Wendy’s Tropical Punch Sweepstakes
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.
2. Administrator: Woobox, LLC (“Administrator”), 810 Main St., Vancouver, WA 98660 is the independent agency administering the selection of winners. Prize Logic, LLC, 25200 Telegraph Road, Suite 405, Southfield, MI 48033, Liberty Travel Inc., 5 Paragon Drive, Montvale, NJ 07645, Heron Development, Corp., Torre Generali Piso 19, Av Samuel Lewis Panama, Panama, International Hotel Reservations, S.A. (“IHR”), 8400 NW 33 Street, Suite 403, Doral, FL 33122, and Royal Caribbean Cruises Ltd. d/b/a Royal Caribbean International, 1050 Caribbean Way, Miami, FL 33132 are the independent agencies administering the Prizes (collectively, the “Prize Administrators”).
3. Eligibility: Wendy's Tropical Punch Sweepstakes (the “Sweepstakes”) (the “Sweepstakes”) is open only to persons eighteen (18) years of age or older as of the date of entry, who are permanent legal residents of one (1) of the forty-eight (48) contiguous United States or the District of Columbia. Residents of Alaska and Hawaii are not eligible to enter or win the Sweepstakes. Entrants 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, PrizeLogic, LLC, 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 Promotion 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”). Potential winner (“Winner”) must have access to a landline telephone and be available to speak between the hours of 7:00 a.m. Pacific Time (“PT”) and 8:00 a.m. PT weekdays and 11:00 a.m. PT and 12:30 p.m. PT on Mondays and Thursdays during the Play Period (defined below). 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 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 at January 25, 2017 at 12:00:00 a.m. PT and ends on February 19, 2017 at 11:59:59 p.m. PT ("Sweepstakes Period"). Administrator’s computer will be the official clock for this Promotion. During the Sweepstakes Period, there will five (5) Periodic Sweepstakes Periods as set forth below and a separate sweepstakes will be conducted during each of the five (5) Periodic Sweepstakes Periods (individually, a “Periodic Sweepstakes”). Entrants can only enter the Sweepstakes during a Periodic Sweepstakes Period (defined below). All times in the Sweepstakes refer to Pacific Time (“PT”).
Note: Non-winning entries from one Periodic Sweepstakes Period will roll over into future Periodic Sweepstakes Periods.
5. How to Enter: : During the Sweepstakes Period, an eligible entrant (“Entrant”) may register on-line by going to www.facebook.com/wendyshow (the “Website”). If the Entrant is logging on to the Website for the first time, he/she will then be taken to a registration page where the Entrant must complete all of the requested information, including without limitation, enter and confirm his/her valid e-mail address, enter his/her complete first and last name (no initials), city and state of residence, mobile telephone number, affirm access to landline telephone number during Play Period (defined below), affirm that he/she is at least eighteen (18) years old, and agree to these Rules. Entrants will also be asked to upload a current photograph of him/herself only. Incomplete or inaccurate entries will be disqualified. 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. After completing registration, the Entrant will receive one (1) entry into the applicable Period Sweepstakes.
Limit one (1) entry per Entrant per day during the Sweepstakes Period. A day begins at 12:00:00 a.m. PT and ends at 11:59:59 p.m. 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 these Rules. The Sweepstakes is subject to all applicable federal, state, and local laws.
6. Winner Selection and Notification of Potential Winner: Administrator and/or Sponsor will randomly select two (2) Potential Winners from all eligible entries received during Periodic Sweepstakes Period 1; five (5) Potential Winners each from all eligible entries received during Periodic Sweepstakes Periods 2, 3, and 4; and three (3) Potential Winners from all eligible entries received during Periodic Sweepstakes Period 5 on or around the Random Drawing Dates set forth in the chart in Section 4, for a total of twenty (20) Periodic Sweepstakes winners for the entire Sweepstakes Period. Each potential Winner must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Each Potential Winner will be notified by telephone or email 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 during the Play Period. Once qualified, each Winner will be called during the taping of The Wendy Williams Show scheduled to air on or about February 2, 2017 at 7:00 a.m. PT through March 1, 2017 at 11:00 a.m. PT (each, a “Play Period”). During the relevant Play Period, a Sweepstakes challenge question will be posed to the Potential Winner to determine which Prize, as described in Section 7 below, the Winner will receive. Each Potential Winner’s name will be announced on air according to the chronological order in which each selected Potential Winner was randomly selected per Periodic Sweepstakes Period. A Potential Winner must be available by landline telephone during the designated Show episode that the Sponsor has provided to that Potential Winner.
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 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 as described in paragraph 6. 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 corresponding Periodic Sweepstakes. 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. Each Entrant may only win one (1) prize during the Sweepstakes Period. The odds of being selected as a Potential Winner depends upon the number of eligible entries received during the relevant Periodic Sweepstakes, except for Potential Winner selected during the Wendy Williams show whose odds of winning depend on the number of eligible entrants attending the taping of the Wendy Williams Show. 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, as set forth in Section 6. One (1) prize will be awarded during each episode of the Wendy Williams Show during the Play Period. Each prize will have an approximate value ranging from Two Hundred Fifty Dollars ($250.00) to an ARV of Five Thousand One Hundred and Sixteen Dollars ($5,116.00) 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 (:15s) seconds as further described below, or one of the Prizes listed in the chart below consisting of a trip (Trip details and restrictions set forth below) or Grand Prize (as defined below), if a potential Winner answers the challenge question correctly (collectively the “Prize Value”). All monetary values expressed herein are in U.S. Dollars. No more than one (1) Prize will be awarded on air during an episode of The Wendy Williams Show during the Play Period.
Prior to each day of the Play Period, a member of The Wendy Williams Show staff will randomly select one (1) of the twenty (20) Prizes following corresponding prize values (the “Prize Values”) via a random drawing:
The Potential Winner for that episode of the Play Period, who must be available by landline telephone, will play for the Prize randomly selected by the Wendy staff member prior to the respective Play Period. The 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 Winner on a display of the numbers from one (1) to twenty (20). The Prize selected will appear behind the number selected and may be displayed on the monitor wall of the studio or otherwise. Wendy will also announce the Prize for that day. Displaying the Prize on the monitor wall and announcing it is merely for illustrative purposes; the actual Prize won will be determined solely by the Wendy staff member in the random drawing. If the Prize selected through random drawing and that is on display and announced during the Play Date 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. If the Potential Winner answers the challenge question correctly that Wendy asks, he/she will receive the Prize set forth in the table above that is chosen by Sponsor for the respective Play Period. 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 in which potential Winner is playing. Potential Winner will have fifteen seconds (:15s) total 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 (:15s) seconds, as determined by Sponsor or Administrator it is sole and absolute discretion, the Potential Winner will not win the Prize set forth in the table above selected for the respective Play Period, but instead will win a gift card or similar cash alternative valued at Two Hundred Fifty Dollars ($250.00). Regardless of the Prize shown on the Wendy Williams Show during the Play Period, if the winner answers the challenge question incorrectly, the Prize available to win is a gift card or similar cash alternative valued at $250. 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 during a Play Period, Sponsor reserves the right to award the Prize for that Play Period during the taping or airing or a later The Wendy Williams Show or at another time determined by Sponsor at its sole discretion. 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. Limit of one (1) Prize per person/household. 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 the gift card is subject to the terms and conditions set forth thereon which shall govern the use of the gift card. Use of the 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. Winner must protect the gift card and treat the gift card as he/she would any other valuable document. The gift card will not be redeemed or exchanged for cash, except where required by law. The 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. The total ARV of all Prizes awarded in the Sweepstakes is up to Eighty-Two Thousand Six Hundred Dollars ($82,600.00), depending on the Prize Values selected and whether Potential Winners correctly answers the challenge questions during the respective Play Periods. 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.
• Roundtrip coach air transportation for Winner and one (1) Guest between a major airport closest to Winner’s residence (as determined by Prize Administrator in its sole discretion) and an airport closest to the Prize destination (“Destination”), except Royal Caribbean which depart from one of the following ports: Miami, Ft. Lauderdale, Tampa, Port Canaveral, New Jersey or Galveston; and
• Four (4) nights/five (5) days single room, double-occupancy hotel accommodations at the Destination, all inclusive, which includes the room rate, taxes tips, food and beverages, (except the Royal Caribbean International which is five (5) to seven (7) nights Caribbean sailing in a double-occupancy stateroom (length depends on the cruise selected with the cruise certificate), which includes all standard accommodations. Alcohol, excursions, and taxes not included with redemption of cruise certificate).
The ARV for each of the trip portion of the Destination Prizes is as follows (total ARV of each Destination Prize will be the value below):
• Melia Nassau Beach Resort, Bahamas: $3,219.00
• The Level at Melia Caribe Tropical, Dominican Republic: $2,835.00
• Paradisus Punta Cana Resort, Dominican Republic: $3,335.00
• Paradisus Palma Real Resort, Dominican Republic: $3,785.00
• Sanctuary Cap Cana Resort by AlSol, Dominican Republic: $4,245.00
• AlSol Luxury Village, Dominican Republic: $3,245.00
• AlSol Tiara Collections, Dominican Republic: $3,915.00
• AlSol Del Mar Cap Cana, Dominican Republic: $3,335.00
• Moon Palace Jamaica Grande, Montego Bay, Jamaica: $5,116.00
• Royal Caribbean International Cruise Certificate: $4,000.00
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 Guest must be at least 18 years old, except the Guest for Royal Caribbean Cruise must be at least 21 years old.
The Prize, if won, must be taken by February 20, 2018, except for Royal Caribbean Cruise, which must be taken within the year of 2017. Moon Palace Jamaica Grande, Montego Bay, Jamaica trip 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 Dates for Moon Palace Jamaica Grande, Montego Bay, Jamaica are as follows: April 9 to 16, 2017, November 20 to 26, 2017, and December 24, 2017 to January 3, 2018. There may be Blackout travel dates. 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. Winner and his/her Guest will be required to travel on identical itineraries including the same departure date and return date. 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 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.
Winner and his/her Guest are responsible for all ground transportation from hometown to the airport of departure and airport of arrival and hotel, all in-room charges (e.g., mini-bar, movies), telephone calls, meals, beverages, gratuities, upgrades, personal incidentals, baggage fees, amenities, and any other fees and expenses not specifically mentioned in these Rules. 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.
All costs and expenses not specifically included herein are solely the Winner’s responsibility as are all federal, state and local taxes. 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 6 months validity remaining from the time of the trip). Winner and Guest must be willing and legally able to travel internationally. 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 the Winner and his/her Guest to arrive at the designated gateway airport in time for each flight that is part of Prize.
Winner and his/her Guest are responsible for all ground transportation from hometown to the airport of departure and airport of arrival and hotel, all in-room charges (e.g., mini-bar, movies), telephone calls, all specialty dining and off site meals, alcoholic and off site beverages, gratuities, upgrades, personal incidentals, baggage fees, amenities, and any other fees and expenses not specifically mentioned in these Rules. The following are also excluded in each Prize: spa services, off site or off shore excursions and tours, yacht rentals, and dolphins swims. Alcohol and taxes are also excluded in redemption of Royal Caribbean Cruise Certificate. 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 Prize is canceled, postponed or becomes unavailable for any reason. Should any event, element or detail of 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. Winner and his/her Guest shall be subject to all terms and conditions printed on any ticket issues in conjunction with Prize. In the event the Winner and/or Guest is denied entry into any ticketed location or is removed or barred from any ticketed location for any other reason, the 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.
Winner is responsible for paying all taxes. The award of the Prize is subject to applicable withholding requirements. 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 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. Award of the Prize is subject to verification of eligibility and compliance with all rules. Allow 6-8 weeks from March 1, 2017 for administration of any prizes awarded.
8. Internet/Limitations of Liability: Sponsor, Wendy Williams, Administrator, Fox Television Stations, Inc., Facebook, Inc., PrizeLogic, LLC, Prize Administrators, 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.
12. Winner’s List: To obtain the Winners’ names, send a properly stamped self-addressed envelope, to be received by March 31, 2017, 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 March 31, 2017.