Wingstop Bring the
Flavor to the Bay Sweepstakes
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF
ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Wingstop Bring the Flavor to the Bay Sweepstakes
(the “Sweepstakes”) is open only to legal residents of
AL, AR, AZ, CA, CO, CT, DE, FL, GA, IA, ID IL, IN, KS, KY, LA, MA, MD, MI, MN,
MO, MS, NC, NE, NH, NJ, NM, NV, NY, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, WA,
WI, WV and WY (each, an “Eligible State” and collectively, the “Eligible States”)
who are at least 18 years old at the time of entry. Employees of Wingstop
Restaurants Inc. (”Sponsor”), Merkle Inc. (“Administrator”), NBA
Properties, Inc. (“NBAP”), the National Basketball Association (the “NBA”), and
the NBA member teams (“NBAT”, and collectively together with NBAP and the NBA,
the “NBA Entities”), Squarewave, LLC, and all of their respective parent and
affiliate companies as well as the immediate family (spouse, parents, siblings,
and children) and household members of each such employee are not eligible. The
Sweepstakes is subject to all applicable federal, state and local laws and
regulations. NOTE: THE SWEEPSTAKES IS VOID IN AK, HI, ME, MT, ND, RI, VT AND
WHERE PROHIBITED. Participation constitutes entrant’s full and
unconditional agreement
Make
a $10 Purchase at a “Participating Location” and Register to Enter: Take the following steps to earn an
entry:
A.
Make
a purchase of $10 (before applicable Delivery Fees, Service Fees,
Government-imposed Fees, Taxes, or Gratuities) or more at a Wingstop restaurant
located in the Eligible States that are advertising this Sweepstakes (each a
“Participating Location”, and collectively, the “Participating Locations”). You
may place your order in person, by phone, on Wingstop.com or in the Wingstop
App. NOTE: ORDERS PLACED THROUGH THIRD PARTY MARKETPLACES ARE NOT ELIGIBLE.
·
Checking
the boxes that confirm you are a legal resident of an Eligible State and that
you have read and agree to the Official Rules and give consent to be contacted
by Administrator if your entry is selected and you are verified to be the
winner.
You
will also have the opportunity to check the following OPTIONAL checkbox:
“I consent to Wingstop Restaurants Inc. (“Sponsor”) disclosing
my personal information provided above to the National Basketball Association
(“NBA”) and/or NBA Properties, Inc. (“NBAP”) and agree to receive messages and
advertisements from the NBA regarding NBA and NBA partners’ products and
initiatives, consistent with the NBA Privacy Policy.” NOTE: CHECKING THIS BOX IS NOT REQUIRED IN ORDER TO
ENTER THE SWEEPSTAKES.
Or, Enter by Mail: To enter without purchase, print your
name, address, phone number, email address, and date of birth on a piece of
paper and mail it in an envelope with proper postage to “Wingstop Bring the Flavor to the Bay
Sweepstakes,”
c/o Merkle Inc., P.O. Box
5025, Department 865659, Kalamazoo, MI 49003-5025. You will receive one (1) entry into the
Sweepstakes. LIMIT: ONE ENTRY PER ENVELOPE. Your mail-in entry must be
postmarked by January 27, 2025 and received by
February 3, 2025. All entries become the exclusive property of Sponsor, and
none will be acknowledged or returned. Proof of sending or submission will not
be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for
lost, late, incomplete, invalid, unintelligible, illegible, misdirected or
postage-due entries, which will be disqualified.
5. Prize Drawings and Winner Requirements: Administrator is an independent organization whose
decisions as to the selection of the potential winners
are final and binding. Administrator will randomly select the potential
Sweepstakes winners from all eligible entries received during the Promotion
Period on or around February 5, 2025. The potential winners will be notified by
email and phone call from the Administrator and will be required to sign and
return a Declaration of Compliance, Liability Waiver and, where not prohibited,
a Publicity Release ("Declaration"), which must be received by
Administrator within forty-eight (48) hours of the date notice or attempted
notice is sent, in order to claim the prize. If a
potential winner cannot be contacted, fails to sign and return the Declaration
or provide any other requested information within the required time period, or
the prize is returned as undeliverable, the potential winner forfeits the
prize. Receiving a prize is contingent upon compliance with these Official
Rules. In the event that a potential winner is disqualified for any reason or
forfeits the prize, Sponsor will award the applicable prize to an alternate
winner by random drawing from among all remaining eligible entries. Up to one
(1) alternate drawing may be held, time permitting, after which the prize will
remain un-awarded.
6.
Prizes, Approximate Retail Value (“ARV”) and Odds of
Winning:
A. Prizes:
Two (2) Grand Prizes: A trip for winner and one (1) travel
companion to San Francisco, California, February 14, 2025, through February 17,
2025, to attend the NBA All-Star 2025 concerts and basketball game
(collectively, the “Events,” relevant details of which are below). Trip package
includes:
·
Round
trip coach class air transportation for two (2) from a major airport near
winner’s home (determined by Sponsor in its sole discretion) to San Francisco, California;
·
Round
trip ground transportation from airport to hotel;
·
Two
(2) general admission tickets to all three (3) days of NBA All-Star 2025
concerts taking place on Friday, February 14, 2025 – Sunday, February 16, 2025;
·
Two
(2) tickets to the NBA All-Star Game at Chase Center on Sunday, February 16,
2025; seating and timing determined in the sole discretion of the NBA;
·
One
(1) $1,500 prepaid card, intended to be used for spending money. Your use of
the prepaid card is governed by the Cardholder Agreement, and some fees may
apply. This is not a gift card. Please note that prepaid cards are subject to
expiration, so pay close attention to the expiration date of the card; and
·
One
$500 Wingstop e-gift code, terms and conditions apply.
Sponsor will also provide winner a
USD$7,629 payment by wire transfer, which is intended to assist the winner with
federal, state, or other tax obligations related to the Grand Prize (the “Tax
Gross-Up Payment”). THE GRAND PRIZE WINNER’S ACTUAL TAX LIABILITIES RELATED
TO THE GRAND PRIZE COULD EXCEED THE TAX GROSS-UP PAYMENT. THE GRAND
PRIZE WINNER IS SOLELY RESPONSIBLE FOR ALL APPLICABLE FEDERAL, STATE, OR OTHER
TAX OBLIGATIONS RELATED TO THE GRAND PRIZE. Sponsor will not provide any
further assistance toward the winner’s tax obligations.
Winners
must travel on the dates determined by Sponsor in its sole discretion or prize
will be forfeited. Notwithstanding the foregoing, Sponsor will make reasonable
efforts to select travel dates acceptable to winner. Winners are obligated to
work with Sponsor’s travel agent to book trip immediately upon winner
confirmation or prize will be forfeited. Travel and accommodations are subject
to availability. Travel must be round trip. Sponsor will determine airline and
flight itinerary 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 this Sweepstakes, and those set forth by
the Sponsor’s airline carrier of choice as detailed in the passenger ticket
contract. All expenses and incidental travel costs not expressly stated in the
package description above, including but not limited to: additional ground
transportation, meals, incidentals, gratuities, passenger tariffs or duties,
airline fees, surcharges, airport fees, service charges or facility charges,
personal charges at lodging, security fees, taxes or other expenses are the
responsibility solely of winner. Winner must have proper identification and a
valid credit card for hotel check-in and to cover incidental expenditures.
Unless child of winner, travel companion must be eighteen (18) years of age or
older as of the date of departure or a sibling/friend of winner with the
appropriate parental permissions and releases and must travel on same itinerary
and at the same time as the winner. Travel companion must execute
liability/publicity releases prior to issuance of travel documents. Travel
restrictions, conditions and limitations may apply. THERE EXISTS AN INHERENT RISK OF EXPOSURE TO
COVID-19 IN ANY PUBLIC PLACE WHERE PEOPLE ARE PRESENT. BY TRAVELING AND
ATTENDING EVENTS, WINNER AND WINNER’S TRAVEL COMPANION VOLUNTARILY ASSUME ALL
RISKS RELATED TO EXPOSURE TO COVID-19. If in the judgment of Sponsor air travel
is not required due to winner’s proximity to prize location, ground
transportation will be substituted for round trip air travel at Sponsor’s sole
discretion. Sponsor will not replace any lost, mutilated, or stolen tickets,
travel vouchers or certificates. Sponsor is not responsible if any Event is
delayed, postponed or cancelled for any reason, in which event that portion of
prize is forfeited in its entirety and no substitution will be provided except
as in Sponsor’s sole discretion.
For all Event tickets: Tickets may be subject to standard
rain-check policies and procedures. Winner agrees to abide by any terms,
conditions and restrictions provided by Event ticket. Sponsor is not
responsible if winner does not use Event ticket on day of applicable Event.
ARV
of each prize: USD$25,429. Actual value may vary based on airfare fluctuations
and distance between departure and destination. Winner will not receive
difference between actual and approximate retail value. Prize is
non-transferable and no substitution will be made except as provided herein at
the Sponsor’s sole discretion. Sponsor reserves the right to substitute the
prize for one of equal or greater value if the designated prize should become
unavailable for any reason. Winner is responsible for all taxes and fees
associated with prize receipt and/or use. Winners will receive an IRS Form 1099-MISC
reporting the actual value of the prize received. Prizes
are provided “as is” without warranty of any kind, either express or implied,
including but not limited to, the implied warranties of merchantability,
fitness for a particular purpose or non-infringement. Limit of one (1) prize
per household.
B. Total ARV: The
total ARV of all available prizes in the Sweepstakes is USD$50,858.
C. Odds
of Winning: The odds of winning depend on the total number of
eligible entries received during the Promotion Period.
7.
Release:
8. Right of Publicity
Release:
9. General Conditions: Sponsor reserves
the right to cancel, suspend and/or modify the Sweepstakes, if any fraud,
technical failures, human error, or any other factor impairs the integrity or
proper functioning of the Sweepstakes, or any event or cause beyond Sponsor’s
control (e.g. events such as natural calamities, national emergencies, wide
spread illnesses, declarations of war, acts of God, acts of terrorism)
interferes with any aspect of the Sweepstakes, including but not limited to
fulfillment of the prizes, as determined by Sponsor in its sole discretion. In
such event, Sponsor, in its sole discretion, may elect to hold a random drawing
from among all eligible entries received up to the date of discontinuance and
may modify the prizes offered herein. Sponsor reserves the right, in its sole
discretion, to disqualify any individual it finds to be tampering with the
entry process or the operation of the Sweepstakes, including but not limited to
submitting
fraudulent entries, or to be
acting in violation of the Official Rules of this Sweepstakes or in an
unsportsmanlike or disruptive manner. Any attempt by any person to deliberately
undermine the legitimate operation of the Sweepstakes may be a violation of
criminal and civil law, and, should such an attempt be made, Sponsor reserves
the right to seek damages from any such person to the fullest extent permitted
by law. Sponsor’s failure to enforce any term of these Official Rules shall not
constitute a waiver of that provision. In no event will more prizes than are stated in these Official Rules be
awarded. 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 Official
Rules, Sponsor reserves the right to award the intended number of prizes
through a random drawing from among all eligible prize claims received. In the event there is a discrepancy or
inconsistency between any other statements contained in any Sweepstakes-related
materials and the Official Rules as posted on the Promotion Site, the Official
Rules as posted on the Promotion Site shall prevail, govern, and control.
10. Limitations of Liability: The
Released Parties are not responsible for: (a) any incorrect or inaccurate
information either caused by printing errors or by any of the equipment or
programming associated with or utilized in the Sweepstakes or provided by
entrants; (b) technical failures of any kind, including but not limited to
malfunctions, interruptions, or disconnections to the internet, in phone lines
or network hardware or software; (c) unauthorized human intervention in any
part of the Sweepstakes, including but not limited to the entry process; (d)
technical or human error which may occur in the administration of the
Sweepstakes, including but not limited to the
processing of entries; (e) late, lost, undeliverable, damaged or stolen
mail; or (f) any injury or damage to persons or property which may be caused,
directly or indirectly, in whole or in part, from entrant’s participation in
the Sweepstakes, or to the receipt, use, inability to use, or misuse of
any prize. If for any reason an entrant's entry is confirmed to have been
erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole
remedy is another entry in the Sweepstakes, if it is possible.
11.
Disputes: Except where
prohibited, entrant agrees that: (a) any and all disputes, claims and causes of
action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually,
without resort to any form of class action, and exclusively by the United
States District Court for the Eastern District of Michigan or the appropriate
Michigan State Court located in Oakland County, Michigan; (b) any and all
claims, judgments and awards shall be limited to actual out-of-pocket costs
incurred, including costs associated with entering this Sweepstakes, but in no
event attorneys’ fees; and (c) under no circumstances will entrant be permitted
to obtain awards for, and entrant hereby waives all rights to claim, indirect,
punitive, incidental and consequential damages and any other damages, other
than for actual out-of-pocket expenses, and any and all rights to have damages
multiplied or otherwise increased. All issues and questions concerning the
construction, validity, interpretation and enforceability of these Official
Rules, or the rights and obligations of the entrant and Sponsor in connection
with the Sweepstakes, shall be governed by, and construed in accordance with,
the laws of the State of Michigan without giving effect
12. Severability: If the
application of any provision of these Official Rules to any particular facts or
circumstances shall for any reason be held to be invalid, illegal or
unenforceable by a court, arbitration panel or other tribunal of competent
jurisdiction, then (a) the validity, legality and enforceability of such
provision as applied to any other particular facts or circumstances, and the
other provisions of these Official Rules, shall not in any way be affected or
impaired thereby; and (b) such provision shall be enforced to the maximum
extent possible. In addition, if any provision contained in these Official
Rules shall for any reason be held to be excessively broad as to duration,
geographical scope, activity or subject, it shall be construed by limiting and
reducing it, so as to be enforceable to the extent compatible with applicable
law.
13. Entrant's Personal
Information:
Information collected from entrants is subject to Sponsor’s Privacy
Policy.
14. Winner List: See this Winner List
for the Sweepstakes winners. The winner list will be posted after
winner confirmation is complete.
THIS PROMOTION IS IN NO WAY SPONSORED OR ADMINISTERED BY THE NBA
ENTITIES. ALL INQUIRIES REGARDING THIS PROMOTION SHOULD BE DIRECTED TO
ADMINISTRATOR OR SPONSOR. WINGSTOP
RESTAURANTS INC. IS THE SOLE SPONSOR OF THIS PROMOTION.
© 2024 Merkle Inc. All rights reserved.