Sweepstakes: This Wewalka Summer Fling Sweepstakes (“Sweepstakes”) begins at 12:00:01 PM ET on Wednesday, July 8, 2015, and shall end at 11:59:59 PM ET on Wednesday, August 19, 2015 (“Sweepstakes Period”). From all eligible entries received in connection with the Sweepstakes, exactly seven (7) winners (“Prize Winner(s)”) will be determined, as set forth in section 5 below. Participation in the Sweepstakes is described, regulated and clarified by, and wholly subject to, the provisions of these official rules (the “Official Rules”).
Sponsor: The Sweepstakes will be sponsored and administered by Wewalka Trading Corp.
Eligibility: The Sweepstakes is open only to (a) individuals legally residing in the United States or the District of Columbia (excluding Alaska, Hawaii, Guam, Puerto Rico, and all other U.S. and foreign territories and possessions) (the “Eligibility Area”); (b) who are eighteen (18) years of age or older or the age of majority in their states of residence if the age of majority is greater than 18), and (c) who are authorized holders of either a Facebook, Instagram, or Twitter account, as of the time of entry. Directors, officers and employees of Sponsor and its affiliates, subsidiaries, advertising and promotional agencies, and all other entities or individuals associated with the development, administration, or fulfillment of this Sweepstakes, if any (collectively, the “Sweepstakes Entities”), and the immediate families of such persons (defined as spouse, child, sibling, parent or grandparent or so-called “step” or “half’ variations of any of the preceding individuals), and those living in their same households, are ineligible to enter, win or collect prizes in the Sweepstakes. Only individuals meeting all eligibility requirements set forth in these Official Rules may participate in the Sweepstakes or win a prize (“Entrant”). The Sweepstakes is VOID outside of the Eligibility Area and where otherwise prohibited or restricted.
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How to Enter: To participate in the Sweepstakes, Entrant must submit a digital photograph that depicts Entrant’s favorite summertime pizza, puff pastry or croissant item, which photo must be submitted between 12:00:01 PM ET and 11:59:59 PM ET on any Wednesday during the Sweepstake Period (“Entry Period”), via any one of the following entry methods:
Facebook Entry: To enter the Sweepstakes via Facebook, Entrant must have a Facebook account. Entrant can create a Facebook account by downloading the free Facebook application or program, accessing the Facebook platform, and following the instructions to create an account. To enter the Sweepstakes, Entrant may either (a) post the entry photograph to Entrant's Facebook page and tag Sponsor with the handle @wewalka, or (b) post the entry photograph to Sponsor’s Facebook page located at https://www.facebook.com/wewalka using the hashtag #WewalkaSummerFlingSweeps, during the Entry Period. Entrant’s photo must be viewable by the public to enter via Facebook. See the Facebook privacy settings to make the photo public.
Instagram Entry: To enter the Sweepstakes via Instagram, Entrant must have an Instagram account. Entrant can create an Instagram account by downloading the free Instagram application or program, accessing the Instagram platform, and following the instructions to create an account. To enter the Sweepstakes, Entrant must post the entry photograph to Instagram using the hashtag #WewalkaSummerFlingSweeps during the Entry Period. Entrant’s Instagram account must be public to enter via Instagram.
Twitter Entry: To enter the Sweepstakes via Twitter, Entrant must have a Twitter account. Entrant can create a Twitter account by downloading the free Twitter application or program, accessing the Twitter platform, and following the instructions to create an account. To enter the Sweepstakes, Entrants must post the entry photograph to Twitter using the hashtag #WewalkaSummerFlingSweeps during the Entry Period. Entrant’s Twitter account must be public to enter via Twitter.
Before entering the Sweepstakes, the “Photos are Private” option in your social media account settings must be set to “Off.” Upon approval of your entry photograph, Entrant will automatically receive one (1) entry (“Entry”) to the Sweepstakes for the applicable weekly drawing and Grand Prize drawing (as defined below). Any attempted entries posted without a photograph and the appropriate hashtag will be discarded and will not be eligible for the drawings. Once submitted, Entries may not be modified, deleted or cancelled.
Limit one (1) Entry per person per calendar week. Submission of multiple Entries by or on behalf of the same person may result in ineligibility with respect to all Entries for such Entrant. In the event of a dispute regarding the identity of an Entrant, the registered owner of the applicable Facebook, Instagram or Twitter account will be deemed to be the Entrant. The Entry photograph must meet all entry requirements described in these Official Rules. The clock on Sponsor’s database server shall be the official timekeeper for this Sweepstakes. Using any device to automate the entry process is prohibited, and any such Entries are void. Entrant’s participation in the Sweepstakes constitutes and is deemed such Entrant’s full and unconditional agreement to the Official Rules and any and all decisions of Sponsor and any third-party judges, which are final and binding in all respects. Entrant agrees to waive any right to claim ambiguity in the Sweepstakes and/or these Official Rules. All Entries become the property of Sponsor and will in no event be acknowledged or returned to any Entrant or other person. This Sweepstakes is not sponsored, endorsed or administered by Facebook, Instagram or Twitter. All information submitted by entrants in connection with this Sweepstakes is being submitted to Sponsor, not Facebook, Instagram or Twitter. To the extent of any conflict between these Official Rules and terms, guidelines or policies of Facebook, Instagram or Twitter, these Official Rules will apply.
Photograph Submission Requirements: To be eligible for the Sweepstakes, the Entry photograph that Entrant submits must meet all of the following criteria: (1) The photograph submitted must have been taken by Entrant and must be Entrant’s original work. (2) The photograph must be submitted electronically via one of the sanctioned social media platforms referenced in these Official Rules using the #WewalkaSummerFlingSweeps hashtag or @wewalka handle, as prescribed above. (3) The photograph must not infringe or misappropriate the rights of any party, including, without limitation, any copyright rights, trademark rights, rights of publicity, or rights of privacy. (4) The photograph must not contain any material that is or may be perceived as violent, immoral, offensive, illegal, pornographic, obscene, inappropriate, or representing Sponsor in a negative way or in a manner inconsistent with Sponsor’s brand and/or reputation, as determined by Sponsor in its sole and absolute discretion. (5) The photograph must not contain any material that depicts, encourages, or suggests any activity that is illegal, immoral, dangerous, unsafe, or presents an unreasonable or undue risk of harm to person or property, as determined by Sponsor in its sole and absolute discretion. (6) The photograph must not have been dangerous or unsafe to make or produce. (7) The photograph must not contain or depict any logo, trademark, service mark, storefront, trade dress, mascot, photograph, or other image of any business or company other than Wewalka. (8) The photograph, including all material and all rights embodied therein, will become the sole and exclusive property of Sponsor immediately upon submission. (9) Once Entrant submits the photograph, Entrant has no rights in the photograph and may not distribute, disseminate, sell, use, license, or post the photograph or any copies of it in any medium (including other Internet sites) without the prior express written consent of Sponsor. (10) By submitting the photograph, Entrant represents and warrants to Sponsor that the Entry satisfies each of the foregoing requirements. Failure to satisfy any of these requiruents, as determined by Sponsor in its sole and absolute discretion, may render Entrant and any photograph ineligible.
How to Win: Drawings shall take place on Wednesdays of each calendar week during the Sweepstakes period, Sponsor, or its designated agent, will select one (1) winner (as described below) by random drawing from among all eligible Entries received during the preceding calendar week (each a “Weekly Winner”). There will be a total of six (6) Weekly Winners. Weekly drawings are July 15, July 22, July 29, August 5, August 12 and August 19. Grand prize drawing is August 24, 2015, Sponsor, or its designated agent, will select one (1) Grand Prize Winner by random drawing from among all eligible Entries received during the Sweepstakes Period (“Grand Prize Winner”).
Prizes: The Grand Prize Winner will receive (a) a Weber Genesis S-310 gas grill (or similar valued grill), and (b) a one-year supply of Wewalka refrigerated Dough delivered monthly (up to 30 products per month) (“Grand Prize”). The name of the prize manufacturer is for descriptive purposes only. Weber is not a sponsor or participant of this Sweepstakes. Approximate retail value of the Grand Prize is $1,900.00. Each Weekly Prize Winner will receive (a) Cuisinart CPS-013 Alfrescamore Pizza Grilling Stone (or similar valued stone), (b) Cuisinart CGS-5014 14 pc Grilling Tools Set, (or similar valued grill tools set), and (c) a sample package of Wewalka Doughs (3 of each) (“Weekly Prize”). Approximate retail value of the Weekly Prize is $150.00. The Weekly Prize item may be substituted by Sponsor for item of equal or greater value. The odds of winning the Prize depends on the number eligible Entries received. Sponsor, or its designated representative, will attempt to notify the potential Prize Winner of his/her winning status via the social platform through which Entrant submitted the winning Entry, and will be required to provide, within three (3) days of notification, such winner’s telephone number or mail address to Sponsor. Before any Prize is awarded, the potential Prize Winner may be required to complete, sign, and return an Affidavit of Eligibility (“Affidavit”) and, where lawful, a Liability/Publicity Release (“Release”) (collectively, “Affidavit and Release”). If the Affidavit and Release are not signed and returned prior to the time deadline indicated in the documents, or if a potential Prize Winner does not meet eligibility criteria set forth in these Official Rules, or is otherwise unwilling or unable to comply with these Official Rules, or cannot be contacted within three (3) days of delivery of the notification, an alternate winner will be selected by Sponsor by random drawing from among the ruaining eligible Entries. Upon receipt and verification of the Affidavit and Release and compliance with the Official Rules, Prize Winner will be contacted with further details as to how Prize Winner may redeem the Prize. Please allow 4 to 6 weeks for delivery of any prize. No more than the advertised number of Prizes will be awarded.
Rights in Entries. As a condition of participating in the Sweepstakes, any Entry that Entrant submits, including all copyright rights and other intellectual property rights in and relating to that Entry, immediately become the sole and exclusive property of Sponsor. As the owner of all rights in each submitted Entry, Sponsor has the perpetual, worldwide right (but no obligation) to edit, adapt, modify, reproduce, display, publish, distribute, assign, sell, transfer, and otherwise use (unless prohibited by applicable law) the Entry (including all material embodied therein) in any way, in any media now or hereafter known (such as through other social media platforms including Instagram®, Facebook® and Twitter®), and for any purpose, including trade, advertising or promotional purposes, as Sponsor determines, in its sole and absolute discretion, without further notice or compensation to Entrant, to those depicted in the Entry, or to any other parties. Unless prohibited by law, participation in the Sweepstakes and in the creation and submission of an Entry constitutes consent by Entrant to use Entrant’s name (or username), age, Entry, image, likeness, hometown, state of residence and/or statement in any manner and in any medium now known or later developed, for any purpose, including Sweepstakes, promotional, advertising, and trade purposes, without payment, consideration, authorization or remuneration to the Entrant. In addition, each Entrant warrants that any so called “moral rights” in the Entry have been waived and Entrant acknowledges and agrees that Sponsor may use any ideas from any Entry or other submitted materials, whether or not Entrant has been awarded a prize in connection with any such Entry or other materials.
General Conditions: Neither Sponsor nor any of the other Released Entities (defined below) are responsible for lost, late, incomplete, stolen, misdirected, illegible, or incomplete Entries, or for any incorrect or inaccurate information, whether caused by Entrants, tampering, or by any of the equipment or programming associated with or utilized in the Sweepstakes, and neither Sponsor nor any of the Released Entities assume responsibility for any error, omission, defect, theft, destruction, or unauthorized access to the materials related to the Sweepstakes. 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 these Official Rules, or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. If for any reason the Sweepstakes is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, actions by Entrants, fraud, or any other causes which, Sponsor in its sole opinion, deems could corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes. Notification of any such cancellation, termination, modification or suspension shall be posted at http://wewalka.us/summer-fling-sweepstakes. If the Sweepstakes or any portion of the Sweepstakes is terminated before the end of the Sweepstakes Period, alternate Prize Winners will be selected in accordance with these Rules from among the eligible Entries received as of the termination date of the Sweepstakes. In the event that a Prize cannot be awarded for any reason, or a Prize Winner is not capable of redeeming, or otherwise fails to redeem, a Prize for any reason, Sponsor reserves the right, in its sole discretion, to substitute any Prize (or portion of a Prize) with a Prize of comparable or greater value, or award such Prize to a substitute winner from among all remaining eligible Entries, as necessary. An individual is not a Prize Winner until he or she has fully complied with these Official Rules. No transfer, assignment, cash redemption or substitution of a Prize is permitted without the written consent of Sponsor. No portion of the Prize has any cash value and no portion of the Prize may be sold, offered for sale, assigned, transferred, offered for transfer, photocopied, duplicated or exchanged for cash, merchandise or services, in whole or part, without the advance written consent of Sponsor. No portion of the Prize may be listed or offered for sale on eBay, Craigslist, or similar auction websites.
General Release and Hold Harmless: By entering this Sweepstakes and/or accepting a Prize, each Entrant and Prize Winner (for himself or herself and his or her heirs) hereby releases, holds harmless, and forever discharges each of the Sweepstakes Entities, and all of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, and all of their respective directors, officers, governors, employees, shareholders, and agents (collectively, the “Released Entities”) from any and all liability, loss, harm, damage, cost, or expense (collectively, a “Loss”) (i) associated with the Entrant’s participation in this Sweepstakes, redemption of any Prize in connection with this Sweepstakes, attendance at any events related to this Sweepstakes, and/or use or misuse of any Prize, including, but not limited to, all reasonable counsel fees and court costs incurred, property damage, personal injury, and/or death; (ii) related to the production, promotion, or execution of this Sweepstakes (or participation therein), or claims based on publicity rights, defamation, or invasion of privacy; and (iii) that may occur in connection with acceptance and/or use of the Prize or while participating in or traveling to any Prize-related activity.
Limitations of Liability: Except where prohibited, Entrants agree that: (i) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, or the determination of the Prize Winner, shall be resolved individually, without resort to any form of class action; and (ii) 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. IN NO EVENT WILL ANY OF THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, CLAIMS, ACTIONS, DAMAGES, LOSSES, OR LIABILITY OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM OR ARISING FROM PARTICIPATION IN, OR THE PRODUCTION, PROMOTION, OR ADMINISTRATION OF, THE SWEEPSTAKES, OR ACCEPTANCE, POSSESSION, USE, MISUSE, OR NONUSE OF A PRIZE THAT MAY BE AWARDED. 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. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. ANY ATTEMPT BY A ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD ANY SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Non-Waiver: The failure or delay by Sponsor in enforcing any particular clause, provision, or aspect of these Official Rules shall not impact the validity, enforceability, or effect of any other clause, provision, or aspect of these Official Rules.
Miscellaneous: By participating in the Sweepstakes, each Entrant agrees to be bound by these Official Rules and the decisions or interpretations of Sponsor regarding the Official Rules, which are final and binding in all respects. Non-compliance with these Official Rules shall result in disqualification from the Sweepstakes. By participating in the Sweepstakes, each Entrant waives any right to claim ambiguity in these Official Rules.
Publicity: Except where and as may be prohibited by law, acceptance of a Prize constitutes the Prize Winner’s express permission for Sponsor and its designees to use the Prize Winner’s name, photograph, image, likeness, voice, opinions, hometown, state of residence, statement and any other identifying characteristics, including, but not limited to the taking of photographs and/or videos, in any manner and in any medium, not known or hereafter discovered or devised, worldwide in perpetuity, for purposes of advertising, marketing, trade, promotion and/or publicity, without further notice, review, approval or authorization by Prize Winner and without payment or consideration to Prize Winner.
Privacy: Sponsor will collect, use, and protect personal data in accordance with Sponsor’s privacy policy, available for review at http://wewalka.us/privacy-policy. In the event of any discrepancy between Sponsor’s privacy policy and these Official Rules, the privacy policy will govern and control.
Venue and Applicable Law: All issues and questions concerning the construction, validity, interpretation, and enforce-ability of these Official Rules, or the rights and obligations of Entrant and/or Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Georgia without regard to conflicts of law/choice of law doctrine of Georgia or any other jurisdiction, and all proceedings shall take place exclusively either in the United States District Court for the Northern District of Georgia, or Fulton County State Court located in Atlanta, Georgia.
Disclosure of Winners: The list of Sweepstakes winners will be published at http://wewalka.us/summer-fling-sweepstakes and will be available until September 7th, 2015. Only the first name and first initial of the last name of Winners will be provided.
