Wendy’s® “Hey Wendy”
Wendy’s® Phone Twitter Contest
OFFICIAL RULES AND REGULATIONS
* NO PURCHASE NECESSARY TO ENTER OR WIN.
1. ELIGIBILITY:
The “Wendy’s® Phone” Contest (the “Contest”) is open to residents of Canada excluding residents of the province of Quebec who (i) have reached the age of majority in their province/territory of residence at the time of entry, and (ii) are able to receive direct messages on Twitter. To be eligible to win the Prizes, entrants must download the Wendy’s® Canada Mobile App (the “App”) and register an account. By downloading the App and registering an account, entrants agree to the App’s Terms & Conditions and Privacy Policy and Notice. Individuals who do not agree to such Terms & Conditions and Privacy Policy and Notice cannot register an account on the App and must participate in this Contest by Twitter Livestream. Employees, representatives or agents (and their immediate family members and those with whom such persons reside, whether related or not) of Wendy’s® Restaurants of Canada Inc., Wendy’s Canada Advertising Program Inc., and Quality Is Our Recipe, LLC (collectively, hereinafter, referred to as “Wendy’s” or the “Sponsor”) and McCann Worldgroup (the “Administrator”) and each of their respective parent companies, governors, subsidiaries, affiliates, directors, officers, shareholders, agents, promotional parties (altogether the “Released Parties”) are not eligible to enter or win any Prize in the Contest. For purposes of this Contest, “immediate family members” shall include the mother, father, brothers, sisters, daughters, sons, partner or spouse of an individual (regardless of whether any such “immediate family member” resides with such individual) and those with whom any of the foregoing are domiciled.
Persons who have won a Prize during the Contest are not eligible to win a 2nd Prize.
The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification showing that you have reached the age of majority) to participate in this Contest. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification.
2. HOW TO ENTER: During the period from September 27, 2021 at 8:00:00 a.m. Eastern Time (“ET”) to Oct 17, 2021 at 8:00:00 p.m. ET (the “Contest Period”), Sponsor will post about the Contest to its Twitter accounts. Contest posts will include both the hashtags #WendysPhone and #Contest. There are two (2) ways to enter this Contest:
i) By Twitter: To enter via Twitter, eligible entrants must download the Wendy’s® Canada Mobile App and register an account. Entrants must find their favourite order within the Wendy’s® Canada Mobile App, like ‘<3’ it and take a screenshot. Entrants then must tweet the screenshot photo of the entrants favourite Wendy’s® order from the Wendy’s® Canada Mobile App together with the use of both the #WendysPhone and #Contest hashtags, all in the same tweet. In order to be eligible, the entrant’s Twitter entry must be submitted and received in accordance with these Rules during the Contest Period (as determined by the Sponsor in its sole and absolute discretion). The entrant must have a valid Twitter account and must be able to receive direct messages from the Sponsor’s Twitter page to enter the Contest via Twitter. If the entrant does not have a Twitter account, they can visit www.twitter.com and follow the on-screen instructions to sign-up for a free Twitter account.
ii) By Twitter LiveStream: To enter via Twitter LiveStream, eligible entrants must tune into the Twitter LiveStream on October 17, 2021 at 7:00:00 p.m. ET, for a secret voice command. Entrants must use the Twitter LiveStream chat to guess the secret voice command to activate the phone and win the Final Prize. The first person to correctly guess the secret voice command within the Twitter LiveStream chat will win the Final Prize.
Limit of one (1) entry per person.
Each entry must: (i) not contain any nude, sexually explicit, disparaging, discriminatory, libelous or other inappropriate content of any kind (as determined by Sponsor in its sole discretion); (ii) not contain any content that promotes any product or service other than that of the Sponsor; (iii) not contain any language suggesting or encouraging illegal activity; (iv) not contain anything that infringes or that may infringe anyone’s rights, including intellectual property or privacy rights; (v) contain entirely original materials that have never before been professionally distributed, shown publicly or published, or selected as a winner in any other Contest; (vi) not contain any identifiable third party products and/or trade-marks, brands, logos or copyright, other than those of the Sponsor; and (vii) otherwise comply with these Rules. Entries that are incomplete or generated by script, macro or other automated or mechanical means, or that do not conform with or satisfy any or all of the conditions set out in these Rules will be void.
Do not include in your reply or comment, as applicable, any personal information about any individual or otherwise include any reference to or likeness of identifiable third parties, unless consent has been obtained from all such individuals and such individuals have reached the age of majority in their jurisdiction of residence. If you did not take the photo or create the video included in your reply or comment, you must have obtained the written consent of the individual who took the photo or created the video and such individual must have reached the age of majority in their jurisdiction of residence.
By posting a reply or comment, you affirm that you have read, understand and agree to these Rules. Entrants understand that they are posting at their sole risk. Sponsor is not responsible for any claims arising from a comment, specifically including, but not limited to, claims for intellectual property infringement and privacy rights violations, as well as violations of the respective social media site’s terms and conditions.
By submitting your information and creating a Twitter account, you agree to the Twitter Terms of Use and Privacy Notice. If you do not agree to such Terms of Use and Privacy Notice, you cannot create a Twitter account, or participate in this Contest. By using Twitter through a wireless mobile device, standard text messaging and/or data rates may apply for each message sent or received from your device. Other charges may also be applied by your wireless carrier (consult your wireless plan for details before participating via wireless mobile device).
Anyone found to use multiple Twitter accounts to enter the Contest will be ineligible. Anyone found “spamming” by posting multiple updates or comments or by posting duplicates to the Wendy’s® Phone Contest Posts will be disqualified.
The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of entries and/or entrants. The Released Parties are not responsible for lost, incomplete, illegible, late, misdirected, stolen or mutilated entries; any error, omission, interruption, defect or delay in transmission or communication; technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors in these “Wendy’s® Phone” Contest Rules (“Rules”), in any Contest-related advertisements or other materials; failures of electronic equipment, computer hardware or software, or inaccurate entry information, whether caused by equipment, programming used in this Contest, human processing error, or otherwise. Sponsor reserves the right, at its sole discretion, to disqualify any entry, to modify, terminate, or suspend this Contest (or amend these Rules) should a virus, bug, non-authorized human intervention, action of entrant(s), or other cause corrupt or impair the administration, security, fairness, or proper play of the Contest. The Sponsor reserves the right, to cancel or suspend this Contest, or to amend these Rules, without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason. Any attempt to deliberately undermine the legitimate operation of this Contest is a violation of criminal and civil laws and, should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The sole determinant of the time for the purposes of a valid entry in this Contest will be the Sponsor’s official clock.
3. PRIZES AND WINNER SELECTION:
Contest prizes consist of 20 Prizes as set out below (each a “Prize”, collectively, “Prizes”). Winners will be selected everyday consecutively for the 20-day Contest Period.
For the first 19 days of the contest period, random draws will be held at the offices of McCann Worldgroup Canada at 200 Wellington Street West, Suite 1300 Toronto, Ontario M5V 0N6 each selection date noted below from all eligible entries received by 11:59:59 pm ET on the day immediately preceding the applicable selection date. Odds of winning a Secondary Prize depend on the number of eligible entries received by 11:59:59 pm ET on the day immediately preceding each selection date.
Odds of winning the Final Prize depend on the number of eligible entrants that tune into the Twitter Livestream event on October 17, 2021 at 7:00:00 pm ET and guess the correct secret voice command.
Maximum one (1) Prize per person. Once an entrant has won any Prize they are no longer eligible for any other Prizes in this Contest.
“Secondary Prizes”:
“Final Prize”:
All Prizes must be accepted as awarded. No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute any Prize with another prize of equal or greater value. Prizes do not include a SIM card, network service provider or warranty and are only activated once connected to the internet. Sponsor is not responsible for any changes in the value of a Prize which may occur during the Contest Period and/or up to and including the time a Prize is delivered to a confirmed winner. Color and any or all features of the Prize are at the sole discretion of the Sponsor. Winners are solely responsible for all costs associated with the Prizes that are not expressly described herein.
Prize Delivery: Prizes will be mailed to the winner’s address.
4. WINNER NOTIFICATION:
On each selection date as noted above, the selected entrants will be contacted by Sponsor through social direct message on the platform they used to enter. They will be prompted to direct message Wendy’s Canada on Twitter to confirm their selection. Potential winners will have 24 hours to respond to the direct message; failure to do so will result in disqualification and forfeiture of the Prize.
On Oct 17, 2021, the first Twitter LiveStream participant to correctly guess the voice command to unlock the phone will be selected. They will be prompted to direct message Wendy’s Canada on Twitter to confirm their selection. Potential winners will have 24 hours to respond to the direct message; failure to do so will result in disqualification and forfeiture of the Prize.
5. WINNER CONFIRMATION:
Prior to being declared a confirmed winner of a Prize, a selected entrant must correctly answer, unaided, an arithmetical, time-limited, skill testing question, to be administered at a mutually convenient time. Selected entrants will also be required to sign and submit the Sponsor’s declaration and release, which (among other things): (a) confirms compliance with these Rules; (b) acknowledges acceptance of the Prize as awarded; and (c) releases the Released Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the Prize. If an eligible winner: (a) fails to submit the properly executed Contest documents, (b) cannot accept the Prize for any reason and/or (c) otherwise fails to comply with these Rules, then he/she will be disqualified (and will forfeit all rights to the Prize).
6. PRIVACY NOTICE:
By participating in this Contest, each entrant agrees to the collection, use and disclosure of their personal information, including their Twitter handle, contact information (such as their name, address and phone number), any personal information contained in their Contest entry (such as their photograph or likeness), and any personal information submitted in their proof of identity or eligibility, by the Released Parties for the purposes of verifying the entrant’s eligibility to participate in this Contest, selecting a winner, sending the Prize to a winner, otherwise administering this Contest, and as otherwise permitted to required by law. An entrant’s reply or comment (including any personal information therein) may be reposted or retweeted on the Sponsor’s Twitter page to advertise, market, sell or otherwise promote the Sponsor’s products, the App and the Contest.
By participating in this Contest, each entrant acknowledges that (i) anyone browsing Twitter from anywhere in the world may view or access any personal information contained in their Contest entry; (ii) it is possible that an entrant could be recognized by someone who knows them based on the content of their Contest entry; and (iii) entrants’ personal information may be copied, saved, used, republished and/or re-disclosed by any viewer, recipient or other third party and the Released Parties are not able to control the use or disclosure of entrants’ personal information by such third parties.
Entrants’ personal information may be transferred to or stored at McCann,1300- 200 Wellington Street West, Toronto, Ontario M5V 0N6 and may be accessible to courts, law enforcement and national security authorities in each jurisdiction where it is transferred or stored. Personal information will also be accessible to the Sponsor’s and Administrator’s employees who have a need to know such information in order to perform their duties, including those in the Wendy’s® Canada and McCann Worldgroup Canada Marketing Department.
Entrants may contact Ashley Peebles at ashley_peebles@Wendys.com or 905-483-0685 to (i) ask any questions or voice any concerns about the collection, use or disclosure of their personal information; (ii) request access to or rectification of their personal information; or (iii) obtain written information or make enquiries about the Sponsor’s and the Administrator’s privacy policies and practices, including with respect to the Sponsor’s service providers and affiliates outside of Canada.
7. GENERAL:
By participating in this Contest, each entrant (i) agrees to be bound by these Rules; (ii) agrees to release and hold harmless the Released Parties from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action; and (iii) releases the Released Parties from any and all liability in connection with this Contest and his/her participation therein and his/her use of his/her Prize. Released Parties make no warranty (express or implied), guaranty or representation of any kind concerning any Prize (or any portion thereof).
By entering the Contest, each entrant: (i) grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use the submitted photo, in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to his/her photo in favour of the Sponsor; and (iii) agrees to release and hold harmless the Released Parties from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any related cause of action.
By entering the Contest, each entrant agrees that the Released Parties will not be liable for (i) any failure of any website during the Contest Period; (ii) any technical error, difficulty, failure, malfunction or other problems relating to any telephone network or lines, computer on-line systems, servers, Internet, computer network, digital device, wireless service provider, websites, browsers, mobile or cellular components, satellites, access providers, computer equipment or software; (iii) the failure of any entry to be received for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website or mobile network; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating or downloading any material in the Contest; (v) unauthorized human intervention in the Contest; (vi) printing errors, typographical errors, or human errors; (vi) errors in the administration of the Contest or the processing of entries or eligibility; (vii) late, lost, missed, or undeliverable entries; (viii) 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 Contest or receipt, use or misuse of any prize; and/or (ix) any combination of the above.
To the fullest extent permitted by law, by entering the Contest, each 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 Contest and in no event shall the Released Parties be liable for any other damages whatsoever, including, without limitation, punitive, consequential, direct, or indirect damages or attorneys’ fees. If for any reason a entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, participant’s sole remedy is another entry, if it is possible. If the Contest 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.
The Sponsor reserves the right, in its sole and absolute discretion to withdraw, suspend or amend this Contest in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules. Any attempt to deliberately damage any website associated with the Contest or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right, in its sole and absolute discretion to cancel, amend or suspend this Contest, or to amend these Rules, without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason.
This Contest is subject to all applicable federal, provincial and municipal laws.
The Sponsor reserves the right, in its sole and absolute discretion and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant or entry with these Rules, or as a result of technical problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules.
In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to website, print and/or online advertising, the terms and conditions of these Rules shall prevail, govern and control.
This Contest is in no way sponsored, endorsed or administered by, or associated with Twitter. Entrants are providing their information in connection with this Contest to the Sponsor and not to Twitter. Twitter is released of all liability by each participant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor or Administrator, and not to Twitter.
Sponsor: Wendy’s® Canada, 5515 North Service Rd, Burlington, Ontario L7L 6G4.
Administrator: McCann,1300- 200 Wellington Street West, Toronto, Ontario M5V 0N6.