with the Alberta Arbitration Act at a hearing to be held in Alberta, Canada. The arbitration will be in the English language and judgment upon an award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The commencement of arbitration proceedings by an aggrieved party to settle disputes arising out of or relating to this Contest is a condition precedent to the commencement of legal action by either party. Each party will be responsible for their own costs in conjunction with the arbitration action. If either party commences action in any court prior to an arbitrator's final decision on the controversy or claim, then the party so commencing the action shall be responsible for all expenses incurred by the parties in the arbitration and the court proceedings whether or not they are the prevailing party. By entering, entrants also submit to the jurisdiction and venue of the Alberta Superior Court. PRIVACY / USE OF PERSONAL INFORMATION: By participating in the Contest, eligible Entrant hereby consents to Sponsor’s, Administrator’s or authorized agents’ collection, use, and disclosure of Entrants’ personal information for the purposes of administering the Contest and prize fulfillment. Entrant acknowledges that he/she has read, understood and accepted the Sponsor’s Privacy Statement, which provides more information about Sponsor’s privacy practices and is located at http://www.subway.com/en-ca/legal/privacystatement-fwh. Entrants may be offered the optional opportunity to receive coupons, newsletters, informational materials, marketing communications, or other special promotions, or other offers from Sponsor, affiliates within the Subway® Group, and/or third-party service providers. Entrants will not be contacted for marketing purposes unless they have provided their express consent. By accepting a Prize, Winner agrees to Sponsor's use of his/her name, city/province of residence, picture, biographical information, statements, voice and likeness in any advertising and publicity Sponsor and its respective successors, assigns and licensees may conduct relating to the Contest in any media or format, whether now known or hereafter developed, including but not limited to the Internet, at any time or times in perpetuity, without further compensation or notice, and hereby releases Releasees from any liability with respect thereto. Winner may be required to sign a further release regarding the grant of these publicity rights. OFFICIAL RULES/WINNERS’ LIST: This Contest will be run in accordance with these Official Rules, subject to amendment by Sponsor. The Official Rules at shall govern in the event of any inconsistency with other Contest- related materials. For a copy of these Official Rules and Winners’ list, send a self-addressed stamped envelope to 310- 611 Alexander Street, Vancouver, BC, V6A 1E1– please specify “Calgary Flames Feature Sandwich Contest” and “Official Rules” or “Winners’ List.” – All requests must be received within six (6) months after the end of the Contest Period. The Official Rules are also available at https://www.nhl.com/flames/fans/contests/subway. SPONSOR: Subway Franchisee Canadian Advertising Trust, on behalf of Market #228, 310- 611 Alexander Street, Vancouver, BC, V6A 1E1 is Sponsor of this Contest. The Contest hosted by the Sponsor is in no way sponsored, endorsed, administered by, or associated with the NHL or Instagram. VOID IN PROVINCES NOT SPECIFICALLY IDENTIFIED IN THE ELIGIBILITY SECTION AND WHERE PROHIBITED OR RESTRICTED BY LAW. Subway® is a Registered Trademark of Subway IP, LLC. ©2019 Subway IP, LLC. All rights reserved. 7258981.2 [004] -6-
[These abbreviated rules are to be used as the disclaimer in ad copy, signage, entry forms, point of sale materials, email messages, direct mail pieces, audio and video scripts, etc.] SUBWAY CALGARY “FLAMES FEATURE SANDWICH” CONTEST Abbreviated Rules Dates: February 25, 2019 – March 31, 2019 POP/IN-STORE SIGNAGE ABBREVIATED Abbreviated Rules. NO PURCHASE NECESSARY. To participate, you must be a legal resident of the Province of Alberta, Canada and 18 years of age or older at the time of entry. Contest begins on February 25, 2019 and ends on March 31, 2019. For complete details see Official Rules available at https://www.nhl.com/flames/fans/contests/subway. Sponsor: Subway Franchisee Canadian Advertising Trust on behalf of Market #228. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. 2019 Subway is a Registered Trademark of Subway IP, LLC. ©Subway IP, LLC. All rights reserved. 7258981.2 [004] -7-
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