TALK WW PRODUCTION, INC., D/B/A “THE WENDY WILLIAMS SHOW”
Wendy’s Tropical Punch Sweepstakes
Wendy’s Tropical Punch Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR ODDS OF WINNING.
1. Sponsor:TALK WW PRODUCTION, INC., D/B/A “THE WENDY WILLIAMS SHOW”, 226 West 26th Street, 4th Floor, New York, New York 10001 is the sponsor (“Sponsor”).
2. Administrators:Woobox, LLC, 810 Main St., Vancouver, WA 98660 (“Administrator”) is the independent agency administering the selection of winners. Prize Logic, LLC, 25200 Telegraph Road, Suite 405, Southfield, MI 48033 and Barbados Tourism Marketing Inc., 820 Second Avenue, Fifth Floor, New York, New York 10017 are the independent agencies administering the Prizes (collectively, the “Prize Administrators”).
3. Eligibility: Wendy’s Tropical Punch Sweepstakes (the “Sweepstakes”) is open only to persons twenty-one (21) years of age or older as of the date of entry who are permanent legal residents of the forty-eight (48) contiguous United States and the District of Columbia. Residents of Alaska and Hawaii are not eligible to enter or win. An entrant must have either a valid Social Security Number or valid U.S. personal tax identification number. Employees, officers, and directors (including such persons’ parents, spouses, children and siblings and members of the same household) of Sponsor, Administrator, Debmar-Mercury, LLC, Fox Television Stations, Inc., participating stations airing The Wendy Williams Show, JetBlue Airways, Prize Administrators, and each of their respective parent, related, affiliated and subsidiary companies, all other entities involved in the creation, administration, or fulfillment of the Sweepstakes and their respective successors and assigns are not eligible to enter or win. The Sponsor reserves the right to require proof of eligibility. Void where prohibited by law. Participation constitutes full and unconditional agreement to these official rules (“Rules”). A potential winner must have access to a landline telephone and be available to speak between 7:00 AM Pacific Time (“PT”) and 8:00 AM PT all weekdays and 11:00 AM PT and 12:30 PM PT on Mondays and Thursdays during the taping of The Wendy Williams Show episodes between October 26, 2017 and November 21, 2017. Sponsor reserves the right, in its sole discretion, to disqualify any potential winner if Sponsor determines, in its sole discretion, that such potential winner might reflect negatively on Sponsor. Sponsor’s and Administrator’s decisions are final and binding in all matters related to the Sweepstakes. Winning is contingent upon fulfilling all requirements set forth herein. Void in Alaska, Hawaii, Guam, the U.S. Virgin Islands, Puerto Rico, U.S. military installments in foreign countries, all other U.S. territories and possessions, outside the United States, and where prohibited or restricted by law.
4. Timing:The Sweepstakes begins on October 18, 2017 at 12:00 AM PT and ends on November 12, 2017 at 11:59:59 PM PT ("Sweepstakes Period"). Administrator’s computer will be the official clock for this Promotion. During the Sweepstakes Period, there will five (5) entry periods as set forth below (each an “Entry Period”). Entrants can only enter the Sweepstakes during an Entry Period.
Note:Non-winning entries from one Entry Period will carry forward over into future Entry Periods.
5. How to Enter:During the Sweepstakes Period, an eligible entrant (“Entrant”) must visit www.facebook.com/wendyshow (the “Website”) and complete all of the requested information, including, without limitation, e-mail address, complete first and last name (no initials), city and state of residence, mobile telephone number, and affirmation Entrant has access to a landline telephone, that Entrant is at least twenty-one (21) years old, and that Entrant agrees to these Rules. Each Entrant will also be asked to upload a current photograph of him/herself only. Incomplete or inaccurate entries will be disqualified. After completing registration, the Entrant will receive one (1) entry into the applicable Entry Period. Normal Internet access and usage charges imposed by an Entrant’s online service provider will apply. Data rates may apply to any entry via a mobile device. Entrant should check his/her wireless provider’s customer pricing plan as carrier specific charges for mobile usage may apply. Entrants are solely responsible for any such wireless charges. Not all wireless carriers participate. Each Entrant must have a Facebook account. Each Entrant understands that he/she is providing his/her information to Sponsor and not Facebook. This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with, Facebook.
Limit one (1) entry per Entrant per day during the Sweepstakes Period (during Entry Periods only). A day begins at 12:00 AM PT and ends at 11:59:59 PM PT. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different e-mail addresses, identities, registrations, and logins, or any other methods will void the Entrant’s entries and that Entrant will be disqualified in the sole discretion of Sponsor. Any use of any micro, robotic, automatic, programmed, or like entry methods will void all such entries affected by such methods and Entrants using such methods will be disqualified. ATTEMPTS BY ANY PERSON TO DELIBERATELY DAMAGE THE WEBSITE(S) OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND IF SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
By entering the Sweepstakes, Entrants agree to abide by and be bound by these Rules. The Sweepstakes is subject to all applicable federal, state, and local laws.
6. Potential Winner Selection, Notification, and Prize Determination: On or about the Random Drawing Dates listed in Section 4, Administrator and/or Sponsor will randomly select two (2) potential winners from all eligible entries received during Entry Period 1; five (5) potential winners from all eligible entries received during each of Entry Periods 2, 3, and 4; and three (3) potential winners from all eligible entries received during Entry Period 5. Each potential winner must continue to comply with all terms and conditions of the Rules; winning is contingent upon fulfilling all requirements. Each potential winner will be notified by telephone or e-mail within one (1) calendar day of selection with instructions on how to qualify for a chance to win a Prize during the taping of The Wendy Williams Show, including providing his/her landline telephone number.
Prior to each taping, a member of The Wendy Williams Show staff will randomly select one (1) of the twenty (20) prizes listed in Section 7 below via a random drawing. The prize selected may be displayed on the monitor wall of the studio or otherwise. Wendy Williams will also announce the prize for that day. Displaying the prize and announcing it is merely for illustrative purposes; the actual prize that may be won will be determined solely by The Wendy Williams Show staff member in the random drawing. If the prize selected through random drawing and that is on display and announced during the taping differ, the prize selected by random drawing will be the prize awarded to the potential winner, assuming the potential winner answers the challenge question correctly. Sponsor will always have final determination as to selection of the prize, including if the wrong prize is erroneously displayed during the Wendy Williams Show. Each potential winner will be called at the landline phone number provided by the potential winner during the taping of an episode of The Wendy Williams Show between 7:00 AM PT and 8:00 AM PT on a weekday or between 11:00 AM PT and 12:30 PM PT on a Monday or Thursday from October 26, 2017 to November 21, 2017 and must answer a challenge question asked by Wendy Williams. The potential winner on the landline will select a number from one (1) to twenty (20), which will have no bearing on the actual Prize awarded; it is for entertainment purposes only. Wendy or a Wendy staff member will punch out the number selected by the potential winner on a display of the numbers from one (1) to twenty (20), which also has no bearing on the actual Prize awarded; it is for entertainment purposes only. If the Potential winner answers the challenge question correctly, he/she will receive the prize that is chosen by Sponsor for the respective taping. Each challenge question will be about something that happened or was said in an episode of The Wendy Williams Show during the seven (7) days prior to the episode taping in which potential winner is answering the question. Potential winner will have fifteen (15) seconds to provide the correct answer audibly by telephone. If a potential winner does not answer the challenge question correctly or fails to answer the question within fifteen (15) seconds, as determined by Sponsor or Administrator in their sole and absolute discretion, the potential winner will not win the prize that he/she was playing for and will instead will win a gift card or similar cash alternative valued at $250.00.
A potential winner must be available by landline telephone during the designated time indicated by the Sponsor, or an alternate potential winner may be selected, at Sponsor’s sole discretion. If the potential winner cannot be contacted within twenty-four (24) hours of initial notification, or if the winner notification is returned as undeliverable, the potential winner forfeits the opportunity to win a prize. The potential winner must complete and return an affidavit of eligibility, IRS Form W-9, and publicity release (except where prohibited) and agree to accept the prize within twenty-four (24) hours from the time such documents are sent to the potential winner; otherwise such potential winner will be disqualified. Each winner will receive an IRS Form 1099 from the Sponsor or one of the Prize Administrators for the calendar year the prize was awarded for the total approximate retail value (“ARV”) of the prize(s) as determined by the Sponsor. If a Potential winner chooses to forfeit his/her prize and thus not receive a 1099, he/she must do so prior to being awarded the prize. In the event that any Potential winner is disqualified for any reason, Sponsor may award the prize to an alternate potential winner by random drawing from among all remaining eligible Entries received during the Sweepstakes Period. Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate potential winner. An entrant is not a winner, even if the Sponsor should so indicate, unless and until that entrant’s eligibility and the potential winning Entry has been verified and the entrant has been notified that verification is complete. An Entrant may only win one (1) prize. The odds of being selected as a Potential winner depends upon the number of eligible entries received during the relevant Entry Period. Administrator’s and Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes.
7. Prizes:There will be no more than twenty (20) prizes awarded total. Each prize will have an ARV ranging from $250 to $5,200 and will consist either of a $250 cash equivalent, such as a check or gift card, if a potential winner does not answer the challenge question correctly or fails to answer the question within fifteen (15) seconds, or one of the trip prizes listed in the table below (each a “Prize”).
In no event will more Prizes than are stated in these Rules be awarded. If, for any reason, The Wendy Williams Show does not air or is not taped as planned, Sponsor reserves the right to award the Prize for that taping at a different time. If, for any reason, more Prize notifications are sent (or more claims are received) than the number of Prizes offered, as set forth in these Rules, Sponsor reserves the right to award the intended number of Prizes through a random drawing from among all eligible Prize claims received. No Prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a Prize of equal or greater value in case of unavailability of a Prize or force majeure. The use of a gift card is subject to the terms and conditions set forth thereon which shall govern the use of the gift card. Use of a gift card constitutes the user’s acceptance of the terms and conditions so the winner should read the terms and conditions on the gift card carefully. A winner must protect the gift card and treat the gift card as he/she would any other valuable document. A gift card will not be redeemed or exchanged for cash, except where required by law. A gift card will not be replaced or replenished if it lost, stolen, damaged, destroyed, or used without the winner’s permission and will be voided if altered or defaced. Each winner shall be solely responsible for payment of any and all applicable federal, state, and local taxes for any Prize won. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. Each Prize will only be awarded to a verified winner.
• • Each trip Prize includes roundtrip coach air transportation for winner and one (1) guest (“Guest”) between the major JetBlue gateway airport closest to winner’s residence (as determined by Prize Administrator in its sole discretion) and an airport closest to the Prize destination (“Destination”). If a winner resides more than 150 miles from a major JetBlue gateway airport (as determined by Prize Administrator in its sole discretion), transportation from home city to JetBlue gateway will be provided;
• Round-trip ground transportation between the Destination airport and the hotel for winner and Guest;
• A submarine dive for winner and Guest provided by Atlantis Submarines Barbados Inc.; and
• Hotel accommodations at the Destination, as specified below:
o Club Barbados: Includes five (5) nights/six (6) days all-inclusive accommodations, all meals (3 per day), snacks, unlimited drinks by the glass (both alcoholic & non), watersports (windsurfing, kayaking, hobie cats, snorkeling, waterskiing) for winner and Guest. Blackout dates include, but may not be limited to major holidays including Christmas, New Year’s, School break and Easter including December 21, 2017 - January 3, 2018, February 7-21, 2018, and April 14-21, 2018.
o Elegant Hotels - Turtle Beach by Elegant Hotels: Includes five (5) nights/six (6) days all-inclusive accommodations in a garden view junior suite, including tax and service charge (based on single or double occupancy). Buffet breakfast, lunch, dinner, afternoon tea, and a variety all-day dining options. Alcoholic and non-alcoholic beverages, including sparkling wine by the glass, but excluding fine wine and champagne. Non-motorized water sports, such as hobie cats, snorkeling, boogie boarding and kayaking. Beach and Pool Ambassador service. Blackout dates are from December 18, 2017 - January 7, 2018.
o Elegant Hotels - Waves Hotel & Spa by Elegant Hotels: Includes five (5) nights/six (6) days all-inclusive accommodations in a garden view junior suite, including tax and service charge (based on single or double occupancy). Buffet breakfast, lunch, dinner, afternoon tea and a variety all-day dining options. Alcoholic and non-alcoholic beverages, including sparkling wine by the glass, but excluding fine wine and champagne. Motorized and non-motorized water sports, such as hobie cats, snorkeling, boogie boarding and kayaking. One spa treatment. Water taxi, which takes guests between select Elegant Properties on the West Coast. Beach and Pool Ambassador service. Black-out dates are from December 18, 2017 - January 7, 2018.
o Mango Bay Hotel: Includes an all-inclusive five (5) night/ six (6) day stay in Mango Bay Hotel’s Superior Room category. A Mango Bay vacation features all meals, afternoon tea, local and brand name drinks including wine with dinner, use of the on-site gym, and nightly entertainment; various watersports include water-skiing, paddle boarding, kayaking, hobiecat sailing, pedal boating and snorkeling; complimentary offering of scuba diving lessons (on-property); off-property sightseeing excursions including a glass-bottom boat trip and a catamaran sail, as well as nightly entertainment. Prize package is valid from May 1, 2018 – Dec. 15, 2018. There are no blackout dates, but booking is subject to space availability.
o Sugar Bay Barbados: Includes five (5) nights/six (6) days all-inclusive accommodations, which includes all meals and premium drinks at all property bars and restaurants, non-motorized watersports, land sports, entertainment, crèche, WiFi access, fully equipped 24-hour Fitness Center, two idyllic pools and a Jacuzzi, swim-up pool bar, tranquil escape in the bay and all tips, gratuities and hotel taxes. Blackout dates include the month of February 2018, the week of Christmas 2017, and Easter 2018.
The ARV for each of the trip, based on the Destination, is as follows:
• Club Barbados: $5,200
• Elegant Hotels – Turtle Beach by Elegant Hotels: $3,070
• Elegant Hotels – Waves Hotel & Spa by Elegant Hotels: $3,250
• Mango Bay Hotel: $3,150
• Sugar Bay Barbados” $3,900
The ARV is based on the winner having a Guest. ARV may vary from actual value, depending on date and point of departure, and whether or not the winner brings a Guest. The winner may not bring more than one (1) Guest. Any difference between stated and actual value shall not be awarded.
The total ARV of all Prizes awarded in the Sweepstakes is up to $76,960.00.
Each Guest must be at least 21 years old.
Except as set forth above, all trips must be taken within twelve (12) months of winner verification. Travel is subject to resort availability and must be booked at least six weeks (6) before departure. All Prize-related travel arrangements will be administered by respective Prize Administrators and are subject to change at Sponsor’s sole discretion. Blackout travel dates may apply. Hotel partner may include additional blackout dates. Subject to availability. All travel must be booked prior to departure. Prize travel is subject to capacity controls, availability, weather, seasonal influences, and certain other restrictions, all of which are subject to change. Each winner and his/her Guest will be required to travel on identical itineraries including the same departure date and return date. Each Guest must sign all documents requested by Sponsor within the required time period stated in the potential winner notification.
Air transportation and hotel accommodations must be taken together and cannot be taken separately. Guest must stay in the hotel room awarded to winner. No changes will be made to travel details once any element(s) of the travel arrangements have been booked, except at Sponsor’s sole discretion. All airline tickets issued in conjunction with a Prize are not eligible for upgrades, frequent flyer miles or any other promotional benefit. Neither Sponsor nor Prize Administrator will replace any lost or stolen tickets (including any event tickets or admission passes), travel vouchers or certificates or similar items once they are in the winner’s possession or in the possession of the Guest. Travel must be roundtrip. Prize Administrators will determine flight itinerary in its sole discretion. Once hotel and flight arrangements have been confirmed, no changes will be allowed except by Prize Administrators in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in these Rules and those set forth by Sponsor’s air travel prize supplier, as detailed in the passenger ticket contract issued by such supplier. If the winner elects to travel or partake in the Prize without a Guest, no additional compensation will be awarded to the winner.
All costs and expenses not specifically included herein are solely the winner’s responsibility as are all federal, state, and local taxes. A winner and his/her Guest are solely responsible for obtaining any desired or necessary travel documents (including government-issued photo identification and Passport with at least six  months validity remaining from the time of the trip). Each winner and Guest must be willing and legally able to travel internationally. Each winner and Guest hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance for any part of the Prize. It is the responsibility of a winner and his/her Guest to arrive at the designated gateway airport in time for each flight that is part of Prize.
Each winner and his/her Guest are responsible for all ground transportation from hometown to the airport of departure, all in-room charges (e.g., mini-bar, movies), telephone calls, all specialty dining and off site meals, alcoholic and off site beverages not expressly included in the Prize description above, gratuities, upgrades, personal incidentals, baggage fees, amenities, and any other fees and expenses not specifically mentioned in these Rules. Except as specifically described for an individual Prize, the following are also excluded in each Prize: spa services, off site excursions and tours, or other activities. Each winner will be required to provide a major credit card upon hotel check-in and all in-room charges will be charged to the credit card. Any damage to the room attributed to winner and/or his/her Guest will be the responsibility of winner.
Sponsor bears no responsibility if any event, element, or detail of a Prize is canceled, postponed, or becomes unavailable for any reason. Should any event, element, or detail of a Prize become unavailable, the Sponsor shall have no obligation to winner aside from providing the remaining portion of the prize, minus any unavailable event, element, or detail. Each winner and his/her Guest shall be subject to all terms and conditions printed on any ticket issues in conjunction with a Prize. In the event a winner and/or Guest is denied entry into any ticketed location or is removed or barred from any ticketed location for any other reason, Sponsor is not responsible and no further compensation or award will be provided.
Prize Conditions: All benefits and payments are personal to the winner and are not redeemable for cash and are neither assignable nor transferable.
Each winner is responsible for paying all taxes. The award of the Prize is subject to applicable withholding requirements. Each winner will receive an IRS Form 1099 reflecting the actual final retail value of his/her Prize.
Any portion of a Prize not accepted or used by a winner will be forfeited, and Sponsor shall not be responsible for any inability of winner to accept or use any portion of the prize for any reason. No substitution or transfer of a Prize except with Sponsor's permission or where required by law is allowed. If for any reason a Prize becomes unavailable, Sponsor may award a substitute prize of equal or greater value. Awarding of the Prize is subject to verification of eligibility and compliance with all rules. Allow 6-8 weeks from November 12, 2017 for administration of any Prizes awarded.
8. Limitations of Liability: Sponsor, Wendy Williams, Administrator, Fox Television Stations, Inc., Facebook, Inc., PrizeLogic, LLC, Prize Administrators, hotels and other entities associated with the Prizes, and each of their respective parents, related, affiliated and subsidiary companies, their advertising, promotion and web design agencies, all other entities involved in the creation, administration, or fulfillment of the Sweepstakes or the transmission of The Wendy Williams Show during the Sweepstakes Period and their respective successors, assigns, directors, officers, employees, agents and independent contractors (individually and collectively, “Releasees”) are not responsible for technical malfunctions of any kind, including but not limited to interrupted or unavailable network server or other connections; miscommunications; failed, partial, or garbled telephone or computer transmissions; jumbled, scrambled or misdirected entries or transmissions; telephone, electrical, network, computer hardware or software or program malfunctions, failures or difficulties; other errors, omissions, interruptions, or deletions of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes; or for any damage to any person's computer related to participating in the Sweepstakes. Additionally, Releasees are not responsible for illegible, unintelligible, late, lost or stolen Entries; incorrect or inaccurate Entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes; or for any technical or human errors which may occur in the processing of any Entries in the Sweepstakes. Any person attempting to enter using multiple e-mail addresses, multiple identities or any other device or artifice to enter multiple times or to interfere with the proper administration of the Sweepstakes will be disqualified from participation in the Sweepstakes. Additionally, any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Sweepstakes will void any attempted participation effected by such methods and result in the disqualification of the individual utilizing the same. Administrator reserves the right to disqualify any individual found or suspected, in its sole opinion, to be tampering with the operation of the Sweepstakes; to be acting in violation of these Rules; or to be acting with the intent to disrupt the normal operation of the Sweepstakes. If, in the judgment of Administrator, the Sweepstakes is compromised by viruses, bugs, non-authorized human intervention or other causes that corrupt, or may corrupt the administration, security, fairness or intended proper play of the Sweepstakes, so that it cannot be conducted as originally planned, Administrator has the right, in its sole discretion, to modify the Rules or to cancel, modify, terminate or suspend the Sweepstakes (except where prohibited by law); and in such event, to select the winners by such method as Sponsor in its sole discretion shall consider equitable. RELEASEES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AS REGARDS ANY PRIZE OR ANY COMPONENT OF A PRIZE. AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, ENTRANTS SHOULD CHECK THEIR LOCAL LAWS TO LEARN IF ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY APPLY TO THEM.
10. Governing Law: The terms of this Sweepstakes shall be governed by, construed under, interpreted and enforced in accordance with the laws of the State of New York, U.S.A. Any dispute or claim arising out of or in connection with this Sweepstakes or these Rules or in connection with the use of the Prize shall be submitted exclusively to the District Court in and for New York County, New York, U.S.A. (or if the District Court shall not have jurisdiction over the subject matter thereof, then to such other court sitting in such county having subject matter jurisdiction) for trial and determination by the court sitting without a jury. All Entrants consent to the jurisdiction of such court and to the service of process outside the State of New York pursuant to the requirements of such court in any matter submitted to it, and they expressly waive the right to a jury trial.
THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR SWEEPSTAKES ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED. For the avoidance of doubt and notwithstanding anything to the contrary in this Section 10, the rights of the Sponsor, and its related and affiliated companies and all entities associated with the administration of the Sweepstakes are not limited in any manner under this Section 10.
11. Release: By participating, each Entrant releases and agrees to indemnify and hold harmless Releasees from and against any and all costs, claims, damages, or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to participation in the Sweepstakes, or arising out of participation in any Sweepstakes or Sweepstakes-related activity, or the receipt, use, or misuse of a prize. Except where prohibited or restricted by law, winner’s entry and/or acceptance of a Prize constitutes winner’s agreement and consent for Sponsor and its successors, assigns, transferees, licensees, and sublicensees to use and/or publish the winner’s full name, city and state of residence, photographs or other likenesses, entry, pictures, portraits, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Sweepstakes or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade, syndication and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, digital or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval, which rights winner acknowledges and agrees Sponsor can transfer, assign, license, and/or sublicense.
12. Winner’s List: To obtain the winners’ names, send a properly stamped self-addressed envelope, to be received by January 11, 2018, to the Wendy’s Tropical Punch Sweepstakes winners List, c/o Talk WW Production, Inc., 226 West 26th Street, 4th Floor, New York, New York 10001. Winners’ lists will be available until January 11, 2018.