Ellensburg Rodeo Sweepstakes

ELLENSBURG RODEO SWEEPSTAKES

OFFICIAL RULES

Important: Please read these Official Rules before entering this Sweepstakes (the “Sweepstakes”).

By participating in this Sweepstakes, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. PURCHASE OR PAYMENT WILL NOT INCREASE ODDS OF WINNING.

Sweepstakes void where prohibited. Subject to applicable federal, state, and local laws.

1. Eligibility: The Sweepstakes is open only to legal residents of Oregon and Washington who are at least 18 years old (or the age of majority in their jurisdiction of residence, whichever is older) upon entry. Directors, officers, members, managers, and employees of Spokane Management Company dba Wenspok Companies (“Sponsor”), Wenspok Resources, LLC dba Wendy's, Quality Is Our Recipe, LLC, ShortStack, Meta Platforms, Inc., and any of their respective parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising, promotional, public relations, and fulfillment agencies, consultants, legal counsel, website providers, web masters, and immediate family members (spouse, parent, child, sibling, grandparent, and “step” child, wherever they may live) of each are not eligible to win any prize. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE. To be eligible to win a prize, entries must be completed and received by Sponsor in the manner and format designated below and otherwise comply with these Official Rules. SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH, META PLATFORMS, INC.

2. Sweepstakes Period: The Sweepstakes starts at 12:00:00 a.m. PT on 07/01/2024 and ends at 11:59:59 p.m. PT on 07/28/2024 (the “Sweepstakes Period”). Sponsor’s or its designee’s computer is the official time-keeping device for the Sweepstakes. All entries must be received during the Sweepstakes Period unless otherwise stated in these Official Rules and meet other requirements in these Official Rules to be eligible to win a prize. Proof of submission does not constitute proof of receipt by Sponsor.

3. How to Enter: To enter, complete the steps as instructed for any one of the following methods of entry during the Sweepstakes Period:

a. Instagram Method of Entry: (i) Log-in or join Instagram at www.instagram.com and set your account to “public” (joining Instagram is free); (ii) post a selfie holding or eating a Wendy’s Frosty; and (iii) tag @wenspok and use the hashtags #ERSweepstakes and #Wendys in your post; or

b. Free Method of Entry: Mail a 3 x 5 card with your name, address, and e-mail address to Wenspok Companies, Attn: Ellensburg Rodeo Sweepstakes, 9503 E Montgomery Ave, Spokane Valley, WA 99206. P.O. Boxes are not permitted. Mail-in entries must be postmarked during the Sweepstakes Period and received within 7 days of the end of the Sweepstakes Period.

By submitting an entry as instructed above (“Submission”), you agree that your Submission conforms to the Guidelines and Restrictions below. Sponsor may choose to remove any Submission or disqualify you from the Sweepstakes if it believes that your Submission fails to conform with the Guidelines and Restrictions. Upon completion of all required entry steps and compliance with the Guidelines and Restrictions, you will automatically receive one entry into the Sweepstakes.  

Limit: ONE SUBMISSION PER PERSON PER SWEEPSTAKES PERIOD, REGARDLESS OF METHOD OF ENTRY. Any attempt to obtain additional entries, including through multiple or duplicate accounts may result in disqualification.

Submission Guidelines and Restrictions:

a. Your Submission must not include or refer to untruthful, incomplete, inaccurate or misleading information.

b. Your Submission must be your original creation and owned 100% by you, or, alternatively, you must have the full rights to grant the license and other rights that you grant to Sponsor in Section 9 below.

c. Your Submission must not (in Sponsor’s discretion): (i) violate any third-party rights, including copyrights, trademark rights, or rights of privacy and publicity; (ii) contain disparaging or defamatory statements; (iii) include threats to any person, place, business, or group; (iv) be obscene, offensive, or indecent; (v) depict any risky behavior; (vi) contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; or (vii) contain unauthorized third-party trademarks or logos.

d. You represent and warrant that: (i) the Submission does not violate any applicable law, rule or regulation; (ii) to the extent the Submission depicts any individual or features the voice or other qualities of any individual, you are the individual pictured, heard, or otherwise featured in the Submission, or, alternatively, that you have obtained written permission from each person appearing in the entry to grant the rights to Sponsor described in these Official Rules, and will make written copies of such permissions available to Sponsor upon request; (iii) the Submission complies with the Meta Platforms, Inc. and Sponsor website terms of use and policies; and (iv) the Submission complies with all requirements of these Official Rules.

4. Identity of Entrant: All Submissions must be submitted by the individual entrant. Bulk or automated Submissions will be disqualified (including entries made using any script, macro, bot, or promotional service). Multiple participants are not permitted to share the same e-mail or social media account for entry. Any attempt to obtain additional entries through fraud or other illegitimate means will result in disqualification, at Sponsor’s discretion.

If there is a dispute about the identity of the entrant, Submissions will be declared made by the authorized account holder of the e-mail address or social media account submitted or associated with the Submission. An “authorized account holder” means (i) the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address or (ii) if no e-mail address is associated with the Submission, the natural person assigned to the primary e-mail address designated on the social media account submitted or associated with the Submission. A potential winner may be required to provide Sponsor with proof that a potential winner is the authorized account holder of the account associated with the winning Submission.

5. Selection and Notification of Winner: On or about two days after the end of the Sweepstakes Period, Sponsor will select the names of three potential winners of the prizes in a random drawing from among all eligible Submissions for such Sweepstakes Period in a random drawing from among all eligible Submissions for the Sweepstakes Period. The odds of winning depend on the number of eligible entries received.

Sponsor will notify each potential winner via e-mail or direct message on or about two days after the applicable Sweepstakes Period. To claim a prize, the potential winner must follow the instructions contained in the notification. To the fullest extent permitted by applicable law, Sponsor may require each potential winner to sign and return, within seven days of being notified by Sponsor, an affidavit of eligibility, liability and publicity release, and other legal, regulatory or tax-related documents required at Sponsor’s discretion (“Affidavit and Related Documents”) in order to claim a prize. If (i) the attempted notification is returned as undeliverable without a forwarding address; (ii) the Affidavit and Related Documents are not signed and returned within seven days of the date the notification e-mail is sent by Sponsor; or (iii) if potential winner is otherwise unable to accept the prize as stated, the prize will be forfeited and may be awarded to an alternate winner. Only three alternate drawings will be held for the/each prize, after which the remaining prize(s) will not be awarded.). If, by reason of a print or other error, more prizes are claimed than the number specified in these Official Rules, alternate winner(s) will be selected in accordance with the above selection process from among all valid claimants to award the prize(s) available.

Verification of Potential Winner: EACH POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A PRIZE WINNER UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE AND NO FURTHER ACTION IS NEEDED.

6. Prize: Three winners will each receive four admission tickets to the Ellensburg Rodeo on 08/31/2024 and four admission tickets to the Xtreme Bulls on 08/31/2024 – tickets include same day fair admission – for the Sweepstakes Period. Approximate Retail Value (“ARV”) of each prize: $304.00. Total ARV of all prizes: $912.00.

Prize Restrictions: Prizes are not transferable. No substitutions or exchanges of any prize (including for cash) will be permitted, except that Sponsor reserves the right to substitute a prize of comparable or greater value for any prize. Only the number of prizes stated in these Official Rules are available to be won in the Sweepstakes. LIMIT ONE PRIZE PER PERSON PER SWEEPSTAKES PERIOD. Sponsor will not replace any lost or stolen prizes or prize components. Except for applicable manufacturer’s standard warranties, the prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including any implied warranty of merchantability or fitness for a particular purpose). Any unclaimed or unused prize (or portion of the prize package) will remain the property of Sponsor.

ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER.

7. Disclaimer: Sponsor; Meta Platforms, Inc.; Shortstack; Wenspok Resources, LLC dba Wendy’s; Quality Is Our Recipe, LLC; and any of their respective parent companies, subsidiaries, affiliates, professional advisors, consultants, contractors, legal counsel, public relations firms, advertising, fulfillment and marketing agencies, and any of their respective directors, officers, members, managers, and employees (collectively, the “Released Parties”) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) phone, electronic, hardware, software, network, Internet, or other computer or communications-related malfunctions or failures; (c) any Sweepstakes disruptions, injuries, losses or damages caused by events beyond the reasonable control of Sponsor or the Released Parties; or (d) any printing or typographical errors in any materials associated with the Sweepstakes.

8. General Release and Limitation of Liability: By entering the Sweepstakes, you agree to release Sponsor and all Released Parties from any liability whatsoever and waive any and all causes of action, whether under a theory of contract, tort (including negligence), warranty or other theory, arising out of or in connection with the Sweepstakes or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including claims for costs, losses, personal injuries, death, or damages of any kind, such as damage to or destruction of property or damages related to rights of publicity or privacy, moral rights, defamation or portrayal in a false light, whether intentional or unintentional).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SPONSOR OR THE RELEASED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR PARTICIPATION IN THE SWEEPSTAKES OR USE OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE SWEEPSTAKES OR ANY PRIZE, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE RELEASED PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE SWEEPSTAKES OR USE OF OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE SWEEPSTAKES OR ANY PRIZE EXCEED $10. THE LIMITATIONS IN THIS SECTION WILL NOT EXCLUDE OR LIMIT LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS PURCHASED FROM THE SPONSOR, OR FOR THE RELEASED PARTIES’ GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FOR FRAUD.

9. Use of Name, Likeness, etc.: To the fullest extent permitted by applicable law, entry into the Sweepstakes constitutes permission to use your name, hometown, biographical data, aural and visual likeness and prize information for advertising, marketing, and promotional purposes without further permission or compensation (including in a public-facing winner list). As a condition of being awarded any prize, to the fullest extent permitted by applicable law, winner may be required to execute a written consent, confirming Sponsor’s right to use winner’s name, hometown, biographical data, aural and visual likeness and prize information for advertising, marketing, and promotional purposes without further permission or compensation. By entering this Sweepstakes, you consent to being contacted by Sponsor for any purpose in connection with this Sweepstakes.  Your Submission, including name, username, and email (as applicable), will only be used by the Released Parties for winner selection and verification.

10. License to Submission: By entering the Sweepstakes and providing your Submission in connection with the Sweepstakes, you hereby grant to Sponsor a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense your Submission, or any portion thereof (including your name and likeness as shown and conveyed in the Submission), in connection with the Sweepstakes and for other advertising, marketing, and promotional purposes, and to incorporate Submissions, in whole or in part, into other works in any manner, form, media or technology now known or later developed. Sponsor will have no obligation to publish or use or retain any Submission you submit or to return any such Submission to you. You agree that it is your sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in this paragraph. You agree to take, at Sponsor's expense, any further action (including execution of affidavits, tax forms, and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor's rights as set forth above in this paragraph. You will not be entitled to compensation for any use by Sponsor, or its agents, licensees or assignees, of your Submission.

11. Winner List; Rules Request: For a copy of the winner list, send a stamped, self-addressed, business-size envelope for arrival after 09/02/2024 and before 09/02/2025 to the address listed in Section 15 below, Attn: Ellensburg Rodeo Sweepstakes. To obtain a copy of these Official Rules, visit www.wenspokcompanies.com/promotions or send a stamped, self-addressed business-size envelope to the address listed in Section 15 below, Attn: Ellensburg Rodeo Sweepstakes. VT residents may omit return postage.

12. Intellectual Property: Wendy’s and Frosty are registered trademarks of Quality Is Our Recipe, LLC . The Sweepstakes and all accompanying materials are copyright © 2024 by Spokane Management Company dba Wenspok Companies . All rights reserved.

13. Disputes: YOU AGREE THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES OR ANY PRIZE AWARDED WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WASHINGTON OR THE APPROPRIATE STATE COURT LOCATED IN SPOKANE, WASHINGTON. THESE OFFICIAL RULES ARE GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON, WITHOUT REGARD TO CHOICE OF LAW OR CONFLICT OF LAWS RULES. YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS.

14. General Conditions: By participating in the Sweepstakes, you agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its discretion, and to modify, suspend or cancel the Sweepstakes or any entrant's participation in the Sweepstakes should viruses, bugs, unauthorized human intervention, pandemics, public disruptions, or other causes beyond Sponsor's reasonable control affect the administration, security or proper play of the Sweepstakes, or Sponsor otherwise becomes (in its discretion) incapable of running the Sweepstakes as planned. Entrants who violate these Official Rules, violate any law, rule, or regulation in connection with participation in the Sweepstakes, tamper with the operation of the Sweepstakes or engage in any conduct that is detrimental or unfair to Sponsor, the Sweepstakes, or any other entrant (as determined in Sponsor's discretion) are subject to disqualification from the Sweepstakes. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Sweepstakes. Sponsor reserves the right to disqualify any entries received that contain inappropriate or offensive content. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. The use of the terms “include” or “including” in these Official Rules is illustrative and not limiting.

15. Sponsor: Spokane Management Company dba Wenspok Companies, 9503 E Montgomery Avenue, Spokane Valley, WA 99206-4115.

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