Official Twitch Sweepstakes Rules

    A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE UNITED STATES OF AMERICA, 18 YEARS OF AGE OR OLDER. VOID WHERE

    A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE UNITED STATES OF AMERICA, 18 YEARS OF AGE OR OLDER. VOID WHERE PROHIBITED.
    1. How to Enter: Beginning at 4 p.m. Eastern Time (“ET”) on October 25, 2018 until 5 p.m. ET on December 6, 2018 (the “Promotion Period”), you may enter the “Watch Stadium – Wendy’s® Trivia Contest” (the “Promotion”) by logging into your Twitch account, visiting the Watch Stadium Channel on Twitch TV (http://www.twitch.com/stadium2) (the “Feed”) during the streaming of Fresh Look on Films on October 25th, November 8th, November 15th, November 29th, and December 6th, from 4 p.m. to 5 p.m. ET (the “Program”), listening to or viewing a trivia question asked during each episode of the Program shown during the Promotion Period (each a “Trivia Question”), submitting an answer to the Trivia Question through the Program’s Twitch chat accessible on the Feed (each an “Entry”), and being the entrant who’s Entry is the first Entry received by the Sponsor that is the correct answer to the Trivia Question. Incorrect and/or incomplete Entries are void. These official rules are also available on the official website of 120 Sports LLC dba Stadium (“Sponsor”) located at www.watchstadium.com (the “Website”).
    All Entries for a Trivia Question must be received during the streaming of the Program during which the Trivia Question was asked to be valid. There is a limit of one (1) Entry, per valid Twitch account, per person, per Program, per day. For purposes of this Promotion, a “day” begins at 12:00 a.m. ET and ends at 11:59 p.m. ET unless specified otherwise. If multiple Entries are received per Twitch account, only the first Entry will be accepted and additional Entries will be disqualified. Multiple participants are not permitted to share the same Twitch account. Any attempt by you, in Sponsor’s sole discretion, to submit more than one (1) Entry per day by using multiple/different Twitch accounts, identities, or registrations, or any other methods may void your Entries and you may be disqualified from the Promotion. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, contest or sweepstakes entry services) as determined by Sponsor in its sole discretion will void all Entries by you. In the event of a dispute as to any Entry, the authorized account holder of the Twitch account used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned the Twitch account by Twitch. Potential winner may be required to show proof of being the authorized account holders.

    2. Eligibility: This Promotion is open only to legal residents of the United States of America who are 18 years of age or older as of the Promotion start date, except employees and members of their households and immediate families (spouses, parents, siblings, children and each of their respective spouses) of the Promotion Entities (as defined below) and their respective parent companies, subsidiaries, and affiliates, and their advertising and promotion agencies and all local sponsors. To participate in the Promotion you must be an authorized account holder of a valid Twitch account and must be logged into your account when submitting an Entry. Void where prohibited.

    3. Privacy: When your Entry is selected as a winner, you may be asked to consent to receive promotional materials and reminders for upcoming promotions and information about one or more of the Promotion Entities via e-mails, text messages, Twitch app messages, and/or other communication forms (“Communications”). Consenting to receive such Communications is optional and does not have to be agreed to in order to be eligible to enter the Promotion and does not improve your chances of winning. In the event you do consent to receive these Communications, such Communications and the use of your e-mail address, mobile phone number, Twitch account, your name and other information shall be subject to the privacy policy of Sponsor (the “Privacy Policy”), which is available at http://www.watchstadium.com/privacy/. Any information you submit as part of the Promotion will be treated in accordance with the Privacy Policy. Except where prohibited, participation in the Promotion constitutes your consent to Promotion Entities’ use of your name, likeness, Entry, and state of residence for promotional purposes in any media without further payment or consideration.

    4. Limitations of Liability: Sponsor, Wendy’s International, LLC, and other participating sponsors (collectively with Sponsor, the “Promotion Entities”) their respective affiliates, subsidiaries, parent, advertising and promotion agencies, and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) are not responsible for: any incorrect or inaccurate Entry information; human error; technical malfunctions; transmission or other delays affecting submission or receipt of an Entry; failures, omission, interruption, deletion, or defect of any network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other person’s computer relating to or resulting from participation in this Promotion; inability to access or view the Feed, the Program, the Trivia Question, or the Website; theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or human or other errors; and any entries which are late, lost, incomplete, misdirected, stolen, or any combination thereof. Online submission of an Entry is not considered proof of delivery or receipt. All Entries become the property of Sponsor and will not be returned. By submitting an Entry, you agree to release, discharge, indemnify and hold harmless the Promotion Entities, and their respective parent companies, subsidiaries, their respective representatives and agents, advertising and promotion agencies, promotion partners and prize suppliers, and all of their respective affiliated companies, employees, officers, directors and shareholders, from and against all claims and damages or liability arising in connection with your participation and/or entry in the Promotion and/or their receipt or use of any prize awarded in this Promotion or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion. Any and all warranties and guarantees are subject to the respective manufacturer’s terms. Except where prohibited by applicable law, the winner’s Entry and acceptance of the prize constitutes permission for the Promotion Entities to use said winner’s names, photographs, likenesses, statements, biographical information, voices, and city and state addresses on a worldwide basis, and in all forms of media, in perpetuity, without further compensation. If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

    5. How Winners will be Determined: There will be a maximum of one (1) winner for each Trivia Question asked during each weekly episode of the Program during the Promotion Period (each a “Promotion Winner”) and a total of five (5) Promotion Winners during the Promotion Period. The Promotion Winner for each Trivia Question will be the entrant who submits the first correct Entry received by the Sponsor for the Trivia Question. Decisions of Sponsor with respect to each Promotion Winner and other matters pertaining to the Promotion will be final. A prospective Promotion Winner may be required to sign an affidavit of eligibility and release of liability and publicity (where permitted), and return same, properly executed, within five (5) days of issuance of prize notification. If Sponsor is unable to contact the prospective Promotion Winner within three (3) days from first notification attempt, if the prospective Promotion Winner fails to complete and return all requested forms by the specified date, or if the prospective Promotion Winner fails to comply with any of the requirements, his/her prize will be forfeited and an alternate prospective Promotion Winner shall be selected. The odds of winning depend upon the number of eligible entries received.

    6. Conditions of Entry: Entries that have been tampered with or altered as determined by Sponsor in its sole discretion are void. If, Sponsor determines in its sole discretion that there is any suspected or actual evidence of electronic or non-electronic tampering with an Entry or any portion of the Promotion, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and void any entries submitted fraudulently, to modify or suspend the Promotion, or to terminate the Promotion and conduct a random drawing to award the prize using all eligible, non-suspect entries received as of the termination date. Should the Promotion be terminated prior to the stated expiration date, notice will be posted on the Website. In the event of a dispute as to the identity of the winner based on a Twitch account, the winning Entry will be declared made by the authorized account holder of the Twitch account submitted at time of Entry. CAUTION: ANY ATTEMPT BY YOU, IN SPONSOR’S SOLE DISCRETION, TO DELIBERATELY DAMAGE THE WEBSITE, THE FEED, OR TWITCH OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM YOU TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

    7. Prize: Five (5) Promotion Winners will be selected, one (1) for each showing of the Program during the Promotion Period. Each Promotion Winner will receive (a) a “year worth of burgers” awarded as a Wendy’s Gift Card totaling $500.00 in value and based on two (2) Dave’s Single® hamburgers per week, at an average price of $4.19 per hamburger, for one (1) year and (b) a 2018 team jersey of the team for which an athlete appearing during the corresponding weekly showing of the Program played with an approximate value of $120.00. Approximate retail value (“ARV”) of the Promotion Prizes: $620.00 for each Promotion Winner, $3100.00 in total for all Promotion Winners.
    The specifics of all aforementioned elements of the Promotion Prizes shall be solely determined by Promotion Entities. All costs, taxes, fees, and expenses associated with any element of the Promotion Prize not specifically addressed above are the sole responsibility of each Promotion Winner. All federal, state and local taxes on the Promotion Prize are the Promotion Winner’s responsibility.
    Promotion Prizes are non-transferable and no substitution will be made except as provided herein at the Promotion Entities’ sole discretion. Promotion Entities reserve the right to substitute the Promotion Prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason.
    Promotion Prizes cannot be transferred, substituted, or redeemed for cash except at Sponsor’s sole discretion.
    All Wendy’s Gift Card terms and conditions apply.

    8. Disputes/Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these contest rules, or your or any Promotion Entity’s respective rights or obligations in connection with the Promotion, shall be resolved individually, without resort to any form of class action, by arbitration before three arbitrators in accordance with American Arbitration Association Rules and under the laws of the State of Illinois (without giving effect to the choice or conflict of law principles thereof); provided, however, such agreement to arbitrate shall not apply to or cover any claim by you or any Promotion Entity for injunctive or equitable relief. Judgment on any award rendered may be entered in any court of competent jurisdiction. Any such arbitration shall be in the Chicago, Illinois metropolitan area and you expressly consent to the jurisdiction of and venue in such courts and waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts, in each case as may be necessary to enforce this provision or from which injunctive or equitable relief is sought. You agree to service of process by mail or other method acceptable under the laws of the State of Illinois.
    ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. YOU HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.

    9. Sponsor: 120 Sports LLC dba Stadium, 1901 W. Madison St., Chicago, Illinois 60612.

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