NO PURCHASE OR SALES PRESENTATION NECESSARY TO ENTER OR WIN.
A PURCHASE OR PAYMENT OF ANY KIND, OR OPTING-IN FOR MORE INFORMATION, WILL NOT
INCREASE YOUR CHANCES OF WINNING. AFFIDAVIT OF ELIGIBILITY/RELEASE OF LIABILITY/PRIZE ACCEPTANCE AGREEMENT AND BACKGROUND CHECK MAY BE REQUIRED TO RECEIVE ANY PRIZE IN THIS SWEEPSTAKES.
1. SPONSOR: Talk WW Production, Inc. (“Sponsor”), 226 W. 26th Street, 4th Floor, New York, NY 10001.
2. ADMINISTRATOR: WooBox, LLC (“Administrator”), 25200 Telegraph Road, Suite 405, Southfield, MI 48033 810 Main Street, Vancouver, Washington 98660, U.S.A., the independent agency administering this promotion.
3. ELIGIBILITY: The Wendy’s Soul Train Awards 2014 Trip Giveaway Sweepstakes (“Promotion”) is open to legal residents of the forty-eight (48) contiguous United States and the District of Columbia (“Territory”), who are at least 18 years of age, or the age of majority in his/her jurisdiction of residence, as of date of entry. Officers, directors, and employees (and members of their household or immediate family, i.e., parents, children, spouse, siblings, grandparents, the step-parents, step-children, and step-siblings of each and persons residing in such immediate family members’ household) of Sponsor, Administrator, Facebook, Centric, BET, Fox Television Stations, Inc., their respective parent, related, affiliated and subsidiary companies, all other entities involved in the creation, administration, or fulfillment of the Promotion and their respective successors and assigns are not eligible to enter or win. Participation constitutes full and unconditional agreement to these official rules (“Rules”). Potential Winner (“Potential Winner”) and his or her selected guests (“Guests”) must first submit to such background check and cooperate with Sponsor in any way that Sponsor requests in order to be eligible to receive the Prize (as defined below). Sponsor reserves the right, in its sole discretion, to disqualify any Potential Winner and/or Guests based on such background check if Sponsor determines, in its sole discretion, that awarding the Prize to such Potential Winner might reflect negatively on Sponsor. Sponsor’s and Administrator’s decisions are final and binding in all matters related to the Promotion. Winning is contingent upon fulfilling all requirements set forth herein. Void in Alaska, Hawaii, Guam, the U.S. Virgin Islands, Puerto Rico, U.S. military installments in foreign countries, all other U.S. territories and possessions, and where prohibited or restricted by law.
4. TIMING: The Promotion begins at 7:01:00 a.m. Pacific Time (“PT”) on October 27, 2014 and ends at 2:00:00 a.m. PT on October 28, 2014 (“Promotion Period”). Administrator’s computer will be the official clock for this Promotion.
5. HOW TO ENTER: During the Promotion Period, an eligible entrant (“Entrant”) may register on-line by going to www.facebook.com/wendyshow (the “Website”). If the Entrant is logging on to the Website for the first time, he/she will then be taken to a registration page where the Entrant must complete all of the requested information, including without limitation, enter and confirm his/her valid e-mail address, enter his/her complete first and last name (no initials), mailing address, telephone number, affirm that he/she is at least eighteen (18) years old and a resident of the contiguous U.S., affirm that he/she is free to travel between Thursday, November 6, 2014 to Saturday, November 8, 2014 and agree to these Rules. Entrants will also be asked to upload a current photograph of him/herself in jpeg format no larger than 10 megabytes. Normal Internet access and usage charges imposed by an Entrant’s online service provider will apply. Data rates may apply to any entry via a Mobile Device. Entrant should check his/her wireless provider’s customer pricing plan as carrier specific charges for mobile usage may apply. Entrants are solely responsible for any such wireless charges. Not all wireless carriers participate. After completing registration, the Entrant will receive one (1) entry into the Sweepstakes active on the date of entry.
Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different e-mail addresses, identities, registrations and logins, or any other methods will void the Entrant’s entries and that Entrant will be disqualified in the sole discretion of Sponsor. Any use of any micro, robotic, automatic, programmed, or like entry methods will void all such entries affected by such methods and Entrants using such methods will be disqualified. ATTEMPTS BY ANY PERSON TO DELIBERATELY DAMAGE THE WEBSITE(S) OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND IF SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
6. SWEEPSTAKES WINNERS SELECTION: The odds of winning Sweepstakes Prize, defined in Section 7 below, depend upon the number of eligible entries received during the Sweepstakes. Administrator decisions, along with the Sponsor’s, as to the administration and operation of the Promotion and the selection of the potential Sweepstakes Prize Winners are final and binding in all matters related to the Promotion. Administrator will randomly select two (2) potential Sweepstakes Prize Winners and two (2) alternate potential Sweepstakes Prize Winners (“Alternate Sweepstakes Prize Winners”) from all eligible entries received during Sweepstakes, on or around October 29, 2014 for a total of four (4) potential Sweepstakes Prize Winners. Each selected Sweepstakes Prize Winner is deemed a potential Sweepstakes Prize Winner pending verification of the winner’s eligibility and compliance with the Rules. Each potential Sweepstakes Prize Winner will be notified by e-mail and/or telephone on or about October 29, 2014. If a potential Sweepstakes Prize Winner cannot be contacted within one (1) business day from the date the potential Sweepstakes Prize Winner notification is attempted, fails to execute and return background check authorization and an Affidavit of Eligibility/Liability/Publicity Release within the required time, is found to be ineligible or is non-compliant with the Rules for any reason, then the potential Sweepstakes Prize Winner forfeits Sweepstakes Prize and Sponsor may select another potential Sweepstakes Prize Winner. Guests of Prize Winner (or, Guest’s parent/legal guardian if guest is deemed a minor in the state of his/her residence) will also be required to submit to a background check authorization. Sponsor reserves the right in its sole discretion to disqualify any person based on such background check if Sponsor determines in its sole discretion that awarding Sweepstakes Prize to such potential Sweepstakes Prize Winner or allowing the Guest to participate in the Sweepstakes Prize might reflect negatively on Sponsor. In the event that the potential Sweepstakes Prize Winner is disqualified for any reason, Sponsor will award Sweepstakes Prize to an Alternate Sweepstakes Prize Winner pending verification of the Alternate Sweepstakes Prize Winner’s eligibility and compliance with the Rules. In such cases where Sweepstakes Prize is not accepted or where a Sweepstakes Prize Winner has forfeited a Sweepstakes Prize Winner, there will, as necessary, be up to three (3) alternate drawings from the pool of entries into the applicable Sweepstakes, Administrator will randomly select, as necessary, be up to three (3) alternate potential winners from the pool of eligible entries in the applicable Sweepstakes to whom the applicable Sweepstakes Prize may be awarded.
7. PRIZE & APPROXIMATE RETAIL VALUE (“ARV”):
“Sweepstakes Prize” shall consist of the following:
• Roundtrip coach air transportation for winner and one (1) guest between major airport closest to winner’s residence (as determined by BET in its sole discretion) and Las Vegas, Nevada for the Soul Train Awards (If Winner resides within a 150-mile radius of Las Vegas, Nevada, BET reserves the right to substitute round-trip ground transportation to and from that winner’s residence in lieu of air transportation.);
• tickets for the winner and a guest (i.e., two (2) tickets per prize) to the taping of the Soul Train Awards 2014 (“Soul Train Awards”), to be held on November 7, 2014 in Las Vegas, Nevada;
• two (2) nights/three (3) double-occupancy hotel accommodations in Las Vegas, Nevada; and
• an opportunity to attend a meet- and-greet with certain available Soul Train Awards performers.
The ARV for Sweepstakes Prize is $1,000.00. The ARV is based on a Sweepstakes Prize Winner having one (1) Guest. ARV may vary from actual value, depending on date and point of departure, and number of Guests. Any difference between stated and actual value shall not be awarded.
The Sweepstakes Prize may only be awarded to a winner 18 years or older. Guests must be 18 or the age of majority in his/her jurisdiction of residence. All Guests must execute and return a background check authorization and a liability/publicity release prior to issuance of travel documents.
The Sweepstakes Prize must be taken on November 6, 2014-November 8, 2014. All Sweepstakes Prize-related travel arrangements will be administered by Centric or BET. All travel must be booked prior to departure. Sweepstakes Prize travel is subject to capacity controls, availability, weather, seasonal influences, and certain other restrictions, all of which are subject to change. Sweepstakes Prize Winner and his/her Guests will be required to travel on identical itineraries including the same departure date and return date. Air transportation and hotel accommodations must be taken together and cannot be taken separately. Guests must stay in the hotel rooms awarded to Sweepstakes Prize Winner. No changes will be made to travel details once any element(s) of the travel arrangements have been booked, except at Sponsor’s sole discretion. All airline tickets issued in conjunction with Sweepstakes Prize are not eligible for upgrades, frequent flyer miles or any other promotional benefit. Sponsor will not replace any lost or stolen tickets (including any event tickets or admission passes), travel vouchers or certificates or similar items once they are in a Sweepstakes Prize Winner’s possession or in the possession of a Guest. Travel must be roundtrip. Sponsor will determine flight itinerary in its sole discretion. Once hotel and flight arrangements have been confirmed, no changes will be allowed except by Sponsor in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in these Rules and those set forth by Sponsor’s air travel prize supplier, as detailed in the passenger ticket contract issued by such supplier. If a Sweepstakes Prize Winner elects to travel or partake in a Sweepstakes Prize with fewer Guests than allowed for or no Guests, no additional compensation will be awarded to a Sweepstakes Prize Winner.
All costs and expenses not specifically included herein are solely Sweepstakes Prize Winner’s responsibility as are all federal, state and local taxes. Sweepstakes Prize Winner and his/her Guests are solely responsible for obtaining any desired or necessary travel documents (including government-issued photo identification). Sweepstakes Prize Winner and Guests hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance for any part of the Trip. It is the responsibility of Sweepstakes Prize Winner and his/her Guests to arrive at the designated gateway airport in time for each flight that is part of Sweepstakes Prize.
Sweepstakes Prize Winner and his/her Guests are responsible for all in-room charges (e.g., mini-bar, movies), telephone calls, meals, beverages, gratuities, upgrades, personal incidentals, amenities, and any other fees and expenses not specifically mentioned in these Rules. Sweepstakes Prize Winner will be required to provide a major credit card upon hotel check-in and all in-room charges will be charged to the credit card. Any damage to the room attributed to Sweepstakes Prize Winner and/or his/her Guests will be the responsibility of Sweepstakes Prize Winner.
Sponsor bears no responsibility if any event, element or detail of Sweepstakes Prize is canceled, postponed or becomes unavailable for any reason. Should any event, element or detail of Sweepstakes Prize become unavailable, the Sponsor shall have no obligation to Sweepstakes Prize Winner aside from providing the travel portion of Sweepstakes Prize, minus any unavailable event, element or detail. Sweepstakes Prize Winner and his/her Guests shall be subject to all terms and conditions printed on any ticket issues in conjunction with Sweepstakes Prize. In the event Sweepstakes Prize Winner and/or Guest(s) is denied entry into any ticketed location or is removed or barred from any ticketed location for any other reason, the Sponsor is not responsible and no further compensation or award will be provided.
Prize Conditions: All benefits and payments are personal to each winner and are not redeemable for cash and are neither assignable nor transferable.
Sweepstakes Prize Winner is responsible for paying all taxes. The award of a prize is subject to applicable withholding requirements. Sweepstakes Prize Winner will receive an IRS Form 1099 reflecting the actual final retail value of his/her Sweepstakes Prize.
Any portion of a prize not accepted or used by Sweepstakes Prize Winner will be forfeited, and Sponsor shall not be responsible for any inability of Sweepstakes Prize Winner to accept or use any portion of the prize for any reason. No substitution or transfer of a prize except with Sponsor’s permission or where required by law is allowed. If for any reason a prize becomes unavailable, Sponsor may award a substitute prize of equal or greater value. Award of a prize is subject to verification of eligibility and compliance with all rules.
8. INTERNET/LIMITATIONS OF LIABILITY: Sponsor, Wendy Williams – individually, Administrator, Centric, BET, Fox Television Stations, Inc., their respective parents, related, affiliated and subsidiary companies, their advertising, promotion and web design agencies, all other entities involved in the creation, administration, or fulfillment of the Promotion or the transmission of The Wendy Williams Show during the Sweepstakes Period and their respective successors, assigns, directors, officers, employees, agents and independent contractors (individually and collectively, “Releasees”) are not responsible for technical malfunctions of any kind, including but not limited to interrupted or unavailable network server or other connections; miscommunications; failed, partial, or garbled telephone or computer transmissions; jumbled, scrambled or misdirected Entries or transmissions; telephone, electrical, network, computer hardware or software or program malfunctions, failures or difficulties; other errors, omissions, interruptions, or deletions of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes; or for any damage to any person’s computer related to participating in the Promotion. Additionally, Releasees are not responsible for illegible, unintelligible, late, lost or stolen Entries; incorrect or inaccurate Entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion; or for any technical or human errors which may occur in the processing of any Entries in the Promotion. Any person attempting to enter using multiple e-mail addresses, multiple identities or any other device or artifice to enter multiple times or to interfere with the proper administration of the Promotion will be disqualified from participation in the Promotion. Additionally, any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Promotion will void any attempted participation effected by such methods and result in the disqualification of the individual utilizing the same. Administrator reserves the right to disqualify any individual found or suspected, in its sole opinion, to be tampering with the operation of the Promotion; to be acting in violation of these Rules; or to be acting with the intent to disrupt the normal operation of the Promotion. If, in the judgment of Administrator, the Promotion is compromised by viruses, bugs, non-authorized human intervention or other causes that corrupt, or may corrupt the administration, security, fairness or intended proper play of the Promotion, so that it cannot be conducted as originally planned, Administrator has the right, in its sole discretion, to modify the Rules or to cancel, modify, terminate or suspend the Promotion (except where prohibited by law); and in such event, to select the winners by such method as Sponsor in its sole discretion shall consider equitable. RELEASEES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AS REGARDS ANY PRIZE OR ANY COMPONENT OF A PRIZE. AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, ENTRANTS SHOULD CHECK THEIR LOCAL LAWS TO LEARN IF ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY APPLY TO THEM.
10. GOVERNING LAW: The terms of this Promotion shall be governed by, construed under, interpreted and enforced in accordance with the laws of the State of New York, U.S.A. Any dispute or claim arising out of or in connection with this Promotion or these Rules or in connection with the use of the Sweepstakes Prizes shall be submitted exclusively to the District Court in and for New York County, New York, U.S.A. (or if the District Court shall not have jurisdiction over the subject matter thereof, then to such other court sitting in such county having subject matter jurisdiction) for trial and determination by the court sitting without a jury. All Entrants consent to the jurisdiction of such court and to the service of process outside the State of New York pursuant to the requirements of such court in any matter submitted to it, and they expressly waive the right to a jury trial.
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 ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ANY CLAIM MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION ACCRUED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED. For the avoidance of doubt and notwithstanding anything to the contrary in this Section 10, the rights of the Sponsor, and its related and affiliated companies and all entities associated with the administration of the Promotion are not limited in any manner under this Section 10.
11. RELEASE: By participating, each Entrant releases and agrees to indemnify and hold harmless Releasees from and against any and all costs, claims, damages, or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to participation in the Promotion, or arising out of participation in any Promotion or Promotion-related activity, or the receipt, use, or misuse of a prize.
12. GENERAL & AGREEMENT TO RULES: By entering the Promotion, Entrants agree to abide by these Rules. In no event will more prizes be awarded than are stated in these Rules. The Promotion is subject to all applicable federal, state, provincial, territorial and local laws.
13. WINNERS LIST: To obtain the Winners names, send a properly stamped self-addressed envelope, to be received by October 31, 2014, to the Wendy’s Soul Train Awards 2014 Trip Giveaway Sweepstakes Winners List, 226 West 26th Street, New York, New York 10001, U.S.A. Vermont residents may omit return postage.
© 2014 Talk WW Production, Inc.