NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
ENTRY VIA TWITTER ONLY AND TWITTER ACCOUNT AND INTERNET CONNECTION REQUIRED. TWITTER ACCOUNT MUST BE ON PUBLIC SETTING TO BE ELIGIBLE TO PARTICIPATE. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH TWITTER, INC. (“TWITTER”).
A MOBILE DEVICE/SMARTPHONE IS NOT REQUIRED TO PARTICIPATE IN THIS SWEEPSTAKES, BUT IF A MOBILE DEVICE/SMARTPHONE IS UTILIZED TO PARTICIPATE IN THIS SWEEPSTAKES, CARRIER’S STANDARD DATA RATES APPLY.
Promotion Description: By participating in the 9/12/2014 Wendy’s® It’s a “Gouda Life” Giveaway (the “Sweepstakes”) taking place in connection with the Twitter address @SITSGirls (“Site”), each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Wendy’s International, LLC (“Sponsor”), located at One Dave Thomas Boulevard, Dublin, OH 43017; The Sway Group, LLC, located at 1744 W. School Street, Chicago IL 60657 (“Sweepstakes Administrator”); or Cohen-Friedberg Associates, LLC located in Framingham, MA 01702 www.cfapromo.com (“Rules Administrator”) which shall be final and binding in all respects. The Sweepstakes Administrator is responsible for the collection, submission or processing of entries and the overall Sweepstakes administration. Entrants should look solely to Sweepstakes Administrator with any questions, comments or problems related to the Sweepstakes.
Eligibility: Open to legal residents of the U.S. who are physically located in the contiguous United States or the District of Columbia (this excludes residents of Puerto Rico, U.S. Virgin Islands, Guam and any other U.S. territories) and who are 18 years of age or older at the time entry. Proof of residency and age may be required. Sweepstakes Administrator, Rules Administrator, Sponsor, along with its clients and its and their advertising and promotion agencies, as well as each of their parent companies, and franchisees, affiliates, and all of their respective sales representatives, members, officers, directors, employees and contractors (including participating bloggers) (collectively, the “Promotion Entities”), and members of all of their immediate families (defined as parent, sibling, spouse or child; whether biological, adopted, step or in-law) and/or persons living in the same household as such persons, are ineligible to enter the Sweepstakes or win a prize. All federal, state, and/or local laws, rules and regulations apply.
Entry: No purchase necessary to enter or win. A purchase will not improve your chance of winning. There will be Twitter party on the Twitter Site (the “Twitter Chat”) that begins at 11:00 AM Easter Daylight Time (“EDT”) on Friday, September 12, 2014, and ends at 12:00 PM EDT on Friday, September 12, 2014 (“Entry Period”). Sweepstakes Administrator’s clock shall be the official timekeeper for the Sweepstakes. To participate and enter this Sweepstakes, eligible entrants will need their own Twitter account (“Account”). If you don’t already have an Account, visit www.twitter.com (the “Twitter Site”) to create an Account. Anyone found to use another party’s Account or multiple Accounts to enter will be disqualified. By submitting your information and creating an Account, you will be required to agree to the Twitter terms of service and privacy notice. If you do not agree on Twitter’s terms of service and privacy notice you cannot create an Account or participate in this Sweepstakes.
Once you have an Account, during the Entry Period you must: (i) be present during the Twitter Chat, (ii) participate in the Twitter Chat by posting an original post or “Tweet” (retweets don’t count as eligible entries) during the Twitter chat that is an “Appropriate Response” (defined below) to a Twitter Chat question posted by the Sweepstakes Administrator, (iii) use the hashtag, #TheGoudaLife in your “Tweet”. Successful completion of these steps by an eligible entrant shall result in an “Entry.”
Twenty-three (23) winners will be selected at random from those eligible entrants that submit an eligible Entry during the Entry Period. In addition, eligible entrants may follow @SITSGirls on Twitter so that Administrator can direct message you in the event that you are selected as the potential winner but this is not required (and you may unfollow @SITSGirls once the promotion and prize notification period has ended). There is no cost to view the post or to leave a comment. Your Tweet using hashtag #TheGoudaLife will count as one (1) Entry. Limit one (1) Entry per valid Twitter account during the Entry Period, multiple entries in a single day will not be accepted.
* An “Appropriate Response” is one that is on topic to the question asked and that meets the following criteria (as determined by Administrator in its sole discretion):
(1) Must be written in English
(2) Must be no more than 140 characters (an Appropriate Response must be contained within one “Tweet”).
(3) May not contain links or images.
(4) May not infringe on the intellectual property or other rights of a third party.
(5) Must not contain any commercial, political, religious or third party advertising or messaging.
(6) Must be suitable for general audiences and must not contain any of the following content: (i) defamatory words or statements, including words or symbols that are considered offensive to individuals of a certain race, ethnicity, gender, religion, sexual orientation or socioeconomic group; (ii) any lewd or sexually explicit suggestive content; (iii) any content that promotes use of alcohol, tobacco, firearms/weapons, or any violent, unsafe or dangerous behavior, activities or situations; (iv) threats to any person, place, business or group; (v) profanity or obscenity; (vi) any thing that would disparage or offend persons or organizations associated with Sponsor; (vii) anything which incites, encourages or depicts dangerous conduct, stunts or tricks, or behavior or acts that are unsafe, wrongful or immoral; (viii) inappropriate (for the context) bathroom talk; or (ix) anything that violates federal, state or local laws and regulation.
In the event of a dispute as to the identity of the winner, such winner will be deemed to be the person whose name appears on the Twitter account associated with the above-described Twitter address at the time of Entry.
For purposes of this Sweepstakes, only Entries that are recorded through Twitter’s servers will be considered. Note: Sweepstakes Administrator may not receive Entries from Twitter users with “protected” updates (i.e. user has set the Account so that only people the user has approved can view updates) due to the way Twitter operates its services.
The Promotion Entities are not responsible for any changes or unavailability of the Twitter service that may interfere with the Sweepstakes or ability of entrant to timely enter, receive notices or communicate with Sweepstakes Administrator or Sponsor via Twitter, in which case the Sweepstakes Administrator or Sponsor, in their sole discretion may terminate or modify the Sweepstakes. It is potential winner’s responsibility to set his/her Account to accept contacts by the Sweepstakes Administrator and to timely check his/her Account for any Sweepstakes Administrator direct messages.
Entries/”Tweets” that are lost, late, misdirected, illegible, incomplete, unreadable, damaged, destroyed, delayed, tampered with, incomprehensible, forged, mutilated, stolen, misdirected, inaccurate, unintelligible or otherwise not in compliance with these Official Rules will be disqualified. All Entries generated by a script, macro or other automated/repetitive electronic means will be disqualified and ineligible for the Sweepstakes.
Winner Selection: On or about Friday, September 12, 2014, twenty-three (23) potential winners will be selected in a random drawing by the Sweepstakes Administrator from among all eligible Entries received throughout the Entry Period. The random drawing will be conducted by the Sweepstakes Administrator or its designated representatives, whose decisions are final and legally binding. Odds of winning will vary depending on the number of eligible Entries received. Site will encourage entrants to include “@reply” for ease of tracking Entries. Winner will be notified by direct message through Twitter, or via email at the email address associated with the Twitter account of the Entry if available, within 48 hours of the random drawing (the “Winner Notification”). Potential winner must follow directions specified by the Sweepstakes Administrator in the Winner Notification within 48 hours of the date/time the Winner Notification is sent in order to verify eligibility and provide address to which Prize will be sent if eligibility is verified. If potential winner fails to respond to the Winner Notification as directed within time frame specified, or if a Winner Notification is returned as undeliverable, such potential winner may be disqualified and prize forfeited. Sweepstakes Administrator and Sponsor shall have no liability for any Winner Notification that is lost, intercepted or not received by a potential winner for any reason. In the Sweepstakes Administrator’s sole discretion, a selected winner may be disqualified and required to forfeit his/her prize(s) and an alternate winner may be selected in accordance with these Official Rules from among the remaining eligible Entries if the selected winner: (i) is unreachable as described above or if Winner Notification or Prize is returned as undeliverable; (ii) declines or cannot accept, receive or use the prize for any reason; or (iii) fails to comply with these Official Rules. Unclaimed prizes may not be awarded. No substitution or transfer of a prize is permitted except by the Sweepstakes Administrator or the Sponsor.
Twenty-three (23) winners will receive PRIZES at varying approximately retail values, each consisting of:
- One (1) Wendy’s® gift card at the approximately retail value (“ARV”) of $250.
- One (1) Wendy’s gift card at the ARV of $150.
- One (1) Wendy’s gift card at the ARV of $100
- Twenty (20) Wendy’s gift cards at the ARV of $25 each
Total ARV of all prizes not to exceed $1,000. Terms and conditions of the Wendy’s gift cards apply.
Prize Details: Only one (1) Prize per person and per household will be awarded. Prizes cannot be transferred, redeemed for cash or substituted by winner. Administrator and Sponsor reserve the right in its sole and absolute discretion to award a substitute Prize or portion of Prize for one of equal or greater value if a Prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The ARV of each Prize represents Sponsor’s good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the Prize turns out to be less than the stated ARV, the difference will not be awarded in cash. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any Prize awarded. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen prize items. Prize will only be awarded and/or delivered to addresses within the contiguous US. Prizes will be shipped within approximately 6-8 weeks following verification of winners. All federal, state and/or local taxes, fees, and surcharges are the sole responsibility of the Prizewinner. Failure to comply with the Official Rules may result in forfeiture of the Prize, as determined in Administrator and Sponsor’s discretion.
General Conditions and Limitation of Liability: By participating in the Sweepstakes, each entrant agrees to be bound by these Official Rules and the decisions of the Sweepstakes Administrator or Rules Administrator, which are final and legally binding in all respects and cannot be appealed. By entering and/or accepting a Prize, each entrant/winner agrees to the Sweepstakes Administrator’s and other Promotion Entities’ use of his/her name, likeness and/or “Tweet”/Entry for advertising, promotional and/or publicity purposes without any limitation and without further notice or compensation. By entering, each entrant agrees to release, discharge, indemnify and hold harmless the Promotion Entities, and each of their respective parent companies, affiliates, franchisees, divisions, subsidiaries and advertising/promotion agencies involved in this Sweepstakes, and each of their respective employees, officers, shareholders, directors, representatives and agents from and against any claim, damages, and/or liabilities involving or arising out of: (i) late, lost, stolen, delayed, misdirected, mutilated, incomplete, unreadable, inaccurate, garbled or unintelligible submissions or notices; (ii) email, telephone system, facsimile, technical or computer malfunctions, lost connections or transmissions, disconnections or other errors of any kind whether mechanical, human, electronic or otherwise relating to or in connection with the Sweepstakes, including but not limited to, errors which may occur in connection with the administration of the Sweepstakes, technical problems with the Site or any other associated website, including but not limited to any error, omission, interruption, deletion, defect, delay of operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries; (iii) data corruption, theft, destruction, unauthorized access to or alteration of Entry or other materials; (iv) any injuries, losses, costs, expenses or damages to person or property of any kind caused, in whole or in part, directly or indirectly, by the prize or resulting from redemption, acceptance, possession, loss or misuse of any prize from participating in the Sweepstakes or any Sweepstakes related activity (including, without limitation, any travel or activities related hereto); (v) inability to participate in the Sweepstakes; or (vi) any printing, typographical, human, administrative or technological errors in any material associated with the Sweepstakes.
In the event more winner notifications are issued, or more winning prize claims are received, than the number of prizes set forth in these Official Rules due to computer, printing, human or other error or problem, a random drawing will take place from among all eligible prize claims for the prize(s) at issue to award the proper number of prizes as set forth in these Official Rules. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. No more than the number of prizes stated in these Official Rules will be awarded.
By entering the Sweepstakes, each entrant agrees that (i) any and all claim, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event will attorneys’ fees be awarded or recoverable; and (ii) under no circumstances will any entrant be permitted to obtain any award for (and each entrant hereby knowingly and expressly waives all rights to seek) punitive, incidental or consequential damages and/or any other damages, other than actual out of pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased.
Neither Administrator, Sponsor nor the other Promotional Entities are responsible for:
(i) lost, late, misdirected, illegible, incomplete, unreadable, damaged, destroyed, delayed, forged, tampered with, mutilated or stolen entries, or any other unsuccessful attempts at participating;
(ii) any error, omission, interruption, deletion, defect, delay of operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries;
(iii) any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error, which may occur in the processing of submissions in the Sweepstakes;
(iv) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Sweepstakes; or
(v) other errors of any kind whether mechanical, human, electronic or otherwise, or
(vi) any force majeure, including any action, regulation, equipment failure, terrorist acts, earthquake, war, fire, flood, unusually severe weather and similar.
If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Administrator or Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Administrator and/or Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. Administrator may, in its sole discretion, prohibit an entrant from participating in the Sweepstakes or winning a prize if Administrator determines entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception or other unfair practices or intending to annoy, abuse, threaten or harass any other entrant or any Sponsor representatives. In the event of cancelation, termination, modification or suspension of the Sweepstakes, Sponsor may, in its sole discretion, perform the random drawing from among all eligible Entries received prior to or after such cancellation, suspension, or modification.
The interpretation of these Official Rules shall be governed by the Laws of the state of Ohio without regard to choice of law principles.
Winners’ List: For the names of the winners, send a self-addressed, stamped envelope to:
3500 Lenox Rd NE, Suite 1250
Atlanta, GA 30326