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Wendy’s Gameday Sweepstakes Official Rules

by Staff Writer / Minnesota Wild

WENDY’S


“Game-Day Sweepstakes”
Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.   A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING. MANY WILL ENTER, BUT FEW WILL WIN.

1. GENERAL.  The Wendy’s “Game-Day Sweepstakes” (the “Sweepstakes”) is a sweepstakes where eligible entrants will have the chance to  win (a) tickets for the winning entrant, members of his/her hockey team and guests to a 2006-2007 National Hockey League (“NHL”) regular season Minnesota Wild home game and participate in on-ice intermission activities, and (b) one (1) hour of ice time at the Xcel Energy Center for up to thirty (30) people, all as described in more detail below.  There will be four (4) separate prize drawings corresponding to four (4) separate prizes.  Eligible entrants must enter the Sweepstakes at participating Wendy’s locations in Minnesota or Wisconsin.  The foregoing is a general description only of the Sweepstakes and is qualified in its entirety by these Official Rules.

2. ELIGIBILITY.  The Sweepstakes is only open to entrants who, as of the entry date, are (a) legal U.S. residents of the States of Minnesota or Wisconsin, (b) between the ages of eight (8) and fifteen (15) years old and (c) a player on an organized competitive ice hockey team with a team coach.  To be eligible to receive the prizes in the Sweepstakes, in addition to the other terms and conditions of these Official Rules, entrant and at least nine (9) (but no more than nineteen (19)) of his/her team members, the parent or legal guardian of each participating team member, and the team coach must be able to attend the game for which entrant is selected as the prize winner, and such team members must be able to participate in the game day on-ice intermission activities described below.  The Sweepstakes is void outside the States of Minnesota and Wisconsin, and where prohibited or restricted by law.  Employees, officers and directors of Wendy’s International, Inc. (“Sponsor”) and Minnesota Wild Hockey Club LP (the “Wild”), and their respective parents, subsidiaries, affiliates, franchisees, divisions, advertising and promotion agencies, and the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director, are not eligible to enter.

3. TIMING.  The Sweepstakes begins on December 1, 2006 and ends on March 19, 2007 (the “Entry Period”).

4. HOW TO ENTER.  Visit a participating Wendy’s store in the State of Minnesota or Wisconsin and obtain an official entry form (available while supplies last).  Hand print your full name, complete home address, telephone number, email address (if any), age, team name and team coach’s name on the official entry form; which official entry form must also be signed by entrant’s parent or legal guardian indicating the parent or legal guardian’s acknowledgement and acceptance of these Official Rules on behalf of entrant and on behalf of the parent or legal guardian.  Deposit the fully completed and signed official entry form during the Entry Period in an entry box located at a participating Wendy’s store in the State of Minnesota or Wisconsin.  LIMIT:  One (1) entry per person or address in this Sweepstakes.  Entries must be deposited in an entry box during the applicable store’s business hours during the Entry Period.  Eligible entries received outside of such hours shall not be considered for any purpose for this Sweepstakes.  Sponsor is not responsible for undelivered, lost, late, stolen, incomplete, invalid, incorrect, unintelligible, illegible, damaged, mutilated, altered, or misdirected entries, which will be disqualified.  No facsimiles, photocopied or mechanically reproduced entries allowed.  Use of any automated system to submit entries is prohibited and will result in disqualification.  False or deceptive entries or acts, as determined by Sponsor, will render the entrant ineligible.  All entries become the exclusive property of Sponsor and none will be acknowledged or returned.  Proof of entry will not be deemed to be proof of receipt of entry by Sponsor.

5. AGREEMENT TO OFFICIAL RULES AND DECISIONS.  By participating in the Sweepstakes, each entrant, and each entrant’s parent or legal guardian (on behalf of the entrant and on behalf of the parent or legal guardian), fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of entries, the selection of entrants and winners, and the awarding of prizes), which are final and binding in all respects.

6. DRAWING; ODDS; NOTIFICATION.   Sponsor will conduct four (4) separate periodic drawings in the Sweepstakes to award the four (4) game day prizes described below (each, a “Periodic Drawing”).  The Periodic Drawing dates (the “Periodic Drawing Dates”) are one (1) week prior to the originally scheduled date of a game that constitutes one of the prizes as described below, and are as follows: December 20, 2006, December 22, 2006, March 20, 2007, and March 26, 2007.  All eligible entries received through the day prior to the Periodic Drawing (including all non-winning eligible entries received during the Entry Period prior to such day) will constitute the pool of entries for the applicable Periodic Drawing.  At each Periodic Drawing, Sponsor will randomly select one (1) potential prize winner from among the pool of eligible entries.  Odds of winning a prize depend on the number of eligible entries received.  The entrant selected, and such entrant’s parent or legal guardian, must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements.  A potential winner will be notified by phone, letter (by postal or overnight delivery) and/or email.  A potential winner will be required to execute and return to Sponsor (or its designee) an Affidavit of Eligibility, a Liability Release and, except where prohibited by law, a Publicity Release (an “Affidavit/Release”) in the form provided  by Sponsor (or its designee) in order to claim his/her prize, which Affidavit/Release must also be executed by the potential winner’s parent or legal guardian.  Such Affidavit/Release must be returned to Sponsor (or its designee) by the date and/or time indicated within such documents.  If the potential winner cannot be contacted within twenty-four (24) hours of the first attempt to contact him/her, or if the potential winner fails to return the Affidavit/Release within the specified time, or if the potential winner is found to be ineligible, or if the potential winner or his or her parent or legal guardian does not comply with the Official Rules, then the potential winner may be disqualified and an alternate winner selected by Sponsor in his/her place at random from among all eligible non-winning entries received for the Sweepstakes up to the applicable drawing date.  In the event of the selection of an alternate potential winner, Sponsor, in its sole discretion, may adjust the above timing and delivery requirements to accommodate Sponsor’s Sweepstakes schedule, and due to such schedule and timing, Sponsor may be unable to award certain prizes.

7. PRIZES.  In this Sweepstakes, four (4) total prizes will be awarded.  The approximate retail value (“ARV”) of each prize is $1,480, and the total ARV of all prizes to be awarded in this Sweepstakes is $5,920.   Each Periodic Drawing prize consists of and is limited to:  (a) thirty (30) upper level tickets to a Minnesota Wild NHL regular season home game (seating as determined by Sponsor), and the opportunity for the winner and nine (9) to nineteen (19) of his/her youth hockey team players (a total of ten (10) to twenty (20) team participants) to participate in on-ice activities during one (1) intermission (such activities as determined by the Wild, such as an intra-team game, shoot out, etc.), which games correspond to the Periodic Drawings and Periodic Drawing Dates above are as follows:  December 29, 2006, January 2, 2007, March 27, 2007, and April 3, 2007 (ARV $480), and (b) one (1) hour of ice time at the Xcel Energy Center for up to thirty (30) participants (including the winner); ice time shall be on such date and at such time as determined by the Wild, which date shall be between December 15, 2006 and December 31, 2007 (ARV $1,000).  Tickets are subject the terms and conditions thereof.  Use of the Xcel Energy Center and ice time activities are subject to availability and all rules and regulations of Xcel Energy Center and the Wild.  No cash or other substitution may be made, except by Sponsor, who reserves the right (but has no obligation) to substitute a prize (or a component thereof) with another prize (or component thereof, including cash) of equal or greater value if the prize is not available for any reason as determined by Sponsor in its sole discretion.  The winner is fully responsible for any and all applicable federal, state, international and local taxes and assessments.  All costs and expenses not expressly specified herein, related to a prize or the use thereof, including but not limited to lodging, transportation costs, meals, taxes, gratuities, insurance, surcharges and other expenses incurred by accepting and using the prize are the sole responsibility of the winner.  The winner and the other on-ice participants are responsible for bringing their own equipment.  Unused components of the prize shall be forfeited and have no redeemable cash value.  Each on-ice participant must execute and deliver to the Wild a release and waiver of liability and publicity release in the form(s) required by the Wild (“Liability/Publicity Releases”) prior to entrance on the ice, and if a participant is a minor, then s/he must be accompanied by his/her parent or legal guardian at the on-ice event and the parent or legal guardian must complete and return to the Wild such Liability/Publicity Releases prior to the minor’s entrance on the ice.  LIMIT:  One (1) prize per household and team. 

8. PUBLICITY.  Except where prohibited by law, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and the Wild’s use of winner’s name, biography, likeness, voice, photographs, video, opinions, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration or consent.

9. GENERAL CONDITIONS.   Sponsor reserves the right, in its sole direction, to terminate, modify or suspend the Sweepstakes if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor’s or Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes.  In such event, Sponsor reserves the right in its sole discretion to award the prize(s) at random from among eligible, non-suspect entries received up to the time of suspected impairment.  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 Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.  Any attempt by any person to deliberately undermine the legitimate operation of this Sweepstakes is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies 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.

10. RELEASE.  By entering, each entrant and such entrant’s parent or legal guardian forever and irrevocably releases and holds harmless Sponsor, the Wild and their respective parents, subsidiaries, franchisees, divisions and affiliates, and their respective agents, advertising and promotion agencies, affiliates, Sweepstakes partners and prize suppliers, and all of their respective employees, officers, directors, shareholders and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant’s participation and/or entry in the Sweepstakes and/or entrant’s award, receipt or use of any prize awarded in the Sweepstakes.

11.  LIMITATIONS OF LIABILITY.  Neither Sponsor nor the Wild is responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but  not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Sweepstakes; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Sweepstakes or the processing of entries; or (f) any injury or damage to persons or property.

12.  DISPUTES.  Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in Minneapolis, Minnesota; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Minnesota for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim 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.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Minnesota, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Minnesota.

13.  OFFICIAL RULES.  These Official Rules are available at participating Wendy’s locations in the States of Minnesota and Wisconsin (while supplies last), or by sending a self-addressed postage-stamped envelope to Sponsor’s designee as follows:  “Wendy’s Game-Day Sweepstakes – Rules Request”, c/o Minnesota Wild Hockey Club LP, 317 Washington Street, Saint Paul, Minnesota 55102.

14. WINNER’S LIST.  To request a list of winners, send a self-addressed postage-stamped envelope to Sponsor’s designee as follows:  “Wendy’s Game-Day Sweepstakes – Winner’s List Request”, c/o Minnesota Wild Hockey Club LP, 317 Washington Street, Saint Paul, Minnesota 55102.  Requests must be received by May 31, 2007.

15. SPONSOR.  The sponsor of the Sweepstakes and the address at which the Sponsor may be contacted is:  Wendy’s International, Inc., 7002 6th Street North, Oakdale, Minnesota 55128.


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[Abbreviated Rules:  To be used on Official Entry Forms and any collateral advertising materials]

NO PURCHASE NECESSARY. MANY WILL ENTER, FEW WILL WIN.  Sweepstakes subject in all respects to the complete Official Rules available at participating Wendy’s stores in the States of Minnesota and Wisconsin (subject to availability) or by sending a self-addressed postage-stamped envelope to “Wendy’s Game-Day Sweepstakes – Rules Request”, c/o Minnesota Wild Hockey Club LP, 317 Washington Street, Saint Paul, Minnesota 55102.”  Sweepstakes is only open to entrants who, as of the entry date, are (a) legal U.S. residents of the States of Minnesota or Wisconsin, (b) between the ages of eight (8) and fifteen (15) years old and (c) a player on an organized competitive ice hockey team with a team coach.  To be eligible to receive the prizes in the Sweepstakes, in addition to the other terms and conditions of the Official Rules, entrant and at least nine (9) (but no more than nineteen (19)) of his/her team members, the parent or legal guardian of each participating team member, and the team coach must be able to attend the game for which entrant is selected as the prize winner, and such team members must be able to participate in the game day on-ice intermission activities.  LIMIT:  One (1) entry per person or address in this Sweepstakes.  Sweepstakes begins on December 1, 2006 and ends on March 19, 2007.  Void outside the States of Minnesota and Wisconsin, and where prohibited or restricted by law.  Sponsor:  Wendy’s International, Inc., 7002 6th Street North, Oakdale, Minnesota 55128.

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