WENDY’S #DITCHTHEDONUT SWEEPSTAKES

 OFFICIAL RULES

No purchase necessary to ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. entrant must be 18 years of age or older AND a legal resident of THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA AT THE TIME of entry.  VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

By entering the Wendy’s #DitchTheDonut Sweepstakes (“Sweepstakes”) you agree to abide by all terms and conditions referenced in these Official Rules. Sweepstakes is subject to all federal, state, and local laws and regulations.

1. ELIGIBILITY: This Sweepstakes is open only to legal U.S. residents physically residing in the fifty (50) United States (including the District of Columbia) who are 18 years of age or older at the time of entry. Those NOT eligible to enter or win are employees of Wendy’s Old Fashioned Hamburgers Advertising Co-Operative of Providence, Inc., (“Wendy’s” or “Sponsor”); Ketchum Inc (“Ketchum”), GMR Marketing LLC (“GMR” or “Administrator”), and any agents acting for, or on behalf of, the above entities, and each of their respective agencies, affiliates, parents, subsidiaries and their promotional partners, sales representatives, franchisees, and promotion and other vendor agencies involved in this Sweepstakes (collectively, the “Released Parties”) and the immediate family (parents, spouses, siblings, children and their respective spouses, regardless of where they reside) and household members, whether or not related, of all such employees.

2. TIMING: This Sweepstakes begins at 12:00 a.m. Eastern Time (“ET”) on July 12, 2021 and ends at 11:59 p.m. ET on August 13, 2021 (“Sweepstakes Period”).  The Sponsor’s computer is the official time-keeping device for the Sweepstakes Period.

3. HOW TO ENTER: To earn one (1) entry into the Sweepstakes, you must 1) create a new, free Instagram account or use your existing account on the Instagram Application (“Instagram”), 2) navigate to the @DitchTheDonutSweeps Instagram account at https://www.instagram.com/ditchthedonutsweeps/; 3) navigate to a promotional post on the Ditch The Donut Sweeps Instagram account (each, a “Sweepstakes Post”); 4) comment on a Sweepstakes Post with “#DitchTheDonutSweepstakes” during the Sweepstakes Period.

Your Instagram setting must be “public.”  You can change your settings back to “private” any time following the announcement of the Grand Prize winner. If your Instagram account is private, your Entry will NOT be eligible. Entries will not be acknowledged. Please Note: You must have a valid Instagram account and agree to Instagram, LLC Terms of Use and the Instagram, LLC Privacy Policy in order to be eligible to enter. Registration on Instagram must be completed before an entry may be submitted. Instagram is free to download and available for iPhone from the Apple application store and for Android from the Google Play store. Wireless phone charges and data rates apply. For the Instagram Terms, visit http://instagram/legal/terms.  

Entries must be submitted by the authorized Instagram account holder. The identity or eligibility of the selected potential winner will be based on an Instagram handle and in the event of a dispute, the winning entry will be declared made by the Authorized Instagram Account Holder of the Instagram handle at the time of entry.  “Authorized Instagram Account Holder” is deemed as the natural person who is assigned to the Instagram account from which the entry was received.

Entry Limit: Limit one (1) Entry per person/authorized Instagram account holder. All entries become the property of the Sponsor and are not returnable. 

4. WINNER SELECTION, PRIZE, AND APPROXIMATE RETAIL VALUE (“ARV”): On or around August 31, 2021, GMR will randomly select one (1) potential Grand Prize winner from among all eligible entries received during the Sweepstakes Period. All random drawings will be conducted under the supervision of Sponsor, whose decisions regarding such random drawing will be final. Odds of winning the Grand Prize depend on the number of eligible entries received during the Sweepstakes Period.

a)    One (1) Grand Prize: Wendy’s gift cards totaling $550 (awarded in increments of five (5) $100 and one (1) $50 Wendy’s gift cards; gift card terms and conditions apply, including expiration date, if any) and Wendy’s swag (swag items, design, and all other aspects of the swag items are determined at the sole discretion of the Sponsor). The ARV of the Grand Prize is $599.99.

Wendy’s gift cards are redeemable only at participating U.S. Wendy’s restaurants and are subject to Wendy’s standard gift card terms. All other expenses of use of the prize not specifically mentioned herein are solely the responsibility of the winner including, without limitation,

All federal, state, and local taxes and fees related to a prize are the sole responsibility of the Prize winner and Sponsor will comply with all tax reporting requirements. Prize is nontransferable, and no substitution or cash equivalent is allowed, except in Sponsor’s sole discretion. Prize consists only of the items specifically listed as part of the prize.  Sponsor, in its sole discretion, reserves the right to substitute prize with one of the same or greater approximate retail value.

5. WINNER NOTIFICATION: The Grand Prize winner will be notified and confirmed as follows:

a)    Grand Prize Winner: The potential Grand Prize winner will be notified on or about August 31, 2021 via direct message to the Instagram account the potential Grand Prize winner used to enter. The potential Grand Prize winner will have forty-eight (48) hours from the time of notification to respond with their first and last names, country of residence, and daytime phone number. The potential Grand Prize winner will then be contacted via phone by GMR and will be required to respond within forty-eight (48) hours of notification to verify eligibility and provide their full shipping address (no P.O, Boxes accepted). Failure to respond to the Instagram direct message or phone call within the designated time periods will result in automatic forfeiture of the Grand Prize.

The Grand Prize will be shipped to confirmed Grand Prize winner at the address provided by the Grand Prize winner during the confirmation process approximately four (4) weeks following winner confirmation. Return of any prize notification or prize as undeliverable may, in the Sponsor’s sole discretion, result in disqualification and forfeiture of prize. Upon prize forfeiture, no compensation will be given, and an alternate winner may be selected at random as the potential Grand Prize winner, time and circumstances permitting. Sponsor and Administrator are not responsible for any lost or stolen prizes after shipment.

b)    Publicity Release: Unless prohibited by law, winner further grants to Sponsor the right to use and publish their proper name and state of residence online, in print, and in any other media in connection with the Sweepstakes. Acceptance of a prize constitutes permission for Sponsor to use winner’s names and likenesses for advertising and promotional purposes without notice, review, approval or additional compensation unless prohibited by law.

6. LIMITATIONS OF LIABILITY: In no event will more than the stated number of prizes be awarded. This Sweepstakes is intended for viewing in the United States and is governed by applicable United States law. If for any reason the Sweepstakes is not capable of running as planned, including disruptions caused by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other cause that corrupts, affects or compromises the administration, security, fairness, integrity, proper conduct or intended play of the Sweepstakes (or any portion thereof), Sponsor reserves the right at its sole discretion to disqualify any individual Sponsor deems responsible and Sponsor further reserves the right to cancel or terminate the Sweepstakes (or any portion thereof).

In the event the Sweepstakes is cancelled or terminated, Sponsor reserves the right to select the winner in a random drawing from among all eligible entries received up to time of such event. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation, transmission, or delivery, communications failure, theft, destruction or unauthorized access to, or alteration of, entries, including any erroneous appearance of qualification for a prize. Sponsor is not responsible for any problem or technical malfunction of any telephone network or lines, computer online systems, cable, satellite, servers or provider, mobile device or computer equipment, software, failure of any email or entry to be received by Sponsor due to technical problem or traffic, congestion on the internet or at any website, or any combination thereof, including any injury or damage to participant's or any other person's mobile device or computer related to or resulting from participation or downloading any materials in this Sweepstakes.

WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

7. ADDITIONAL TERMS: By entering, entrant agrees to accept and abide by the Official Rules of this Sweepstakes and agrees that any dispute with regard to the conduct of this Sweepstakes, rule interpretation or award of prize, shall be resolved by Administrator and/or Sponsor, whose decision shall be binding and final. By entering, entrant agrees to be notified using the contact information provided in the entrant’s Instagram Entry or by using the contact information provided by the entrant during prize claim process by the Sponsor and/or Administrator for the purposes of the administration of this Sweepstakes.

By participating, entrant also agrees to release and hold harmless the Released Parties, Instagram, and each of their respective parent companies, affiliates, subsidiaries, service and vendor agencies, promotion agencies, independent contractors, and the officers, directors, employees, agents and representatives of any of the above organizations from any injury, from any injury, loss or damage to person, including death or property damage due in-whole or in-part, directly or indirectly to the acceptance, use, or misuse of a prize, participation in any Sweepstakes-related activity, or participation in the Sweepstakes.

Neither the Sponsor nor the Administrator is responsible for any typographical, printing, or other error in the printing of these Official Rules, or any network, computer, mechanical, electronic, human or other errors or problems in connection with this Sweepstakes, including, without limitation, any errors or problems which may occur in connection with the administration of the Sweepstakes, the processing of entries or e-mails, or in the announcement of prizes, including such error that may give an erroneous indication that a prize has been won.

In the event the Sponsor or Administrator is prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, health concern or emergency, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s or Administrator’s control (each a “Force Majeure” event), the Sponsor will have the right, in its sole discretion, cancel or terminate the Sweepstakes without notice or further obligation.  If the Sponsor, in its discretion, elects to terminate or cancel the Sweepstakes as a result of a Force Majeure event, the Sponsor reserves the right, but shall have no obligation, to award the prize(s) for the drawing(s) at issue from among all valid and eligible entries received for the applicable drawing(s) up to the time of such Force Majeure event. 

8. 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 policy located at https://www.wendys.com/privacy-policy.

9. WINNER LIST: For the name of the Grand Prize winner, send a self-addressed, stamped envelope to: Wendy’s #DitchTheDonut Sweepstakes Winner’s List, Attn: Promotions Department, 5000 South Towne Drive, New Berlin, WI 53151 postmarked by September 23, 2021 and received by September 30, 2021. Certain information may be withheld to protect the winner’s privacy.

10. SPONSOR: This Sweepstakes is sponsored byWendy’s Old Fashioned Hamburgers Advertising Co-Operative of Providence, Inc., 1429 Business Center Drive, Conyers, GA 30094.

11. ADMINISTRATOR: This Sweepstakes is administered by GMR Marketing LLC, 5000 South Towne Drive, New Berlin, WI 53151, USA.

THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO INSTAGRAM.