Wendy’s “Dough-Vember” Sweepstakes
For Periodic Sweepstakes #4
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 ON AIR RELEASE 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. TIMING: Wendy’s “Dough-Vember” Sweepstakes (the “Sweepstakes”) begins on November 10, 2014 at 7:00:00 a.m. PST and ends on November 22, 2014 at 1:00 a.m. PST (the “Sweepstakes Period”). Each Sweepstakes Period will be divided into an Entry Period and Play Period as described below. All times in the Sweepstakes refer to Pacific Time (“PT”). Administrator’s computer is the official timekeeper for the promotion.
4. Eligibility: The Sweepstakes is open to legal residents of the fifty (50) United States, Washington, D.C., or Puerto Rico, who are at least 18 years of age, or the age of majority in his/her jurisdiction of residence, as of date of entry. Entrants must have either a valid Social Security Number or valid U.S personal tax identification number. Employees, officers, and directors (including such persons’ parents, spouses, children and siblings and members of the same household) of Sponsor, Debmar-Mercury, LLC, Woobox LLC, Facebook, Fox Television Stations, Inc., participating stations airing The Wendy Williams Show, and any of their respective agencies, affiliates, parent companies or subsidiaries (collectively the “Sponsor Parties”) are not eligible to participate in this Sweepstakes. The Sponsor reserves the right to require proof of eligibility. Participation constitutes full and unconditional agreement to these official rules (“Rules”). Potential Winner (“Potential Winner”) must submit 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 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 Guam, the U.S. Virgin Islands, and U.S. military installments in foreign countries, all other U.S. territories and possessions, and where prohibited or restricted by law.
By entering, entrant accepts as final and binding all decisions of the Sponsor regarding this Sweepstakes and releases and agrees to hold harmless all of the Sponsor Parties and the Program and their respective parents, subsidiaries, officers, directors, employees, representatives, agents and shareholders, from and against any and all claims, causes of action, demands, losses or liabilities of any nature whatsoever which may result, directly or indirectly, in whole or part, from entrant’s participation in the Sweepstakes or with respect to the awarding, receipt, possession, use and/or misuse of the Prize or any part thereof.
5. How to Enter: To enter the Sweepstakes, an eligible entrant (“Entrant”) may register on-line by going to www.facebook.com/wendyshow (the “Website”) starting on November 10, 2014 at 7:00:00 a.m. PST through November 15, 2014 at 6:00 a.m. PST (“Entry Period”). 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 one of the fifty (50) United States, the District of Columbia, or Puerto Rico, 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. Non-winning entries into one Periodic Sweepstakes will not rollover into future Periodic Sweepstakes.
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. Winner Selection and Notification of Potential Winners: Once the Entry Period has ended, Sponsor will be randomly select five (5) potential Winners from among all eligible Entries received during the corresponding Entry Period. Potential Winners will be notified by telephone or email within one (1) day of selection. If the potential Winner cannot be contacted within one (1) day, or if the Prize or Prize notification is returned as undeliverable, potential Winner forfeits the Prize. The potential Winner must complete and return an affidavit of eligibility, a W-9, and publicity release (except where prohibited) and agree to accept the Prize within one (1) day from the time personal contact is made; otherwise such potential Winner will be disqualified. Winner may also be required to fill out a Prize Acceptance form once the specific value of the Prize is determined during the Play Period as defined below. In the event that any potential Winner is disqualified for any reason, Sponsor may award the Prize to an alternate Winner by random drawing from among all remaining eligible Entries received during the corresponding Sweepstakes Period. Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate potential Winner. An entrant is not a Winner, even if the Sponsor should so indicate, unless and until that entrant’s eligibility and the potential winning Entry has been verified and the entrant has been notified that verification is complete.
The final potential Winners will be selected on air during a broadcast of The Wendy Williams Show starting November 17, 2014 at 7:00 a.m. PST through November 22, 2014 at 1:00 a.m. PST (“Play Period”) during a segment in which a Dough-Vember Sweepstakes game or challenge (“Sweepstakes Game”) will be played by a celebrity guest or in-studio audience member for a prize as defined below. The final potential Winners will be announced on air according to the chronological order in which each selected Entrant was randomly selected and based upon eligibility. At the election of the Sponsor, in its sole discretion, Sweepstakes Game may not be played every weekday during the Play Period or may be suspended for a number of days during the Play Period due to production exigencies and/or other promotions. The potential Winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Limit of one Prize per person per household during the Sweepstakes Period.
7. THE POTENTIAL SWEEPSTAKES WINNER IS SUBJECT TO VERIFICATION AND SWEEPSTAKES ADMINISTRATOR AND SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.
8. Daily Prizes/Odds of Winning: There will be five (5) Prizes awarded in total. Each prize will have an Approximate Retail Value ranging from $50.00 (fifty dollars) to $1,000.00 (one thousand dollars) and will consist of cash or a cash equivalent, such as a check. All monetary values expressed herein are in U.S. Dollars. Up to one (1) Prize will be awarded on air during an episode of The Wendy Williams Show (the “Show”) during the Play Period. The prize value awarded to the Winner will match the value of the prize won by the celebrity or in-studio audience member playing the Sweepstakes Game on that given day of the Play Period. If there is more than one audience member playing the Sweepstakes Game on the day of the Play Period when Winner’s name is announced or appears on screen, the Winner will only win the Prize won by the first player on that day of the Play Period.
Odds of winning a Prize depend on the number of eligible Entries received during the corresponding Entry Period. All taxes not addressed in Prize and other unspecified expenses, costs or fees associated with acceptance and/or use of the Prize are the responsibility of the Winner. No transfer, or other substitution of the Prize will be allowed except that Sponsor reserves the right, in Sponsor’s sole and absolute discretion, to substitute a Prize of comparable or greater value. Allow eight (8) weeks, after Sponsor receives completed Affidavit of Eligibility, a Liability Release and a Publicity Release (except where prohibited by law), for delivery of the Prize to the address provided by the Winner. Sponsor will not replace any lost or stolen Prize once in Winner’s possession.
9. Entry Conditions and Release: By entering, each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Administrator and the Sponsor, which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless the Sponsor, Administrator, Wendy Williams, the individual, and each of their respective parents, subsidiary, and affiliated companies, and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including, but not limited to, invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to an entrant’s Entry, creation of an Entry or submission of an Entry, participation in the Sweepstakes and Promotion, acceptance or use or misuse of the Prize and/or the broadcast, exploitation or use of Entry; (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an entrant’s participation in the Sweepstakes and Promotion and/or an entrant’s acceptance, use or misuse of the Prize; and (d) waive any right to claim any ambiguity or error in these Official Rules or the Sweepstakes itself.
10. Publicity: Except where prohibited, participation in this Sweepstakes constitutes Winner’s consent to Sponsor’s and its agents’ use of the Winner’s name, likeness, photograph, voice, opinions and/or hometown and state for broadcast and for promotional purposes in any and all media, now or hereafter known, worldwide, in perpetuity without further payment or consideration. By entering this Sweepstakes, you agree to allow the Show to announce your name and/or post the photograph you submitted as entry into this Sweepstakes in an episode of the Show that will be broadcasted via television worldwide and may rebroadcast on the Internet.
11. General Conditions: Administrator or Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor or Administrator’s reasonable control impairs the integrity or proper functioning of the Sweepstakes or the transmission of the Show during the Sweepstakes Period, as determined by Sponsor in its sole discretion. Sponsor or Administrator reserve the right in its sole discretion to disqualify any individual it finds to be tampering with the Entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor and Administrator reserve 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 Official Rules shall not constitute a waiver of that provision. Sponsor retains sole discretion for determining if Entry contains the correct answer. Incorrect, incomplete, illegible, false/deceptive, and ineligible Entries are void and will be disqualified, as are any Entries made (a) by any method other than that set forth in these Official Rules or (b) via any automated sweepstakes entry service or program(s). All Entries and related correspondence become the property of Sponsor and will not be acknowledged or returned.
Released Parties are not responsible for incomplete, lost, late, stolen, damaged, inaccurate, illegible, misdirected, garbled, delayed or undelivered Entries; for any computer, network, technical, mechanical, printing, typographical, human or other errors or problems of any kind relating to or in connection with the Sweepstakes, including, without limitation, errors or problems of any kind that may occur in connection with the administration of the Sweepstakes, the transmission of the Entries, the processing of Entries, the announcement, delivery or use of the Prize or in any Sweepstakes-related materials; or for any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with, the Sweepstakes.
PLEASE NOTE THAT A HIGH VOLUME OF ENTRIES, ONLINE OR TECHNICAL DIFFICULTIES WITH THE SYSTEM, MAY RESULT IN TEMPORARY INABILITY TO ENTER THE SWEEPSTAKES OR A DELAY IN THE PROCESSING OF ENTRIES SUCH THAT YOUR ENTRY IS NOT RECEIVED IN TIME TO PARTICIPATE. RELEASED PARTIES ARE NOT RESPONSIBLE OR LIABLE SHOULD ANY ENTRY NOT BE RECEIVED DUE TO SUCH DELAYS.
If for any reason this Sweepstakes is not capable of being run or implemented as planned (as determined by Sponsor in its sole discretion), including, but not limited to, as the result of infection by computer viruses or bugs, tampering, unauthorized intervention, fraud, or any other cause of any kind, which, in Sponsor’s sole judgment, is likely to or actually corrupts or affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend all or any part of the Sweepstakes, or to disqualify any implicated entrant(s) (and their Entries), and the Prizes may not be awarded. In the event of cancellation, termination, modification or suspension, Sponsor reserves the right, at its sole discretion, to pick a Winner in a random drawing from among all eligible, non-suspect Entries received up to the time of the event or action warranting such cancellation, termination, modification or suspension, as applicable. In the event this Sweepstakes is cancelled prior to the stated end date, a notice will be posted at the Website.
Sponsor may prohibit any entrant or potential entrant from participating in the Sweepstakes, if at the sole discretion of Sponsor, such person shows a disregard for these Official Rules or acts (1) with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, the Released Parties or their agents or representatives or (2) in any other disruptive manner. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address used to enter, if applicable, will be deemed to be the entrant. “Authorized account holder” of an email address is defined as the natural person who is assigned to an email address by an Internet Access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
12. Governing Law: The terms of this Sweepstakes 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 Sweepstakes 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.
14. Rules/ Winner’s List: To obtain the Winners names, send a properly stamped self-addressed envelope, to be received by December 1, 2014, to the Wendy’s Dough-Vember Sweepstakes Entry Period #1 Winners List, 226 West 26th Street, New York, New York 10001, U.S.A. Vermont residents may omit return postage.