OFFICIAL RULES NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. 1. Eligibility: Bacon Hunt (the "Promotion") is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least thirteen (13) years old, except for residents of Maine who must be at least eighteen (18) years old, at the time of entry, who did not purchase any equipment for purposes of entering the Promotion, and who are members of Twitter. Twitter membership is free. Employees of Wendy's International, Inc. and its franchisees, The Kaplan Thaler Group, Ltd., Twitter, Inc., ePrize, LLC, and any of their respective related companies, parents, subsidiaries, affiliates, and agents and any agencies or other companies involved in the development or execution of the Promotion or production or distribution of Promotion materials, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Promotion is subject to all applicable federal, state, and local laws and regulations. Void where prohibited. The Promotion consists of a contest (the "Contest") and a sweepstakes (the "Sweepstakes").
2. Sponsor: Wendy's International, Inc., One Dave Thomas Blvd., Dublin, OH 43017. 3. Agreement to Official Rules: By participating in the Promotion, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of Sponsor and/or Administrator, which are final and binding in all matters related to the Promotion. Whether an entrant receives a prize is contingent upon fulfilling all requirements set forth herein. 4. Timing: The Promotion begins on November 9, 2009 at 12:00 a.m. Eastern Time ("ET") and ends on November 20, 2009 at 11:59 p.m. ET (the "Promotion Period"). The Contest consists of twelve (12) daily entry periods (each an "Entry Period") which begin each day of the Promotion Period at 12:00 a.m. ET and end that day at 11:59 p.m. ET and a grand prize entry period (the "Grand Prize Entry Period") which corresponds with the Promotion Period. Twitter, Inc.'s computer is the official time-keeping device for the Promotion. 5. How to Enter: Guidelines:
Entrants agree that each of the above Content Restrictions shall be subject to Sponsor's sole discretion. For all Photos or Videos: Uploading a Photo or Video constitutes entrant's consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If necessary, entrant (or, if entrant is a minor in his/her home state, entrant's parent or legal guardian) will sign any necessary documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Photo or Video. Sponsor is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected Photos, Videos, or Tweets which are disqualified. b) The Sweepstakes: During the Promotion Period, follow the links and instructions as set forth in Section 5(a) above to respond to a Task and earn Points. Each day you earn at least ten (10) Points, you will receive one (1) Sweepstakes entry into the drawing for the applicable Entry Period. Limit: Each entrant may receive no more than one (1) Sweepstakes entry into the drawing for each Entry Period. For All Tasks: Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Tasks/Points, which will be disqualified. If you post updates to or receive updates from twitter.com via SMS from your wireless phone, your wireless-service provider may charge you for each text message you send and receive. Please consult your wireless-service provider regarding its pricing plans. You must be an active holder of a non-private Twitter account and be a follower of @URBaconMeCrazy throughout the Promotion Period and for a reasonable time thereafter (for potential notification purposes) to participate in this Promotion. All terms and conditions of Twitter.com also apply. Multiple entrants are not permitted to share the same Twitter account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Twitter 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 Twitter account, the authorized account holder of the email address used to register at Twitter.com or the Twitter account used to enter 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 Twitter accounts or email addresses for the domain associated with the submitted account/address. Each potential winner may be required to show proof of being an authorized account holder.
6. Winner Determination: Winners will be determined via the processes set forth below. a) Contest: The eligible entrant with the highest Point total at the end of each Entry Period will be deemed the potential Daily Points winner for that Entry Period. The eligible entrant with the highest overall Point total at the end of the Grand Prize Entry Period will be deemed the potential Grand Prize winner. In the event of a tie for a Daily Points prize, the winner will be determined by comparing the number of Tasks completed to attain the tied Points. The eligible entrant who accumulated the final Point leading to the tie by completing the fewest Tasks will be deemed the winner of the tie. If a tie still remains, the winner will be determined by comparing the times of day that the entrants earned Points. The eligible entrant who accumulated the final Point leading to the tie earliest in the day will be deemed the winner of the tie. If a tie still remains or if the tie is for the Grand Prize, Sponsor will provide a Twitter Challenge on November 23, 2009 to break the tie(s). Further details will be provided to the tied entrants at that time. Sponsor, in its sole discretion, will determine the winner of the Twitter Challenge. b) Sweepstakes: Sponsor's decisions as to the administration and operation of the Sweepstakes and selection of potential Sweepstakes winners are final and binding in all matters related to the Sweepstakes. Administrator will randomly select one (1) potential Sweepstakes winner from all eligible entries received during each Entry Period, within three (3) days after the end of the Entry Period. Sponsor will notify each potential winner via his or her Twitter account at that time. Non-winning entries will not carry over into subsequent Entry Period drawings. 7. Winner Requirements: All potential winners must comply with all terms and conditions of these Official Rules. Winning is contingent upon fulfilling all requirements. Each potential winner will be contacted by The Kaplan Thaler Group, Ltd., via his/her Twitter account. In order to receive any direct messages from The Kaplan Thaler Group, Ltd. or Sponsor, an entrant's account settings must be set to "unprotected" and/or "public." Each potential winner will be required to respond to the message within five (5) days of the date the message was sent, with the required full contact information, including a valid mailing address (P.O. Boxes are not permitted), email address, and confirmation of age eligibility, as requested by Sponsor. In addition, the potential Grand Prize winner (parent/legal guardian if winner is a minor in his/her state of residence) will be required, where legal, to execute and return to Administrator, within five (5) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release ("Affidavit") in order to claim his/her prize. If a potential winner cannot be contacted, fails to respond to the direct message with the required information within the required time period, fails to execute and return the Affidavit within the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits the prize. In the event that a potential Contest Prize winner is disqualified for any reason, the eligible entrant with the next highest Point total for the applicable Entry Period (or overall, for Grand Prize), will be deemed the alternate winner. If after three (3) such attempts, a Contest winner is not confirmed, the applicable prize will remain un-awarded. In the event that a potential Sweepstakes Prize winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all eligible entries received during the applicable Entry Period. Only three (3) alternate drawings will be held, after which the Sweepstakes Prize will remain un-awarded. Acceptance of any prize shall constitute and signify winner's agreement and consent that Sponsor may use the winner's name, city, state, likeness, Content and/or prize information in connection with the Promotion, worldwide, including the Internet, without limitation and without further payment or consideration, except where prohibited by law. Without limiting the generality of these Official Rules, winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to any Content and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Content for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Winner accepts and acknowledges that Sponsor shall not be obligated to use the Content and that Sponsor in its sole discretion shall have the right to refrain from using the Content. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Winner will indemnify Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. Prizes will be fulfilled approximately 8–10 weeks after end of the Promotion.
8. Prizes: For all prizes: Terms and conditions of gift cards apply. Prizes are non-transferable and no substitution will be made unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a prize for one of equal or greater value should it become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. 9. Release: By receipt of any prize, the applicable winner agrees to release and hold harmless Sponsor and its franchisees, The Kaplan Thaler Group, Ltd., Twitter, Inc., Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize. 10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion 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 Promotion may be a violation of criminal and civil law, 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. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion or receipt or use or misuse of any prize. Sponsor is not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsor and Administrator are not responsible for any typographical/other error in entries, selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Promotion. If for any reason an entrant's Sweepstakes entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Sweepstakes, provided that, if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the Sweepstakes prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims. 12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan. 13. Entrant's Personal Information: Information collected from entrant is subject to Sponsor's Privacy Policy http://www.wendys.com/privacy.jsp. By entering the Promotion, you agree to the terms of the Privacy Policy set forth herein. 14. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than March 22, 2010. For the Winner List, send an email with subject line: "Bacon Hunt, Winner List Request," to WinListRequests@eprizefulfillment.com.
© 2009 ePrize, LLC. All rights reserved.
|
![]() |
|||||
|