NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASING A PRODUCT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
WENDY’S BEANBAG CHAIR CONTEST (“CONTEST”) IS OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AS OF DATE OF ENTRY. VOID OUTSIDE THE UNITED STATES OR WHERE PROHIBITED BY LAW. CONTEST IS GOVERNED EXCLUSIVELY BY THE LAWS OF THE UNITED STATES.
BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES CERTAIN RELEASES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES, INCLUDING A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY.
1. ELIGIBILITY:
The Contest is open to all legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older at the time of entry.
Notwithstanding the foregoing, the following individuals and members of their families (parents, grandparents, children, siblings, spouses) and immediate household members (whether related or not) are not eligible for participation: employees, officers, and the directors of Wendy’s National Advertising Program, Inc., Quality Is Our Recipe, LLC and Wendy’s International, LLC (collectively “Wendy’s”), (collectively, Sponsor”), VMLY&R Inc., and each of their parent, subsidiary, and affiliated companies, and Sponsor’s advertising and promotional agencies. All federal, state, and local regulations apply.
2. START/END DATES:
The Contest begins at 3:00 PM United States Central Time (“CT”) on September 7, 2021 and ends at 5:00 PM CT on September 7, 2021 (the “Contest Period”).
3. HOW TO ENTER:
The Contest will be conducted using the game Tetris® 99 for Nintendo Switch (“Game”), and will be streamed via Twitch.
During the Contest Period (defined above), Sponsor will open a Twitch stream (the “Stream”) with a passcode in the title (the “Passcode”). To participate in the Contest, provided that you meet the eligibility requirements set forth in these Official Rules, enter the Passcode in the Game to join the Contest game room (the “Game Room”). The first ninety-eight (98) users to enter the Game using the Passcode will be the Contest participants (the “Players”).
Players will complete by playing a number of successive matches (each, a “Match”) of the Game on a game mode to be determined by Sponsor. The first Match will begin at the beginning of the Contest Period. After each Match ends, there will be a ninety (90) second break, followed by another Match. Matches will continue successively until the end of the Contest Period. The last match of the Contest will be the last Match to start within the Contest Period.
Entrants are only eligible to participate in the Contest if they have the following: (i) a Nintendo Switch; (ii) the game Tetris® 99 for Nintendo Switch; (iii) a Nintendo Switch Online account; and (iv) an internet connection. Players are responsible for providing their own computer hardware and internet connection.
All entry information shall be collectively referred to herein as the “Submissions” or each as a “Submission.”
By entering, each entrant warrants and represents the following with respect to entrant’s Submission: (a) entrant is the sole and exclusive owner of the Submission and entrant has all appropriate rights, powers and authority to grant Sponsor all licenses to the Submission as set forth herein; (b) the Submission will not infringe on any rights of any third parties; (c) to the extent possible under applicable law, no party can invoke any moral rights in relation to the Submissions that have not been duly waived; (e) the Submission and entrant’s participation does not violate any local, state, provincial, national or foreign law; and (d) the Submission does not contain the confidential information of any third party, and to the extent it contains entrant’s confidential information, such information immediately becomes non-confidential the moment entrant submits the Submission to Sponsor.
Providing a Submission constitutes entrant’s agreement that such Submission and any copyrights or trademarks therein, become the sole property of Sponsor and will not be returned. The Submission will be considered a "work made for hire" as such term is used and defined under applicable law. In the event that a Submission is not considered a "work made for hire," each entrant hereby assigns and agrees to assign all right, title and interest in and to their Submission including all copyrights therein, throughout the world, in perpetuity, to Sponsor. Accordingly, Sponsor shall have an irrevocable, perpetual (or for the duration of protection of the rights where perpetuity is void), right to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, with or without identification of the entrant or any authors of the Submission, in whatever form and in whatever circumstances Sponsor sees fit, and to incorporate it into other works, in any form, media or technology now known or later developed (but for Spanish participants, in any medium known at the time when such rights were granted), for any purpose whatsoever, including for promotional or marketing purposes and consent to Sponsor doing (or omitting to do) any acts in respect of the entry which may otherwise constitute an infringement of the entrant’s moral rights, to the fullest extent permitted by law.
Entrants agree that entering the Contest may affect his/her legal rights, including, but not limited to, each entrant’s ability to obtain patent rights, copyright registration, trade secret protection, or other intellectual property or proprietary rights with respect to the information disclosed in the Submission. Entrants agree that Sponsor has not induced any entrant to enter the Contest, and is not responsible or liable to any entrant for any loss of right suffered by any entrant for entering the Contest.
There is a limit of one (1) prize per person/household during the Contest Period. All terms and conditions of Sponsor, Twitch, Nintendo, and/or any Contest-related website apply. Multiple entrants are not permitted to share the same Nintendo account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Nintendo accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant 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 Nintendo account, the authorized account holder of the email address used to register on the platform or for the account will be deemed to be the entrant. The “authorized account holder” is the natural person assigned 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 address. Each potential winner may be required to show proof of being the authorized account holder.
Receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Sponsor. By entering the Contest, entrants fully and unconditionally agree to be bound by these rules, and any and all terms and conditions, rules and agreements used in connection therewith, and the decisions of the judges, which will be final and binding in all matters relating to the Contest. Entrants must comply with the applicable laws, decrees, regulations and guidelines of their Eligible Jurisdiction, and Sponsor will have no obligation to change or modify any of these Official Rules or take any further action as a result of such laws, decrees, regulations or guidelines of any Eligible Jurisdiction, except as is otherwise provided in these Official Rules.
4. JUDGING CRITERIA:
On or about the time of conclusion of each Match, the winner of each Match will receive one (1) point. Points will be tabulated on the official Contest leaderboard (the “Leaderboard”), which will be displayed in the Stream. The Player with the highest score among all Players after two hours of playing the Game, as tabulated on the leaderboard, will be deemed the potential winner.
In the event of a tie, a “sudden death” Match will be conducted. Sponsor will create a new game room, and will provide all Players who are tied for first place with a password enabling them to access said game room. The tied players will compete in one (1) Match. The Player who places highest in the “sudden death” Match will be the potential winner of the Contest.
In the event that an AI / CPU player is the winner of any Match, the highest placing human player will be the winner of the Match.
5. PRIZES:
One (1) winner will receive a Wendy’s bean bag chair (the “Prize”). Approximate retail value: $500. Winner will not receive difference between actual and approximate retail value.
All Contest prize details are at Sponsor’s sole discretion. Prizes are not transferable or redeemable for cash. No substitutions of prizes by winners allowed, but Sponsor reserves the right to substitute a prize of equal or greater value at its sole discretion. The winner is strictly prohibited from auctioning, trading or otherwise transferring the Prize unless Sponsor consents in writing. No more than the stated number of Prize(s) will be awarded. The Released Parties are not responsible for and winner will not receive the difference, in any, between the actual value of the Prize at the time of award and the stated ARV in these Official Rules or in any Contest-related correspondence or material.
All expenses and travel costs incurred as a result of seeking, winning, and/or making use of a prize are the sole responsibility of winner. Any expense or cost not expressly stated in the description of the prizes set forth above is the sole responsibility of winner.
All federal, state, and local taxes, fees, and surcharges on any prize are the sole responsibility of winner of the prize.
6. WINNER NOTIFICATION, AND VERIFICATION:
The potential winner will be required to send to Sponsor via direct message on Sponsor’s Twitter account (@Wendy’s) a screenshot or image of the Game showing the winner’s username on the Game leaderboard within one (1) hour after the Contest has concluded. Twitter accounts are free. You must be an active holder of a Twitter account to be eligible to be a winner of this Contest. Twitter’s Terms of Service apply and can be found at http://twitter.com/tos. If you tweet using a Mobile Device on your mobile service provider’s network (as opposed to a Wi-Fi network), your carrier’s standard text and data rates apply. You should consult your wireless service provider’s pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier.
Sponsor reserves the right to request additional proof or support demonstrating that the potential winner is legitimate. Sponsor’s determination as to whether any potential winner is the legitimate winner is final.
If any potential winner does not send an image to Sponsor within one (1) hour after the Contest Period has ended, such prize will be forfeited and the next highest scoring Contest entrant will be chosen and announced on Sponsor’s Twitch feed. Any winner so mentioned will be required to comply with the process outlined in the foregoing paragraph. Upon forfeiture of any prize, no compensation will be given.
Potential winner will be required to provide an address for the receipt of the Prize and sign and return, where legal, a Declaration of Eligibility / Release of Liability within forty-eight (48) hours of first contact with Sponsor.
No potential winner will be an official winner until his/her Declaration of Eligibility / Release of Liability has been returned and eligibility has been formally verified by Sponsor. If any potential winner fails to comply with these Official Rules and/or to submit the required documentation within the designated time period, he/she will be automatically disqualified and the prize may be awarded to an alternate winner.
In the event that Sponsor is unable to contact any potential winner, no prize will be awarded.
7. LICENSE AND RELEASE:
Participation in the Contest and acceptance of prize constitute winner’s and guest’s permission for Sponsor or its agents to photograph, film, and record each winner and guest and to use his/her name, address (city and state), likeness, photograph, voice, biographical information, and/or any statements made by each winner and guest regarding the Contest or Sponsor for purposes of trade, publicity, or promotion without notice or additional compensation, except where prohibited by law. By participating and/or accepting a prize, entrants, winner(s), and guest(s) acknowledge and agree to release and hold harmless Sponsor, Sponsor’s advertising and promotional agencies, Twitter, and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers, and directors (“Released Parties”) from any and all liability for loss, harm, damage, injury, cost, or expense whatsoever, including, without limitation, property damage, personal injury, and/or death that may occur in connection with, preparation for, travel to, or participation in the Contest, or participation in, possession, acceptance, and/or use or misuse of any prize or participation in any Contest-related activity, including, but not limited to, any claims based on publicity rights, defamation or invasion of privacy, and merchandise delivery. Sponsor shall not be responsible for any cancellations, delays, diversions, substitutions, or omissions whatsoever by any other persons providing any services to winner, including any results thereof, such as changes in services or location necessitated by same. Sponsor is not responsible if any part of a Contest prize cannot be awarded due to acts of God, acts of war, natural disasters, weather, or acts of terrorism. Sponsor shall not be liable for any loss or damage to personal belongings. Entrants who do not comply with these Official Rules or who attempt to interfere with this Contest in any way shall be disqualified. There is no purchase required to participate in the Contest or to win any prize in the Contest. A purchase does not increase odds of winning.
8. ADDITIONAL TERMS:
Sponsor reserves the right to alter, suspend, or terminate the Contest at any time and with or without notice if, in Sponsor’s sole discretion, the integrity of the Contest becomes or is likely to become compromised in any way. In the event the Contest is terminated prematurely, all eligible entries received prior to the Contest termination or suspension date will be included in the next prize drawing. No automated devices, bots, and/or other programs and/or software are permitted. All entries become the sole and exclusive property of Sponsor and will not be acknowledged or returned. No mass or mechanically reproduced, photocopied, altered, or forged entries will be allowed. Delivery of a prize will require a street address located within the fifty (50) United States or the District of Columbia (except those states where the Contest is prohibited). Sponsor is not responsible for lost, late, illegible, stolen, torn, altered, incomplete, invalid, unintelligible, misdirected, technically corrupted, garbled, or postage-due entries, which will be disqualified, or for problems of any kind, whether mechanical, human, or electronic. Only fully completed entries are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.
In case of a dispute as to the identity of any Internet entrant, an entry made by Internet will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The “authorized account holder” is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider, or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.
If for any reason the Contest is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, automated entries, requests, fraud, technical failure, human error, or any other cause beyond the control of Sponsor that corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Contest, Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process and to cancel, terminate, modify, or suspend the Contest. Sponsor assumes no responsibility for any error, omission, interruption, telephone or other communications malfunctions, deletion, defect, delay in operation or transmission, communications line failure, or theft or destruction of, unauthorized access to, or alteration of entries. Sponsor is not responsible for any problems or technical malfunctions of any telephone networks or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems or traffic congestion on the Internet or at any website, any combination thereof, or otherwise, including any injury or damage to entrant’s or any other person’s computer related to, or resulting from, participation or downloading of any materials in the Contest.
Sponsor and its agents are not responsible for printing, distribution, or production errors and may, in their sole discretion, rescind, cancel, suspend, modify, or revoke this Contest based upon any such error without liability. If by reason of a printing, computer, or other error more prizes are awarded in a prize category than the number set forth in these Official Rules, all persons purportedly making valid claims will be included in a random drawing to award the advertised number of prizes available. In no case will more than the advertised number of prizes be awarded. Antifraud detection devices may be used for verification purposes. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.
In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Contest or Prize, as applicable.
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Headings are solely for convenience and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.
Caution: Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws, 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.
IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT’S ACCESS TO, AND USE OF, THE WEBSITES AND/OR THIS CONTEST, OR ENTRANT’S DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE CONTEST.
9. DISPUTES AND GOVERNING LAW:
The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of, or relating to, these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Dublin, Ohio.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF Ohio WITHOUT REGARD TO ITS CONFLICTS OF LAWS AND RULES. For any matters that are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to Dublin, OH. The parties agree not to raise the defense of forum non conveniens.
10. USE OF DATA:
Sponsor will be collecting personal data about entrants online, in accordance with its Privacy Policy. Please review Sponsor’s Privacy Policy at https://www.wendys.com/privacy-policy. By participating in the Contest, entrant hereby agrees to Sponsor’s collection and usage of his/her personal information and acknowledges that he/she has read and accepted Sponsor’s Privacy Policy.
11. LIST OF WINNERS:
To obtain a list of winners, send a self-addressed, stamped envelope, with sufficient postage, to Attn: Social Media, Wendy’s International, LLC, One Dave Thomas Blvd., Dublin, OH 43017. All requests for a list of winners must be postmarked by September 21, 2021and received by October 5, 2021.
12. SPONSOR: Wendy’s International, LLC, One Dave Thomas Blvd., Dublin, OH 43017.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, NINTENDO OR TWITCH. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO TWITCH.
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH TWITTER. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO TWITTER.