Wendy's® 50th Birthday Instant Win

OFFICIAL RULES

 

NO PURCHASE, SCAN, OR APP REQUIRED TO ENTER OR WIN.

1. Eligibility: The Wendy's 50th Birthday Instant Win (the "Instant Win Game"), is open only to legal residents of the 50 United States (or the District of Columbia), who are 13 years or older at the time of entry. Employees, non-employee workers, and agents of The Coca-Cola Company ("Sponsor"), Coca-Cola bottlers, Wendy's National Advertising Program, Inc. and Wendy's International, LLC (collectively, "Wendy's"), HelloWorld, Inc. ("Administrator"), and their respective parent companies, subsidiaries, affiliates and their franchisees, as well as those prize providers and agencies that are involved in the development or execution of this Instant Win Game or any of its materials, and the immediate family (spouse, parents, siblings, and children) and household members of each such person are not eligible to enter or to win any prize in this Instant Win Game. The Instant Win Game is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law. By participating in the Instant Win Game, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and Administrator, which are final and binding in all matters related to the Instant Win Game.

 

2. Promotion Period: The Instant Win Game begins at 10:00 a.m. Eastern Time ("ET"), November 7, 2019, ends at 9:59 a.m. ET, January 3, 2020 (the "Promotion Period). Sponsor's computer is the official time-keeping device for this Instant Win Game.

 

3. How to Play: There are 3 ways to play, if you are eligible. If you want to enter via scanning the icon method, 3 a, below, you must have a smart phone with mobile web capabilities (each a "Device"):

a) Through the Wendy's® App then Scanning an Icon: You must have or must download the Wendy's App (the "App") to participate via this method. During the Promotion Period, visit a participating Wendy's restaurant and make a qualifying beverage or food purchase. Look for the sip & scan® icon printed on the side of qualifying beverage cups or food bags, while supplies last. Open App, if you already have it, or download the App which is free, to your phone from Google Play or the App Store and register or log in to your account. Be sure your information is accurate and up to date as it may be used for prize notification and/or fulfillment. Next, locate this Promotion tile, and follow the links and instructions to scan the sip & scan® icon. Once you complete the steps above, you automatically will receive 1 Instant Win Game play and you will be notified if you are a winner of one of the Instant Win Game prizes.

b) Free Methods of Entry (read dates carefully): You must have a Coca-Cola account (each an "Account") before participating via either of these methods. Sponsor will use the email address and other information you provide for eligibility and notification purposes (if you are a winner), so be sure it is accurate and up to date.

i. Mail-In PIN Code Request (available from October 28, 2019 to December 22, 2019): To request a free PIN Code that may be used to play this Instant Win Game, mail a 3"x5" piece of paper with your name, home mailing address, email address (be sure to use the one associated with your Coca-Cola Account), day/evening phone numbers, and date of birth in an envelope with proper postage to "Wendy's® 50th Birthday Instant Win – Free PIN Code Request," P.O. Box 5025, Dept. 842385, Kalamazoo, MI 49003-5025. All requests must be postmarked by December 23, 2019 and received by December 30, 2019. You will receive a PIN Code via email, and you may use it to participate in the Instant Win Game, as described below. Limit: 1 request per envelope and up to 1 request per person per day during the period stated above. All requests must be hand printed and become the exclusive property of the Sponsor. None will be acknowledged or returned. Proof of sending will not be deemed to be proof of receipt by the Sponsor. The Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due requests, which will not be honored. The PIN Code will be emailed to the email address provided in your mail-in Free PIN Code request (for Section 5(b)(i)). If you obtain a Code through this method, each Code may only be used 1 time, subject to the play limit below.

Once you have a PIN Code, and during the Promotion Period, CLICK HERE and follow the links and instructions to log in to your Account. Then, follow the links and instructions to enter or to scan 1 PIN Code where indicated.  Once you have entered or scanned 1 PIN Code, you automatically will receive 1 Instant Win Game play and you will be notified if you are a winner of one of the Instant Win Game prizes.

ii. Online Free Entry (available from December 23, 2019 at 12:00 a.m. ET to January 3, 2020 at 9:59 a.m. ET): During the period stated above, log in to your Account, then, CLICK HERE and follow the links and instructions to receive 1 Instant Win Game play (a "Free Play") without having to make a purchase, enter/scan a Code, or scan a sip & scan® icon. Use your Free Play through your Account within the browser session and before 9:59 a.m. ET on January 3, 2020 to play the Instant Win Game, and you will be notified if you are a winner of one of the Instant Win prizes. If you are a winner, you will receive details about how to claim your prize. Limit: up to 1 Free Play per day during these dates.

Limit: Up to 1 Instant Win Game play per person per day, regardless of method or combination of methods of entry/play. Multiple participants are not permitted to share the same Account or email address. Any attempt by any participant to obtain more than the stated number of plays or PIN Codes by using multiple/different Accounts, email addresses, identities, registrations or logins, or any other methods will void that participant's plays and that participant may be disqualified. Any use of robotic, repetitive, automatic, programmed or similar play methods or agents (including, but not limited to, sweepstakes entry services) will void all plays by that entrant. In the event of a dispute as to any play, the authorized account holder of the email address associated with the Account used to play 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. Potential winners may be required to show proof of being authorized account holders.

 

4. ALL POTENTIAL INSTANT WIN GAME WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE INSTANT WIN GAME. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE INSTANT WIN GAME SHOULD SO INDICATE OR EVEN IF ENTRANT RECEIVES AN EMAIL MESSAGE SAYING HE OR SHE WON, UNLESS AND UNTIL ENTRANT'S ELIGIBILITY, AND THE POTENTIAL INSTANT WIN GAME WINNER HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE INSTANT WIN GAME SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY, IS VOID, AND WILL NOT BE HONORED.

 

5. Promotion Prize Selection and Verification of Potential Winners: Potential winners must comply with all terms and conditions of these Official Rules. Winning is contingent upon fulfilling all requirements. Administrator is an independent judging organization whose decisions as to the administration and operation of the Instant Win Game and the selection of potential winners are final and binding in all matters related to the Instant Win Game. There will be 675,000 random, computer-generated winning times during the Promotion Period, one for each of the Instant Win Game prizes listed below. If you are the first player to play the Instant Win Game at or after one of the randomly-generated times, you will be a potential instant winner of the prize indicated. (See below for gift to anyone who does not win a prize in the Instant Win Game.) In the event that any potential winner cannot be contacted, forfeits the prize, or is disqualified for any reason, the applicable prize will not be awarded. Digital prizes won via the Wendy's App (and gifts) will be fulfilled at the time of the Instant Win and must be redeemed using mobile ordering in the Wendy's App within 30 days after the win or they will be forfeited. Prizes won via one of the free methods of entry (and gifts) will be fulfilled via mail within approximately 10 – 12 weeks after the end of the Promotion Period and must be used before they expire on March 31, 2020.

 

6. Prizes: Digital Prizes (and gifts) won via the Wendy's App must be used via mobile ordering in the Wendy's® app and before 30 days from fulfillment date of the Instant Win Prize (or Gift). See above regarding the expiration date of physical prizes.

45,000 SPICY CHICKEN SANDWICH PRIZES: A coupon for a free Spicy Chicken Sandwich, terms and conditions apply. Approximate Retail Value ("ARV"): $4.93.

45,000 DAVE'S SINGLE® CHEESEBURGER PRIZES: A coupon for a free Dave's Single Cheeseburger, terms and conditions apply. ARV: $4.43.

90,000 DOUBLE STACK CHEESEBURGER PRIZES: A coupon for a free Double Stack Cheeseburger, terms and conditions apply. ARV: $2.35.

135,000 SMALL FRENCH FRIES PRIZES: A coupon for a free small order of French Fries, terms and conditions apply. ARV: $1.82.

180,000 SMALL CHOCOLATE FROSTY® PRIZES: A coupon for a free Small Chocolate Frosty, terms and conditions apply. ARV: $1.32.

180,000 4-PIECE CHICKEN NUGGETS PRIZES: A coupon for a free 4-Piece Chicken Nuggets (spicy or regular), terms and conditions apply. ARV: $1.19.

The odds of winning an Instant Win Game prize depend on the number of prizes available divided by the number of eligible Instant Win Game plays.

Gifts: Every person who plays the Instant Win Game and does not win an Instant Win Prize listed above will receive a gift of a coupon (digital or physical) for a free small soft drink at Wendy's, terms and conditions apply, up to the limit stated below.

Sponsor and Administrator are not responsible for complaints or issues regarding digital codes/certificates (claims that digital code/certificate is invalid, insufficient, etc.) and winner should address any such issues with the issuer of the digital code/certificate.

For All Prizes: Prizes (and gifts) must be fulfilled in the Wendy's® App or as required by the alternate free method of entry. If the potential winner has not already downloaded the Wendy's® App, he/she will need to do so, sign up and establish an account in the App in order to claim a Prize (or gift), unless otherwise specified above in these Official Rules. No substitution, exchange, or transfer of prize by any winner. Sponsor and Wendy's International, LLC reserve the right to substitute any prize for one of equal or greater value. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Limit: 1 prize or gift per person per day. Total ARV of all Instant Win Game prizes: $1,330,200.

 

7. Publicity: Except where prohibited, participation in the Instant Win Game constitutes entrant's consent for Sponsor and its designees to use entrant's name, prize information, likeness, city and state of residence for promotional purposes in any media without further consideration.

 

8. General Conditions: In the event that the operation, security, or administration of the Instant Win Game is impaired in any way for any reason, including, but, not limited to, fraud, technical failures, regularly-scheduled maintenance, virus or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Instant Win Game to address the impairment, then resume the Instant Win Game in a manner that best conforms to the spirit of these Official Rules; or (b) cancel the Instant Win Game and award the prizes in a random drawing from among all eligible entries received up to the time of impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Instant Win Game or to be acting in violation of the Official Rules of this or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Instant Win Game may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

 

9. Release and Limitations of Liability: Except where prohibited, by participating in the Instant Win Game, entrants agree to release and hold harmless The Coca-Cola Company, Coca-Cola bottlers, Wendy's, HelloWorld, Inc., and their respective parents, subsidiaries, affiliates and their franchisees, promotional partners, prize partners, agents and agencies, and the officers, directors and employees of each of them (the "Released Parties") from and against any claim or cause of action arising out of participation in the Instant Win Game or receipt or use of any prize (or gift), including, but not limited to: (a) unauthorized human intervention in the Instant Win Game or the App; (b) technical errors related to computers, servers, providers, printers or telephone or network lines; (c) printing errors; (d) errors in the administration of the Instant Win Game or the processing of registrations and game plays; (e) late, lost, or undeliverable mail; or (f) 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 Instant Win Game or receipt, use or misuse of any prize (or gift). Entrant further agrees that in any cause of action, the Released Parties' liability will be limited to the cost of entering and participating in the Instant Win Game and in no event shall the Released Parties be liable for attorney's fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. If for any reason an entrant's play is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another Instant Win Game play, if it is possible. If the Instant Win Game has been discontinued 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 prize 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 herein 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.

 

10. Dispute Resolution: You agree that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising out of the Instant Win Game, the Official Rules, or the Sponsor's, Wendy's, and/or Administrator's Privacy Policy (including Mobile Terms and Conditions) will be resolved in accordance with the provisions set forth in this Dispute Resolution section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.

You agree that whenever you have a disagreement with Administrator, Wendy's, or Sponsor arising out of, connected to, or in any way related to the Instant Win Game, the Official Rules, or the Sponsor's, Wendy's, and/or Administrator's Privacy Policy (including Mobile Terms and Conditions), you will send a written notice to the Administrator ("Demand"). You agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these Official Rules or the Sponsor's, Wendy's, and/or Administrator's Privacy Policy (including Mobile Terms and Conditions). You must send the Demand to the following address (the "Notice Address"): Legal Department, HelloWorld, Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until 10 business days after you send a Demand. If the disagreement stated in the Demand is not resolved to your satisfaction within 10 business days after it is received, and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (the "Arbitrator"). This arbitration provision limits the ability of you, Administrator, Wendy's, and Sponsor to litigate claims in court and you, Administrator, Wendy's, and Sponsor each agree to waive your respective rights to a jury trial or a state or federal judge. You agree that you will not file any lawsuit against Administrator, Wendy's, or Sponsor in any state or federal court. You agree that if you do sue in state or federal court, and Administrator, Wendy's, or Sponsor brings a successful motion to compel arbitration, you must pay all fees and costs incurred by Administrator, Wendy's, and Sponsor in court, including reasonable attorney's fees. For any such filing of a demand for arbitration, you must effect proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, you may file your case with any national arbitration company. The Arbitrator shall apply the AAA Consumer Arbitration Rules effective September 1, 2014 (and as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. You agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with Administrator, Wendy's, or Sponsor. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate. The place of arbitration shall be Oakland County, Michigan.

You agree that you will not file a class action or collective action against Administrator, Wendy's, or Sponsor, and that you will not participate in a class action or collective action against them. You agree that you will not join your claims to those of any other person. Notwithstanding any other provision in the Official Rules, or the Sponsor's, Wendy's, and/or Administrator's Privacy Policy (including Mobile Terms and Conditions), if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in a court. Under no circumstances do you, Administrator, Wendy's, or Sponsor agree to class or collective procedures in arbitration or the joinder of claims in arbitration. Administrator, Wendy's, and Sponsor agree that we will submit all disputes with you to arbitration before the Arbitrator.

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant, Administrator, Wendy's, and Sponsor in connection with the Instant Win Game, or any claim or dispute that has arisen or may arise between you, Administrator, Wendy's, and Sponsor, 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.

This arbitration provision shall survive conclusion, modification or termination of the Instant Win Game and suspension, revocation, closure, modification, or amendments to the Official Rules, the Administrator's Mobile Terms and Conditions, and any aspect of the relationship of the parties relating to or arising from participation in the Instant Win Game.

 

11. Sponsor: The Coca-Cola Company, One Coca-Cola Plaza, Atlanta, GA 30313.

Administrator: HelloWorld, Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.

 

12. Participants' Personal Information: Information collected from Participants is subject to Sponsor's Privacy Policy https://us.coca-cola.com/privacy-policy/, Administrator's Privacy Policy http://www.helloworld.com/privacy-policy, and the Wendy's International, LLC Privacy Policy https://www.wendys.com/privacy-policy.