Summer of Fun Contest 2022

Summer of fun entry form
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WINGER’S USA, INC., a Utah corporation and its subsidiaries and affiliated companies (“Winger’s” or “Sponsor”) will conduct the 2022 SUMMER OF FUN GIVE AWAY (the “Sweepstakes”) substantially as described in these terms, and conditions (the “Rules”), and by participating, each participant (“Participant(s)”) agrees as follows:

1. Description of Sweepstakes: Winning Participant(s) (“Winner(s)”) who enters the 2022 SUMMER OF FUN GIVE AWAY as set forth herein will may be selected to win one of the following “Grand Prize(s)”:

a. One (1) trip for two (2) to California, including two (2) round trip airline vouchers, three (3) nights of lodging at an approved hotel, and four (4) one-day park passes to local theme park. The verifiable retail value of this Grand Prize is approximately $3,500.

b. One (1) trip for three (3) nights/four (4) days lodging at the Angels Landing Home at Zions Ponderosa Ranch Resort. The verifiable retail value of this grand prize is approximately $3,000.

c. One (1) Sticky Finger Dinner or One (1) Wing Dinner per week for 52 weeks at any Winger’s Restaurant. This grand prize will be awarded to four (4) winners. The verifiable retail value for each of these Grand Prizes is approximately $730 per winner.

In addition to the Grand Prizes, weekly prizes will be selected each week at each Winger’s location at the discretion of the Sponsor.

2. Dates of Sweepstakes: The Sweepstakes will begin on or about June 27, 2022, at 11:00 a.m. MST and end on or about August 22, 2022, at 5:00 p.m. MST (the “Sweepstakes Period”).

3. How to Enter the Sweepstakes:

a. Ways to Enter Sweepstakes. Participant(s) can enter the Sweepstakes in the following three (3) ways:

(1) Scan the QR Code available at any Winger’s Restaurant location. QR Code can be found on table laydown and/or poster located at a designated spot at each Winger’s Restaurant location.

(2) Go to www.wingerbros.com\summer-of-fun-contest and submit entry via the Winger’s website.

(3) By filling out a 3 X 5 card (the “Mail-in Entry(ies)”) that must include the following: (i) name, (ii) address, city, state, and zip code, (iii) phone number, (iv) email, and (v) date of birth. Each Mail in Entry must be mailed to 2022 SUMMER OF FUN GIVE AWAY, Attn.: Winners’ List, Winger’s USA, Inc., 3950 South 700 East, Suite 302, Millcreek, Utah 84107. All Mail-in Entries must be handwritten; no photocopies or mechanical reproductions are permitted

b. One Entry Per Envelope. No more than one (1) Mail-in Entry per envelope and each envelope shall be individually post marked during the Sweepstakes Period. All Mail-in Entry cards must be handwritten and no more than one (1) Mail-in Entry card may be submitted per Participant per day.

c. Request Winners’ List. To obtain a list of Winners (the “Winners’ List”), any party may mail a self-addressed stamped envelope to 2022 SUMMER OF FUN GIVE AWAY, Attn.: Winner’s List, Winger’s USA, Inc., 3950 South 700 East, Suite 302 Millcreek, Utah 84107. Such requests must be received no later than by August 22, 2022, at 9:00 p.m. MST. The Winners’ List will be sent once all prizes have been awarded.

d. No Automated Entries: Auto entries are prohibited. Participant(s) must fill out your own entry form without the use of any automated sweepstakes entry filling services or form filling services. The use of any automated, programmed, robotic or similar system to enter is prohibited and will result in disqualification. Entries filled out by anyone other than a Participant will be disqualified.

e. Limit On Entries: Every kind of entry is limited to one (1) entry per calendar day through online or in-store submittal. There is no limit to the number Mail-in Entry during the Sweepstakes.

f. No Purchase Necessary: NO PURCHASE IS REQUIRED TO ENTER THIS SWEEPSTAKES, INCLUDING, BUT NOT LIMITED TO MAKE ANY PURCHASE, COMPLETE A PURCHASE, OR PROVIDE ANY OTHER FORM OF CONSIDERATION. Purchases at a Winger’s Restaurant does not increase a Participant(s)’ chances of winning in this Sweepstakes.

g. Participants Must by 18 or Older and U.S. Residents: ALL PARTICIPANT(S) MUST BE EIGHTEEN (18) YEARS OF AGE AND A LEGAL RESIDENT OF THE UNITED STATES AND RESIDENTS OF ONE OF THE FOLLOWING STATES TO PARTICIPATE: IDAHO, NEVADA, OREGON, AND UTAH WHEN ENTERING THIS SWEEPSTAKES.

4. Prize(s), Eligibility, and Limitations:

a. Receipt of Mail-in Entries. All Mail-in Entries must be received on or before August 22, 2022, at 5:00 p.m. MST.

b. One Prize Per Household. Only one (1) prize per household will be allowed for the Sweepstakes.

c. Eligibility. Employees of the Company, the Sweepstakes’ participating Sponsors and/or their advertising agencies, employees of radio or television stations advertising or promoting the Sweepstakes, and members of the immediate family of any such persons are not eligible to participate and win and prizes offered in the Sweepstakes. The executives of the Company and members of the immediate family of any such person are not eligible to participate and win. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.

d. Selection of Winners. Winner(s) will be selected by random drawing from eligible entries. Odds of winning depend on the number of eligible entries received. Drawing dates will start on or about July 5, 2022. The Grand Prize Winner(s) will be drawn on or about August 29, 2022.

e. Notification to Winners. Winner(s) will be notified by email or phone on or about five (5) business days of the drawing date of each weekly prizes including the Grand Prize Winner(s). If after three (3) attempts by email or phone during a forty-eight (48) hour time period (as determined by Company in their sole discretion) the Company is unable to contact the Winner(s), the prize(s) will be forfeited, and an alternate Winner(s) will be selected. Winner(s) by accepting these Rules, acknowledges and affirms that they meet the Rules’ eligibility requirements and agree to the publicity/liability set forth below or prize will be forfeited. An alternate Winner for forfeited prizes may be selected at Sponsor’s sole discretion.

f. Delivery of Prizes. All prizes will be delivered to the Winner(s) within thirty (30) days after announcing the Winner(s).

g. Emails. If the holder of an email account is disputed, entry(s) will be deemed made by the natural person who is assigned to the email address by the Internet access provider, online service provider or other organization (e.g., business, school, etc.) that assigns e-mail addresses for the domain associated with the e-mail address.

h. No Prize Warranty. WITHOUT LIMITING THE FOREGOING, ALL 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.

i. Substitute Prizes. Company may substitute any prizes with a substitute prize of equal or greater value.

5. Publicity; Use of Personal Information: By participating, all Participant(s) and Winner(s) grant the Company exclusive permission to use their names, characters, photographs, voices, and likenesses in connection with promotion of this and other Sweepstakes and waive any claims to royalty, right, or remuneration for such use. By participating in the Sweepstakes, Participant(s) agree that the Company may disclose personal information obtained from Participant(s) in the Sweepstakes to third parties and use such information for marketing and other purposes.

6. Taxes: Any valuation of the prize(s) stated above is based on available information provided to the Company, and the value of any prize awarded to a Winner(s) may be reported for tax purposes as required by law. Each Winner is solely responsible for reporting and paying any and all applicable taxes related to the prize(s) and paying any expenses associated with any prize that are not specifically provided for in the Rules. Each Winner must provide the Company with valid identification, mailing address, and a valid taxpayer identification number or social security number before any prize will be awarded. Prizes are not transferable, redeemable for cash or exchangeable for any other prize. Any Participant(s) winning over six hundred dollars ($600.00) in prizes will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.

7. Decisions: By participating in the Sweepstakes, Participant(s) agree to be bound by the decisions of the Company. The company reserves the right to disqualify any Participant(s) or Winner(s) and may refuse to award any prize to a person who is ineligible or who Company believes has violated any Rule, gained an unfair advantage in participating in the Sweepstakes, or obtained winner status using fraudulent means. The company will interpret these Rules and resolve any disputes, conflicting claims or ambiguities concerning the Rules or the Sweepstakes and the Company’s decisions concerning such disputes shall be final. If the conduct or outcome of the Sweepstakes is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference, or any event beyond the control of the Company, the Company reserves the right to terminate this Sweepstakes, or make such other decisions regarding the outcome as Company deems appropriate. All decisions will be made by Company and are final. The company may waive any of these Rules at its sole discretion.

8. Miscellaneous:

a. Amending Rules; Discontinuing Sweepstakes. The Company may amend these Rules or discontinue the Sweepstakes at any time, in accord with applicable federal and state laws. The company disclaims any responsibility to notify Participant(s) of any aspect related to the conduct of the Sweepstakes.

b. Copies of Rules. Written copies of these Rules are available by mail with a written request with a stamped, self-addressed return envelope at the address indicated above, or maybe read at http://www.wingerbros.com/summer-of-fun-contest.

c. Clarification Regarding Sponsors. Zion Ponderosa Ranch Resort and Coca-Cola are not sponsors of the Sweepstakes. Zion Ponderosa Ranch Resort and Coca-Cola names, logos, and/or materials are used for the purposes of promotion and/or prize descriptions only and such use is not intended to suggest or imply that they are sponsors of the Sweepstakes.

d. Release of Liability. IN ORDER TO RECEIVE A PRIZE, THE WINNER(S) MUST SIGN AN OFFICIAL WAIVER FORM PROVIDED BY THE COMPANY. BY ENTERING OR PARTICIPATING IN THE SWEEPSTAKES, EACH PARTICIPANT OR WINNER AGREE THAT IN NO EVENT WILL WINGER’S USA, INC., SPONSORS, SWEEPSTAKES PARTIES, SWEEPSTAKES PROVIDERS AND ALL THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, OWNERS, AGENTS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, OR ANY OTHER SPONSOR OR PROVIDER (COLLECTIVELY “RELEASEE(S)”) BE RESPONSIBLE OR LIABLE FOR, AND EVERY PARTICIPANT HEREBY RELEASE THEM FROM, ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LOSSES, COSTS, EXPENSE OR LIABILITY OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, PERSONAL INJURIES AND/OR DEATH, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, AND COUNSEL FEES AND COURT COSTS) ARISING OR RESULTING FROM ANYTHING RELATING TO: (1) THE PRODUCTION, PROMOTION, ADMINISTRATION OR EXECUTION OF THE SWEEPSTAKES (OR A PARTICIPANT(S)’ PARTICIPATION IN IT); (2) CANCELLATION, MODIFICATION OR RESCHEDULING OF ANY ASPECT OF THE SWEEPSTAKES; (3) OF ANY WEB SITE(S) RELATED TO THE SWEEPSTAKES OR MATERIALS ON THE WEB SITE; (4) ACCEPTANCE, POSSESSION, USE, MISUSE, OR NONUSE OF THE PRIZE; OR (5) PARTICIPATING IN OR TRAVELING TO ANY SWEEPSTAKES-RELATED ACTIVITY.

e. Limitations. Neither Company nor any Releasee(s) is responsible for lost, late, damaged, incomplete, illegible, stolen, misdirected, or postage due mail, shipping, or email; any website, computer, telephone, satellite, cable, network, Internet or other equipment, electronics, software, service, transmission, connection, processing or other errors, failures, congestion, accessibility or availability issues; unauthorized access, tampering, hacking, theft or destruction; or other technical or human error in the receipt or processing of entries, game piece requests or other submissions (whether to or from) or otherwise related to the production, promotion, administration, or execution of the Sweepstakes.

f. Tampering; Violations; Disruption. The company may, in its sole determination, disqualify any Participant(s) it believes may be tampering with the entry or other operation of the Sweepstakes or acting in violation of the Rules, in a non-sportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person.

CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.

g. Cancellation; Modification. Company may, in its sole discretion, cancel, terminate, modify or suspend the Sweepstakes if the Sweepstakes is not capable of running as Company planned for any reason (including, but not limited to, due to tampering, unauthorized intervention, computer virus, fraud, technical or human error or any other causes which Company, in its sole opinion, deems could corrupt or affect the administration, security, fairness, integrity or intended conduct of this Sweepstakes). The Company may amend the rules or discontinue the Sweepstakes at any time, in accord with applicable federal and state laws. The company disclaims any responsibility to notify Participant(s) of any aspect related to the conduct of the Sweepstakes.

h. Compliance with Law. The conduct of the Sweepstakes is governed by the applicable laws of the Unites States of America and the local or state jurisdictions in which the Sweepstakes is eligible, which take precedence over any rule to the contrary herein. The company shall follow the applicable laws for conducting Sweepstakes, including notice to the state attorney general or consumer affairs office, posting of a prize bond, furnishing lists of Winner(s), providing specific written information about the Sweepstakes, etc. as required by local and state law.

i. Governing Law and Venue. The laws of the State of Utah, excluding the rules of conflicts of law, shall govern this and all matters arising out of or related to this Sweepstakes. The parties, including Participant(s) and Winner(s), hereby submit to the jurisdiction of the state or federal courts located in Salt Lake County, Utah. Each party expressly agrees that it is subject to the jurisdiction and venue of those courts for purposes of such litigation. Each party hereby waives and covenants not to assert any claim that is not subject to personal jurisdiction in those courts or that venue in those courts is for any reason improper, inconvenient, prejudicial, or otherwise inappropriate (including, without limitation, any claim under the judicial doctrine of forum non conveniens).