Uber Eats Wendy’s Never Stop Gaming Sweepstakes

OFFICIAL RULES

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR TO WIN.

A PURCHASE DOES NOT IMPROVE ONE’S CHANCES OF WINNING.

VOID WHERE PROHIBITED BY LAW.

Eligibility: The Uber Eats Wendy’s Never Stop Gaming Sweepstakes (“Sweepstakes”) is only open to permanent legal residents of the fifty (50) states of the United States ("U.S.") and the District of Columbia (“D.C.”) who are currently, physically located and residing therein (excluding Guam, Puerto Rico, and all other U.S. foreign territories and possessions). All entrants must be eighteen (18) years of age or older as of December 7, 2020. Entrants must have either a valid Social Security number and/or a valid U.S. Individual Taxpayer Identification Number. Employees of Wendy’s International, LLC, Wendy’s National Advertising Program, Inc., and Quality Is Our Recipe, LLC (collectively, “Wendy’s”), Uber Technologies, Inc., (“Sponsor”), Kamp Grizzly, Enteractive Solutions Group, Inc., (“Sweepstakes Administrator”), their advertising or promotion agencies, those involved in the production, development, implementation, or handling of the Sweepstakes, and any agents acting for the above entities, and their respective parent companies, officers, directors, subsidiaries, franchisees, affiliates, service providers, prize suppliers or any other person or entity associated with the Sweepstakes (collectively “Sweepstakes Entities”) are not eligible to enter the Sweepstakes. Immediate family members (i.e. a spouse, domestic partner, child, sibling, or parent) and/or any person, whether related or not, living in the same household of an individual affiliated with a Sweepstakes Entity are also ineligible to enter the Sweepstakes.

Sweepstakes Period: For purposes of the Sweepstakes, all times refer to Eastern Time (“ET”) and the Sponsor’s computer is the official clock. The Sweepstakes begins at 12:00:00 a.m. ET on December 7, 2020 and ends at 11:59:59 p.m. ET on December 12, 2020 (“Sweepstakes Period”). The Sweepstakes will award 6,000 (six thousand) prizes as more fully described below.

How to Obtain a Pin: To participate, entrants must first obtain a pin code (“Pin”), while supplies last, by visiting Uber Eats and placing an order from the Wendy’s Never Stop Gaming Menu. Entrants will receive an Uber Eats Wendy’s Never Stop Gaming Sweepstakes Scratch Off Card delivered with the order. To enter the Sweepstakes by this method, an Uber Eats account is required, and can be obtained at no cost at uber.com or by downloading the app from the appropriate app store. 400,000 Pins will be printed. Last day to obtain a Pin (if available) via an Uber Eats order is at 11:59:59 p.m. ET on December 12, 2020. To receive a Pin for free by email, send your request to info@enteractivesolutions.com with the subject line: Uber Eats Wendy’s Never Stop Gaming Sweepstakes and the body of the email must include the following information: First Name, Last Name, Complete Home Address (no P.O. Boxes), and Phone Number (“Email Entry Information”). Free Pin requests sent via email must be received by December 12, 2020 at 11:59:59 p.m. ET. Free Pin requests received after this deadline will be voided and will not be eligible to receive a free Pin by email. Limit one (1) free Pin request per sent email. Limit ten (10) Pins per person/email address total regardless of the method obtained as there is a limit of ten (10) entries into the Sweepstakes per person/email address.

How to Enter: An entrant must first go to http://www.ubereatsprizepass.com (“Website”) to enter to see if he/she is an instant winner. Then entrants must follow the instructions to complete and thereafter submit the entry form by providing the following information: First Name, Last Name, Complete Mailing Address (no P.O. Boxes), Email Address, Phone Number, Date of Birth, and Pin (“Online Entry Information). After completing and submitting the Entry Information, said entrant will then receive one (1) entry into the random drawing and see if he/she is an instant winner (“Entry”). Each Pin is unique and will only result in one (1) Entry. If an entrant is an instant winner, he/she will be notified of his/her winning status immediately after entering and the entrant will be prompted with instructions for redemption on the Website. The number of instant win prizes randomly computer-generated winning times will be programmed during the Sweepstakes Period (“Winning Instant Win Times”). The first entrant to enter after one of the predetermined Winning Instant Win Times will be declared an instant winner. If all instant win prizes have been awarded prior to the end of the Sweepstakes Period, a message stating such will be clearly posted on the Website and no additional instant win prizes will be awarded. The last day to submit an Entry and input a Pin at the Website is 11:59:59 p.m. ET on December 15, 2020.

All required Email Entry Information and/or Online Entry Information (collectively “Entry Information”) must be completed in full, be accurate, and valid. The Entry Information must match the information of the entrant that completed the act of physically entering the Sweepstakes. A minor is defined as a resident of Alabama or Nebraska who is under nineteen (19) years of age, a resident of Mississippi who is under twenty-one (21) years of age, or anyone who is under the age of eighteen (18) in the remaining forty-seven (47) states (“Minor”). Limit ten (10) Entries per person/per email address throughout the Sweepstakes Period. The Website may not be accessible from all mobile phones, handheld devices, and/or tablets. If an entrant experiences any issues entering, he/she should access the Website from a desktop or laptop computer. If entrants use a web-enabled mobile device to participate, data rates may apply (entrants should contact their service provider for data rates/plans). Entrants should use care and not drive or operate machinery while entering the Sweepstakes. Entries in excess of the stated limits will be disqualified. Proof of submitting an Entry will not be deemed by Sponsor as proof of receipt or entry into the Sweepstakes. Any attempt by an entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations, logins, or any other methods other than described herein, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void that entrant’s Entries and that entrant may be disqualified.

Prizes/Odds of Winning: Twenty-five (25) grand prizes, twenty-five (25) first prizes, twenty-five (25) second prizes, and twenty-five (25) third prizes (collectively referenced as “Tiered Prizes”) and five thousand nine hundred (5,900) instant win prizes will be awarded in this Sweepstakes as more fully described in the below prize chart. Actual brand/model of a prize is determined at Sponsor’s sole discretion and subject to availability.

Tiered Prize Chart

Quantity

Approximate Retail Value (“ARV”)

Next Generation Game Console (Grand Prize)

25

$499.00 each

Herman Miller x Logitech Chair (First Prize)

25

$1,495.00 each

$1000 Uber Eats Gift Card (Second Prize)

25

$1,000.00 each

Premium Gaming Headset (Third Prize)

25

$299.99 each

Total ARV of all Tiered Prizes: $82,349.75.

Instant Win Prize Chart

Quantity

ARV

Wireless Controller Type 1

200

$69.99 each

Media Remote

100

$29.99 each

Gamer Pullover Hoodie with Patches

500

$90.00 each

Custom Slides

500

$20.00 each

Gamer Sweatpants

500

$50.00 each

Pack of Glasses, Gloves, Hand Warmer and gum

1000

$87.75 each

MiiR Bottle

1000

$29.95 each

Branded Console Gift Cards

500

$50.00 each

Branded Console Online Subscriptions

100

$59.99 each

Uber Eats Gift Cards

1500

$10.00 each

Total ARV of all instant win prizes: $260,696.

Total ARV of all prizes: $343,045.75. Odds of winning a Tiered Prize depends on the total number of eligible Entries received throughout the Sweepstakes Period. Odds of winning an instant win prize are 1:400,000. Odds of winning an unclaimed instant win prize (as outlined below) depends on how many instant win prizes are claimed/awarded throughout the Sweepstakes Period. Limit one (1) Tiered Prize and one (1) Instant Prize per person/family/household for the entire Sweepstakes Period.  Gift card cannot be exchanged/redeemed for cash or combined with any other offer and is subject to stated terms and conditions. All expenses associated with the receipt or use of a prize not specifically mentioned as being included (e.g. any requested upgrades/options) are excluded and is the sole responsibility of each winner. No cash equivalent for prize(s) will be available. Prizes are not transferable. However, Sponsor may, in its sole discretion, choose to substitute a prize of equal or greater value due to prize unavailability or for any other reason. Sponsor reserves the right, in its sole discretion, to replace any prize with a similar version; but, in such event, Sponsor will continue to use the value of the “old” (i.e., replaced) item for purposes of calculating the ARV. If a winner is a resident of a jurisdiction that deems him/her to be a Minor, prize will be awarded in the name of his/her parent/legal guardian. As applicable, prize(s) and prize notification(s) will only be sent to U.S. addresses within the fifty (50) states of the U.S. (including D.C.). Any depiction of prize(s) in promotional materials or otherwise, is for illustrative purposes only. All federal, state or other tax liabilities (including but not limited to income taxes) arising from participation in the Sweepstakes or award of any prize(s) will be the sole responsibility of the winner(s). If prize value or a combined prize value is $600 or more, winner(s) will be issued an IRS Form 1099-MISC from the Sponsor or Sponsor’s designee for the total ARV of the prize won (as stated herein) in the calendar year won. Final eligibility for the award of any prize is subject to eligibility verification, as set forth in these Official Rules. The Sweepstakes Administrator is not the supplier or guarantor of any prize.

Drawings: The potential winners for the Tiered Prizes will be randomly selected in a drawing on or about December 18, 2020 from among all eligible Entries received for the entire Sweepstakes Period (“Drawing Date”). Any instant win prize(s) not won during the Sweepstakes Period will be awarded via a random drawing from among all eligible Entries on or about January 4, 2021 (“Second Chance Drawing Date”). All drawings will be randomly conducted by the Sweepstakes Administrator, an independent compliance organization.

Notification/Verification: The potential Tiered Prize winner(s) will be notified via telephone by the Sweepstakes administrator at the phone number provided on his/her Entry within approximately two (2) weeks of the Drawing Date. If a potential winner is from a state that deems him/her to be a Minor, his/her parent or legal/guardian will be notified on his/her behalf. Sweepstakes Administrator will make three (3) phone call attempts within a period of two (2) business days to reach each potential Tiered Prize winner. If a potential Tiered Prize winner cannot be reached after three (3) phone call attempts within two (2) business days; if he/she is found to be ineligible; if he/she does not comply with these Official Rules; or if his/her prize or prize notification is returned as undeliverable, potential Tiered Prize winner will be disqualified and an alternate potential winner of such prize may be selected in Sponsor’s sole discretion. The potential Tiered Prize winner(s) will be required to sign and return by email or fax an original, unmodified Affidavit of Eligibility, a Liability Release, (where legal) a Publicity Release (collectively “Affidavit/Release”), as well as a copy of his/her legible government-issued photo identification, and any other documentation that Sponsor and/or the Sweepstakes Administrator requires within five (5) days after receipt by a potential winner or such potential winner may be disqualified and an alternate potential winner for such prize may be selected. Faxed and/or emailed documents have the same force and effect as the originals. If winner(s) is a resident of a state that deems him/her to be a Minor, prize will be awarded in the name of his/her parent/legal guardian, who must sign the Affidavit/Release on his/her behalf. By returning the completed Affidavit/Release, the winner(s) attests to the provisions stated therein including the accuracy of the information contained therein and compliance with these Official Rules.  

Instant winners determined from the second chance drawing will be notified via email at the email address provided at his/her time of entry within approximately two (2) weeks of the Second Chance Drawing Date. Potential winner(s) will have three (3) business days to respond to the notification email. If a potential winner(s) does not respond within three (3) business days; if he/she is found to be ineligible; if he/she does not comply with these Official Rules; or if his/her prize or prize notification email is returned as undeliverable, potential winner(s) will be disqualified and an alternate potential winner(s) of such prize may be selected (in Sponsor’s sole discretion) from all eligible Entries received. If a potential instant winner is from a state that deems him/her to be a Minor, his/her parent or legal/guardian will be notified on his/her behalf.

Privacy Policy: Any personal information supplied by entrants to Sponsor or its affiliates will be subject to Sponsor’s Privacy Policy and terms of service posted at the Website. Thus, except where prohibited by law and Sponsor’s Privacy Policy located at https://www.uber.com/legal/privacy (1) entry and/or winner’s (winner’s parent/legal guardian, if winner is Minor) acceptance of prize constitutes permission for the Sweepstakes Entities to use a winner’s name, address (city and state/province/territory), photo, video, likeness, biographical information, statement and voice for advertising/publicity purposes worldwide and in all forms of media (including posting on Website), in perpetuity, without further notice to or compensation in connection with said Sweepstakes or the prize awarded and (2) Sponsor has the right to modify, edit, adapt, electronically alter, use, assign and/or dispose of such Entries however it sees fit and for any purpose without any notice or compensation to entrant or any third parties. Entrants understand, agree, and consent that any personally identifiable information provided to the Sweepstakes Administrator may be retained and used for the purposes of this Sweepstakes (including but not limited to: record keeping, tax forms, state registrations, and/or any prize fulfillment related obligations). The Sweepstakes Administrator does not and will not sell the personally identifiable information of any entrant or winner. Furthermore, the Sweepstakes Administrator will not share or disclose any personally identifiable information to any third-party company or business unrelated to the Sweepstakes. Additionally, if an entrant chooses to opt-in to receive communications from a participating Sweepstakes Entity, his/her Entry Information will be subject to that Sweepstakes Entity’s privacy policy and terms of service (if applicable), and such entrant agrees to receive additional email communication from that particular Sweepstakes Entity. Opting in to receive communications does not improve one’s chances of winning any prize. The privacy policy for any Sweepstakes Entity participating in an opt-in will be accessible from the Sweepstakes entry form.  

General Conditions: The Sweepstakes is governed by these Official Rules and all applicable federal, state, provincial, territorial, and local laws. By entering the Sweepstakes, entrants agree and acknowledge to be bound by these Official Rules, as well as the decisions of the Sweepstakes Administrator which are final and binding in all respects; to waive any rights to claim ambiguity with these Official Rules; to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes or the use of any submitted Entry; and to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities. Once submitted, Entries become the sole property of the Sponsor and will not be returned. Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be tampering with the entry process or the operation of the Sweepstakes; to be acting in violation of the Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any person attempting to defraud or tamper with Sweepstakes will be prosecuted and is not eligible for prizes. If for any reason, the Sweepstakes is not capable of running as originally planned, Sponsor in its sole discretion, reserves the right to cancel, suspend or modify the Sweepstakes or any portion(s) thereof and instruct the Sweepstakes Administrator to conduct a drawing(s) and award prizes(s) from all salvageable eligible Entries received prior to and/or after (as appropriate) the action taken by the Sponsor, or award the prize(s) in a manner that is fair and equitable. Notice of such action by the Sponsor will be posted on the Website as well as any applicable social media platforms. In case of a dispute over the identity of an entrant who submitted a winning Entry, the authorized account holder of the email address associated with that Entry will be deemed the entrant. Said person must comply with these Official Rules, be the person who completed the act of entering, and, in Sponsor’s sole discretion, may be required to provide proof of ownership of the email account.

Disclaimers: Sweepstakes Entities are not responsible or liable for entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for Entries/Pin requests that are illegible, late, tampered with, forged, incomplete, misdirected, deleted, damaged, lost, misplaced, stolen, destroyed, dropped, inaccessible, corrupted, jumbled, or otherwise not in compliance with these Official Rules and such Entries/Pin requests will be disqualified. By entering the Sweepstakes, entrants agree and acknowledge that the Sweepstakes Entities shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death) in connection with: participation in this Sweepstakes; human error; incorrect or inaccurate transcription of Entry Information; acceptance/possession, use/misuse, and/or defects of the prize(s) awarded herein; fraudulent (including unauthorized) gift card uses made with lost, stolen, misplaced, or misappropriated gift cards, incomplete (including inaccurate) gift card database information and canceled gift card uses; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or internet service provider; Pins that contain printing or typographical error; any errors or issues regarding the seeding of Pins; interruption or inability to access the Website (or Sponsor’s/Sweepstakes Administrator’s inability to access content on the Website), or any website or online service via the internet due to hardware or software compatibility problems; wireless network dead zones or obstructions; any damage to an entrant’s (or any third person’s) computer/mobile device and/or its contents related to or resulting from any part of this Sweepstakes or from entering or downloading materials/software in connection with the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, defects or any other errors or malfunctions even if caused by the negligence of one of the Sweepstakes Entities. Entrants hereby acknowledge that said Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact, or in law, relative to any prize, including express warranties provided exclusively by a prize supplier that are sent along with a prize. No more than the stated number of instant win prizes will be awarded. In the case of any irregular or defective Pins, Sponsor’s sole liability is replacement with another randomly selected Pin, while supplies last. In the event that production, technical, mechanical, typographical, seeding, programming, or any other reasons cause more than stated number of instant win prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right, in its sole and absolute discretion, to award only the stated number of instant win prizes (previously not awarded) by means of a random drawing among all legitimate and eligible claims. Sweepstakes Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or irregularity that may be caused by or have contributed to (1) any wrongful, negligent, or unauthorized act or omission on the part of the prize supplier (if applicable) or any of its agents, servants, employees or independent contractors, (2) any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of Sponsor, or (3) any other cause, condition or event whatsoever beyond the control of Sponsor or its parents, subsidiaries and affiliated companies. Next-generation consoles/accessories/online manufacturers, Herman Miller, Inc., Arctis, SteelSeries ApS, Champion, HBI Branded Apparel Enterprises, MiiR, and each of their respective affiliates, officers, directors, agents, and employees (collectively “Released Parties”) will have no liability or responsibility for any claim arising in connection with participation in this Sweepstakes or any prize awarded. The Released Parties and their affiliates have not offered or sponsored this Sweepstakes in any way. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, demonstrations, riot, earthquake, terrorism, act of public enemies, strikes, epidemics, pandemics, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.

Governing Law, Jurisdiction, Arbitration: Any controversy or claim arising out of or relating to (i) the Sweepstakes, (ii) the awarding or redemption of any prize and/or (iii) the determination of the scope or applicability of these Official Rules or their enforcement or interpretation shall be governed by and construed in accordance with the substantive laws of the state of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. Any controversy or claim arising out of or relating to this agreement, its enforcement, arbitrability, or interpretation shall be submitted to final and binding arbitration, to be held in Los Angeles County, California before a single arbitrator, in accordance with California Code of Civil Procedure §§ 1280 et seq. The arbitrator shall be selected by mutual agreement of Sponsor(s) and the entrant or entrants bringing forth the controversy or claim, which to the extent permissible must be brought individually and not as part of a class/group (collectively, the “Parties”) or, if the Parties cannot agree, then by striking from a list of arbitrators supplied by the American Arbitration Association or JAMS/Endispute. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The Parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court). Entrant(s) agrees that his/her claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. Each entrant(s) further agrees that any claim/judgment/award in such arbitration shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Sweepstakes, and in no event will entrant(s) be permitted to obtain attorneys' fees, other legal costs and/or be entitled to awards. Entrant(s) 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 increased. Should any term of this section be deemed by a tribunal of competent jurisdiction void, unenforceable, or contrary to law, such term shall, but only to the extent necessary to bring this section within the requirements of law, be deemed to be severed from the other terms of these Official Rules, and the remainder of these Official Rules shall be given effect as if it had not included the severed term herein. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. 

Rules/Name of Winners:  To receive the name of the winner(s) or a copy of these Official Rules, send a self-addressed stamped envelope to: Uber Eats Wendy’s Never Stop Gaming Sweepstakes “Winners’ List” or “Rules” (specify which), P.O. Box 6493, Burbank, CA 91510. All requests must be received by February 12, 2021. The winner(s) may also be posted on the Website.

Sponsor: Uber Technologies, Inc, 1455 Market Street, Suite 400, San Francisco, CA 94103.

Sweepstakes Administrator: Enteractive Solutions Group, Inc., 1612 W. Olive Ave., Suite 300, Burbank, CA 91506.

©2020-21 ESG. These Official Rules may only be copied for personal use and not for any commercial purpose whatsoever. All rights reserved.