55581WENDYS19648
1. OVERVIEW: The Wendy’s Cyber Search Challenge (“Challenge”) is a competition with a series of 130 separate scavenger hunts (“Hunts”), to be conducted over a period of 5 days, per the chart in Rule 6 below. Each Hunt and each day is separate. Participation in one Hunt is not participation in any other Hunt. These Official Rules apply to each separate Hunt. Details on the available Hunts for each day, including the one (1) prize available in each Hunt, will be posted on Wendy’s Twitter feed (@Wendys) at various times on the applicable day during the Challenge Period, all as explained in more detail below in these Official Rules.
2. ELIGIBILITY: The Challenge is open only to legal residents of the United States who are 18 years of age or older. Employees, officers, and directors of Wendy’s International, LLC (“Sponsor”) or any of its parents, subsidiaries, affiliates, and franchisees, advertising, promotion, or production agencies, or anyone else involved in the production or handling of the Challenge (and their respective IRS dependents, immediate family members and individuals residing in their same household) are not eligible to participate. Collectively, the foregoing persons and entities are referred to as the “Challenge Entities”. In addition, residents of any U.S. state in which such scavenger hunt competition is not legally permissible absent state registration are not eligible to participate. Void where prohibited by law. All applicable federal, state and local laws apply.
3. CHALLENGE PERIOD: The Challenge begins on 5/4/2020 at 10:00:01 a.m. Eastern Time (“ET”), and ends on 5/8/2020 at 11:59:59 p.m. ET (the “Challenge Period”), or when all the Codes/prizes have been claimed in all the Hunts for the last day of the Challenge. A “day” is defined as the period from 12:00:01 a.m. ET to 11:59:59 p.m. ET on the same calendar day. The clues for each Hunt each day will be posted in the Wendy’s Twitter feed (@Wendy’s) each day during the Challenge Period. The time of such posting(s) may vary each day, with clues for one or more initial Hunts being posted first, followed by clues for subsequent Hunts after earlier Hunts are completed. By following Wendy’s on Twitter you can be sure to receive notification when all postings occurs each day, or you can just check the Wendy’s Twitter feed from time to time to look for the postings if you prefer. Use of Twitter is free, and you can cancel any “following” at any time. Any Hunt(s) not successfully completed during the scheduled day will roll over and be included in the following day’s schedule, including extension of the Challenge Period beyond its scheduled end date/time if necessary. The Sponsor’s database computer is the official timekeeping device for any Hunt.
4. HOW TO PARTICIPATE: At various times each day during the Challenge Period, Sponsor will post on its Twitter feed (@Wendy’s) a list of the Hunts/prizes available for that day, with clues for one or more initial Hunts being posted first, followed by clues for subsequent Hunts after earlier Hunts are completed. Sponsor also will post on its Twitter feed, at various times, the clues for the Hunts offered that day. By following Wendy’s on Twitter you can be sure to receive notification of each Contest-related posting each day, or you can just check the Wendy’s Twitter feed from time to time to look for the posting if you prefer. Use of Twitter is free, and you can cancel any “following” at any time. The clues for each Hunt will list the prize for that Hunt and will help contestants try to find the one (1) secret 16-digit code (“Code”) available to be found online in that Hunt. Twitter accounts and “following” are free. Twitter is not a sponsor of or associated in any way with Sponsor or this Challenge. The Hunts are all virtual, meaning that you don’t need to leave your home to look for physical objects. Instead, all clues are designed to help you locate Codes that are hidden online or to find a phone number that must be called to locate the Code. The first eligible contestant to locate the Code for the current Hunt and send the Code to Sponsor via direct message in Twitter will win the prize for that Hunt. Any attempt to participate using multiple names, email addresses, Twitter accounts, or any other means, may result in disqualification from this and any other promotional offerings from Sponsor.
5. WINNER SELECTION/VERIFICATION: The first eligible contestant who locates the correct Code for the current Hunt and sends the Code to Sponsor via direct message in Twitter will be the winner of the one (1) prize available for that Hunt. Winner determination is based on the time Sponsor receives the first direct message with the correct Code. Proof of sending is not proof of receipt. The time stamp and order of receipt in Sponsor’s Twitter account governs. If the Code is correct for the current Hunt, Sponsor will reply to the contestant via direct message with further redemption instructions.
No liability is assumed for any communication that is lost, intercepted or not received by Sponsor or a potential winner for any reason. Failure by any potential winner to respond to any notification from Sponsor within twenty-four (24) hours may result in disqualification and selection of an alternate winner. Each potential prize winner may be required to execute an Affidavit of Eligibility, a Liability Release, and a Publicity Release (where legal) (“Prize Documents”). If a potential winner fails to comply with Sponsor’s requests for Prize Documents, is found to be ineligible, or cannot or does not comply with these Official Rules, he/she may be disqualified and prize may be awarded to an alternate winner. If any eligible potential winner is deemed a minor under the laws of his/her state of residence, a parent or legal guardian may be required to sign any Prize Documents. Judges' decisions are final and binding on all matters relating to the Challenge. All potential prize winners are subject to verification.
6. DAILY PRIZES/ODDS/HUNTS: The number of Hunts and prizes available for each day of the Challenge Period are listed in the chart below. The total number of prizes available is 130 (one for each Hunt). The total value of all prizes each day is $1,000. All prizes are in the form of Wendy’s gift cards, redeemable at any participating Wendy’s restaurant location, for the face value of the gift card. The exact order of the Hunts/prizes for each day of the Challenge Period will be posted in Sponsor’s Twitter feed (@ Wendy’s) at varying times that day. The clues for each Hunt also will list the value of the gift card prize available in that Hunt.
Day 1, 5/4/2020:
- Number of Hunts/Prizes - 100
- Gift Card Prize Values (totals $1,000 each day) - 100 @ $10
Day 2, 5/5/2020:
- Number of Hunts/Prizes - 16
- Gift Card Prize Values (totals $1,000 each day) - 4 @ $25, 4 @ $50, 4 @ $75, 4 @ $100
Day 3, 5/6/2020:
- Number of Hunts/Prizes - 9
- Gift Card Prize Values (totals $1,000 each day) - 1 @ $20, 2 @ $40, 2 @ $75, 1 @ $100, 1 @ $150, 1 @ $200, 1 @ 300
Day 4, 5/7/2020:
- Number of Hunts/Prizes - 4
- Gift Card Prize Values (totals $1,000 each day) - 4 @ $250
Day 5, 5/8/2020:
- Number of Hunts/Prizes - 1
- Gift Card Prize Values (totals $1,000 each day) - 1 @ $1,000
Limit one (1) prize per person per prize level per day. Limit of total value of prizes won per person during the entirety of the Challenge shall not exceed $550 except for the Grand Prize; for clarification, except for the Grand Prize winner, no person shall be eligible to win a total value of more than $550 in prizes during the entirety of the Challenge. Each prize will be awarded in the form of Wendy’s gift card(s). Gift cards are subject to Wendy’s standard gift card terms. Each prize is non-transferable and no cash equivalent or substitution is offered, except at the sole discretion of the Sponsor. Sponsor may substitute a prize with one of comparable value if advertised item becomes unavailable. Each prize winner is responsible for all federal, state and/or local taxes and any other fees or costs associated with acceptance or use of any prize not expressly included above.
Odds: While the primary factor in determining the winner in each Hunt is the skill and speed of the contestants in locating the Code for that Hunt based on the clues in Sponsor’s Twitter feed, other factors such as speed and stability of internet connections, as well as seeing clues as soon as they become posted, may affect the outcomes in any Hunt. Accordingly, the odds of winning in any Hunt will depend on the number of eligible contestants in that Hunt, the relative skill of those contestants, the timing of when each contestant sees each clue, and the speed and stability of each contestant’s internet connection and internet-connected device during that Hunt.
7. PUBLICITY/USAGE RIGHTS: Except where prohibited, participation in the Challenge and/or receipt of any prize further constitutes the winner’s consent for use of his/her name, likeness, voice, opinions, statements, biographical information, and/or hometown and state for promotional or advertising purposes in any media, worldwide, now known or hereafter developed, in perpetuity, without further review, notification, payment, or consideration (unless prohibited by law).
8. RELEASE OF LIABILITY: You agree that the Challenge Entities (a) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Challenge or any Challenge-related activity, or from acceptance, receipt, possession and/or use or misuse of any prize, and (b) have not made any warranty, representation or guarantee, express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose.
By entering the Challenge, you further agree that (a) any and all disputes, claims, and causes of action arising out of or in connection with the Challenge, or any prize awarded, shall be resolved individually without resort to any form of class action; (b) any claims, judgments and awards shall be limited to reasonable and actual out-of-pocket costs incurred, including costs associated with entering the Challenge, but in no event attorney's fees; and (c) under no circumstances will you be permitted to obtain any award for, and you hereby waive all rights to claim, punitive, incidental, indirect or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for reasonable and actual out-of-pocket expenses. These rules and any disputes relating hereto are governed by the internal laws of the State of Ohio without regard to principles of conflicts of laws, and by entering, you consent to the exclusive jurisdiction of the state and federal courts in Ohio for resolution of any disputes relating to the Challenge and waive any objection thereto. For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.
9. ADDITIONAL RULES: No responsibility is assumed for any damage to your mobile device or computer system which is occasioned by participating in the Challenge, or for any computer system, mobile device, hardware, software or program malfunctions, or other errors, failures or delays. Without limiting the generality of the foregoing, no responsibility is assumed for incomplete, illegible, misdirected, misprinted, forged, tampered with, altered, late, lost, damaged, or stolen submissions, prize notifications or other Challenge materials, all of which are void; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.
Any individual who is found to be tampering with the operation of the Challenge, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Challenge, or to annoy, abuse, threaten or harass any other person, may be disqualified, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
Sponsor reserves the right to modify, extend, suspend, or terminate the Challenge, in whole or in part, if it determines, in its sole discretion, that the Challenge is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other unintended circumstances have impaired the integrity, administration, security, proper play and/or feasibility of the Challenge as contemplated herein. If the Challenge is terminated before the designated end date, Sponsor will (if possible) select prize winners from all eligible, non-suspect submissions unaffected by the problem.
10. DATA: By entering, you agree to Sponsor’s manner of collection and usage of any personal information you submit, all of which is subject to Sponsor’s privacy located at https://www.wendys.com/privacy-policy.
11. WINNER NAMES: For the names of the prize winners available after the end of the Challenge, send a self-addressed stamped envelope to “Wendy’s Cyber Search Challenge” Prize Winner List; Attn: Social Media, Wendy’s International, LLC, One Dave Thomas Blvd., Dublin, OH 43017. Requests must be received by June 30, 2020.
12. SPONSOR: Wendy’s International, LLC, One Dave Thomas Blvd., Dublin, OH 43017.
13. TWITTER: By participating, you release Twitter, and its parent companies, subsidiaries, affiliates, partners, employees, directors, agents, advertising agencies, from any and against any and all injury, loss or damage caused or claimed to be caused by your participation in the Challenge and/or the acceptance, awarding, receipt, use and/or misuse of the prize. This Challenge is in no way sponsored, endorsed or administered by, or associated with, Twitter.