1. ELIGIBILITY. They Morty’s Adult Swim Festival Sweepstakes (“Sweepstakes”) is open to legal residents of (and who are physically present in) the 48 contiguous United States and the District of Columbia who are eighteen (18) years of age or older at the time of entry. The following are ineligible: employees and their spouses, immediate families (parent, child, sibling and any of their respective spouses) and household members of any of the foregoing (whether or not related) of The Cartoon Network, Inc. (“Sponsor”), Wendy’s International, LLC, Wendy’s National Advertising Program, Inc., and Quality Is Our Recipe, LLC (collectively, “Wendy’s”), Warner Media LLC, and Wyng, Inc. (the “Administrator”) and each of their respective parents, subsidiaries, divisions, trustees, franchisees, participating vendors, distributors, cable affiliates, advertising and promotion agencies and affiliated entities (collectively, including Sponsor, Wendy’s, and Administrator, the "Sweepstakes Entities"), and any person who has won a prize in any sweepstakes and/or contest conducted by Sponsor in the past six (6) months.
The Sweepstakes is governed by U.S. law and is subject to all applicable federal, state and local laws and regulations. By entering the Sweepstakes, participants agree to accept and be bound by all terms of these Official Rules. Void in Puerto Rico, U.S. territories and possessions and where prohibited or restricted by law.
2. HOW TO ENTER. To enter the Sweepstakes, participants must visit the website located at https://adultswim.wyng.com/mortys during the Entry Period (defined below) and follow the directions to enter by providing and submitting information requested, including, participant’s name and email address. Participants may enter the Sweepstakes beginning at 09:00 a.m. Eastern Time (“ET”) on November 12, 2021 until 11:59 p.m. ET on December 10, 2021 (“Entry Period”). No other methods of entry will be accepted.
To be eligible, entries must be submitted and received during the Entry Period. Sponsor’s computer is the official time and date clock. Entries must be submitted in the name of an eligible living person. All entries become the property of the Sponsor and will not be acknowledged. Proof of submitting an entry does not constitute proof that Sponsor received the entry in the Sweepstakes.
Limit: one (1) entry per person/household/email address per calendar day. Multiple entries received in violation of the entry limitation, false or deceptive acts or entries, or entries generated by script, macro or other automated means will be void, will render a participant ineligible, and also may result in participant no longer being allowed to enter Sponsor’s sweepstakes, contests or other promotions in the future, at Sponsor’s sole discretion.
The Sweepstakes Entities, Wendy’s and each of their respective employees, officers, directors, representatives and agents (collectively, the “Released Parties”) are not responsible for misdirected, incomplete, lost, late, illegible, undelivered, inaccurate or delayed entries, or for technical, hardware, or software failures of any kind, lost or unavailable network, cable, satellite, Internet service provider, telephone, telephone lines or other connections, preemptions, blackouts or any other non-controllable acts concerning a television broadcast, failed, incomplete, garbled or delayed computer transmissions or other errors or problems of any kind which may limit or affect a person’s ability to participate in the Sweepstakes, whether human, mechanical, typographical, printing, electronic, network or otherwise, relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes or in any Sweepstakes-related materials. In the event of sabotage, acts of God, terrorism or threats thereof, computer virus or other events or causes which corrupt or undermine the integrity, administration, security or proper operation of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to disqualify entrants and/or modify, cancel or suspend the Sweepstakes. In the event of termination, Sponsor reserves the right, at their sole discretion, to award the prizes from among all non-suspect eligible entries received up to the time of such action.
3. HOW TO WIN; ODDS OF WINNING:
On or around December 17, 2021, potential winner(s) (collectively, when verified by Sponsor as set forth below, the “Winners,” each individually a “Winner”) will be randomly selected by Sponsor, from among all eligible entries received during the Sweepstakes Period. The odds of winning will depend on the total number of eligible entries received. Each Winner will be notified by Sponsor or Administrator via email and must meet all eligibility requirements including timely replying to Sponsor’s notification and executing and returning all necessary releases and documents (if any) required by Sponsor. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules.
Sponsor or Administrator will attempt to contact a potential winner up to three (3) times. At the sole discretion of Sponsor, disqualification may result from any of the following: If the potential Winner (i) fails to respond to the notification or contact Sponsor within a reasonable period of time or no longer than two (2) days from the date Sponsor sends such notice, (ii) fails to sign and return all necessary documents within the time period designated by Sponsor, (iii) declines the prize, (iv) fails to provide Sponsor with satisfactory proof of age, identity and residency, or (v) fails to comply with any of the Official Rules as outlined herein, such potential Winner will be disqualified and an alternate Winner will be chosen. Prizes which have not been claimed by a Winner within thirty (30) days of the close of the Sweepstakes may not be awarded.
The decisions of Sponsor and Administrator in all matters regarding this Sweepstakes are final and binding.
4. PRIZES: The prizes to be awarded are as follows:
Fifty (50) Winners will receive a Morty’s prize pack comprised of an Adult Swim Festival branded water bottle, a Morty’s hat, a Morty’s French fry holder and a Wendy’s gift card valued at US$25.00, for an approximate retail value (“ARV”) of Seventy-Five US Dollars ($75.00) per prize pack.
The total ARV of all prizes (50 prizes) is Three Thousand Seven Hundred and Fifty US Dollars (US $3,750.00).
No substitution or transfer of prizes or cash redemption is permitted. Sponsor reserves the right to substitute a prize (or portion thereof) of comparable or greater value in the event the advertised prize (or portion thereof) is not available for any reason, at its sole discretion. Prize is awarded “as is” with no warranty or guarantee, either expressed or implied by the Sponsor. Gift cards and certificates are subject to the redemption policy of the issuer. Winners are responsible for the reporting and payment of all federal, state and local taxes (if any) and any other costs and expenses associated with prize acceptance and use not specified in these Official Rules and/or in the applicable entry instructions as being provided. All details of the prizes not specified herein at Sponsor’s sole discretion.
Limit: One (1) prize per person/ household/ email address.
5. GENERAL. By participating in this Sweepstakes, you consent to being contacted by Sponsor, Administrator, or their designees via email. By participating in this Sweepstakes, participants grant the Sweepstakes Entities the right, unless prohibited by law, to use the participant’s name, voice, picture and likeness, and biographical information, without compensation, further notification or approval, for the purpose of advertising and publicizing the goods and services of the Sweepstakes Entities and all matters related to the Sweepstakes, in any manner or medium, throughout the world in perpetuity.
THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY RESPONSIBILITY AND PARTICIPANTS AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS AND/OR LIABILITIES FOR INJURY/DEATH, DAMAGE OR LOSS TO ANY PERSON OR PROPERTY RELATING TO OR ARISING IN CONNECTION WITH PARTICIPATION IN THIS SWEEPSTAKES (REGARDLESS OF THE CAUSE OF SUCH INJURY OR LOSS), THE DELIVERY AND/OR SUBSEQUENT USE OR MISUSE OF THE PRIZE AWARDED AND/OR PRINTING, DISTRIBUTION OR PRODUCTION ERRORS OR FOR LOST, LATE, MISDIRECTED, INCOMPLETE, CORRUPTED OR ILLEGAL/UNAUTHORIZED SUBMISSIONS. WINNER ACKNOWLEDGES THAT THE PRIZE IS AWARDED “AS IS” AND THAT SPONSOR HAS NOT MADE, AND IS NOT IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY REPRESENTATION, GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, IN LAW OR IN FACT, RELATIVE TO ANY PRIZE, INCLUDING, BUT NOT LIMITED TO ITS QUALITY, MECHANICAL CONDITION OR FITNESS FOR A PARTICULAR PURPOSE.
CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Message & Data Rates May Apply: If you choose to participate via a mobile device, message and data rates may apply based on your wireless carrier’s rate plan. Internet access may not be available from your wireless carrier, or in your area. Message and data rates may apply even if your use of a mobile device does not result in Sweepstakes entry.
6. ARBITRATION/CLASS ACTION WAIVER: PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT OR CLASS ACTION IN COURT.
The Sweepstakes Entities and you (“Parties”) agree that these Official Rules affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
Any dispute/claim relating to this contract or its breach, the Official Rules or any prize awarded (“Claim”), that is not informally resolved within fifteen (15) days of notice, shall be finally resolved by arbitration in your state of residence. The arbitration will be administered by the AAA under its AAA Rules, will be conducted in English and by a single arbitrator, and any court with jurisdiction may enter judgment regarding the arbitrator’s award.
Sponsor and Administrator will bear the cost of any arbitration filing fees and arbitration fees for claims of up to Seventy-Five Thousand US Dollars ($75,000 USD), unless the arbitrator determines that the arbitration is frivolous. You are responsible for any other costs that you may incur in the arbitration, including, attorney fees and expert witness costs, unless the Sweepstakes Entities are otherwise required to pay such costs under applicable law. You may pursue your claim in small claims court where jurisdiction and venue over the Sweepstakes Entities is proper if your claim otherwise qualifies for such court and you do not seek any equitable relief.
The Parties agree that the Sweepstakes Entities and you will resolve any Claim on an individual basis, and that any Claim will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding (“Class Proceeding”). The Parties further agree that neither will participate in any current or future Class Proceeding brought by any third party relating to the contract, Official Rules, Promotion or any prize.
If any court or arbitrator determines that the class action waiver is void or unenforceable or that arbitration may proceed on a class basis, then the relevant claim will not be subject to arbitration and must be litigated in federal court located in New York, New York.
The agreement to arbitrate and class action waiver also apply to any Claims you assert against the Sweepstakes Entities’ or their advertisers or their respective present or future parent, subsidiary or affiliated companies.
7. PRIVACY POLICY: Any personally identifiable information collected during participation in this Sweepstakes will be used by Sponsor, Wendy’s, and their respective affiliates, agents and marketers solely for purposes of the proper administration and fulfillment of the Sweepstakes as described in these Official Rules and will otherwise be subject to Sponsor’s Privacy Policy as stated at http://www.adultswim.com/footer/legal/index.html and Wendy’s Privacy Policy, which can be found at https://www.wendys.com/privacy-policy.
8. OFFICIAL RULES OR WINNER’S LIST: For a copy of these Official Rules or the Winner’s Name (which should be available on or about January 10, 2022), send a self-addressed, stamped envelope (residents of VT need not include return postage) to the following address (please specify “Official Rules” or “Winners”): Wendy’s Giftshop Giveaway Festival Sweeps, Attn: Wyng, Inc., Administrator, 287 Park Avenue South, Suite 200, New York, NY 10010. All requests must be received by April 10, 2022.
9. SPONSOR: The Cartoon Network, Inc., on behalf of its Adult Swim block of programming, 1050 Techwood Drive NW, Atlanta, Georgia 30318.
© 2021 The Cartoon Network, Inc. A WarnerMedia Company. All Rights Reserved.
