OFFICIAL RULES (“Rules”)
NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF MONEY WILL NOT IMPROVE THE CHANCES OF WINNING.
The Sweepstakes is not in any manner sponsored, endorsed, administered by, or associated with Google, Apple, Instagram or any of the Prize manufacturers.
The “Waffle Smash” Sweepstakes (the “Sweepstakes”) is open only to legal residents of the United States of America, and shall be construed and governed in accordance with applicable U.S. law and state laws.
SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored and administered by Wamba Technologies LLC, (the “Sponsor” or the “Administrator”, as the context hereof so indicates) located at 15150 N Hayden Rd., Suite 100, Scottsdale, AZ 85260.
ELIGIBILITY: The Sweepstakes is open to legal residents of the United States of America who (1) are at least thirteen (13) years of age and have parental consent, and (2) have an active, public, personally registered Instagram account, at the time of entry (the “Eligible Individuals”, and Eligible Individuals who participate in the Sweepstakes, “Entrants”). Employees, officers and representatives of the Sponsor/Administrator, its parent companies, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, and the officers, directors, agents, and employees of each of the foregoing, and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above (collectively, the “Released Parties”) are NOT Eligible Individuals and shall not participate nor be Entrants in this Sweepstakes. Non-compliance with any of these Official Rules will result in disqualification. Void where prohibited or restricted by law. (For the avoidance of doubt, any references in these Rules to Entrants shall also include the Entrants who are deemed the Winners (as defined below)).
AGREEMENT TO COMPLY WITH OFFICIAL RULES: By participating, Entrants agree to abide by, and be bound by, these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth in these Rules.
HOW TO ENTER THE SWEEPSTAKES: The Sweepstakes begins at 12:00:01 a.m. Eastern Time (“ET”) on September 13, 2021 and ends at 11:59:59 p.m. ET on December 13, 2021 (“Sweepstakes Period”). The Sponsor’s database computer is the official time-keeping device for the Sweepstakes. To enter via the video game, “Waffle Smash: Chicken & Waffles”, Entrants will receive a collectible card each time they beat a level with a 3-star win, or beat a prior 3-star win on any given level with a higher score. Some collectible cards will, at random, feature a code at the bottom of the card (an “Entry Code”). An Entry Code may be used on the official Waffle Smash website to enter the Sweepstakes by going into an Eligible Individual’s game wallet within the Waffle Smash game, selecting a collectible card with an unredeemed Entry Code, and tapping on the code which is hyperlinked to the Waffle Smash website, https://www.wafflesmash.com/contest. No purchase or gameplay is required to receive Entry Code(s). Entry Codes into the Sweepstakes may be obtained for free from the Waffle Smash website, https://www.wafflesmash.com/contest.
Each Entrant consents to receive from the Sponsor an Instagram comment and/or an email notifying such Entrant that he/she is a potential Winner (as defined below) if his/her entry is randomly selected. Entrants shall be required to follow @wafflesmashofficial on Instagram to be eligible for the prize drawing. Any Entrant found to be using the Instagram account of a group, company, or other association, will be disqualified. Released Parties are not responsible for: late, incomplete, delayed, undelivered, or misdirected entries. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. By participating, you consent for Sponsor to obtain, use, and transfer your name, address, and other information for the sole purpose of administering this Sweepstakes.
Entries must contain all of the requested information on the Sweepstakes entry form, that information must be accurate, and the Entrant must have a valid personal Instagram page of the same name. Non-conforming entries (and Entrants) will be disqualified. Sponsor reserves the right to reject or disqualify any entry which Sponsor, in its sole and absolute discretion, determines to be inconsistent with the letter or spirit of these Official Rules or potentially damaging to its, the Sweepstakes’, or another person’s image or reputation.
GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (i) infection by computer virus, bugs; (ii) tampering, unauthorized intervention; (iii) fraud; (iv) technical failures or (v) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the Entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without prior notice and without the award the Prizes (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND 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. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of a Prize (defined below), including, but not limited to: (i) any technical errors that may prevent an Entrant from submitting an entry; (ii) unauthorized human intervention in the Sweepstakes; (iii) printing errors; (iv) errors in the administration of the Sweepstakes or the processing of Entries; (v) injury, death, or damage to persons or property; or (vi) claims or actions based on publicity rights, defamation, and/or invasion of privacy which arise, may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt of any Prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. Released Parties are not responsible for any problems or technical malfunction of the Instagram app, any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or Entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to Entrant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrant further agrees that in any cause of action relating to the Sweepstakes and the award and use of any Prize, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney fees. Entrant waives the right to claim punitive, consequential, exemplary, incidental or indirect damages and all rights to have damages multiplied or otherwise increased and any other damages. ENTRANT WAIVES ANY RIGHT IT MAY HAVE TO A JURY TRIAL IN REGARD TO MATTERS ARISING WITH RESPECT TO THE SWEEPSTAKES.
DRAWING AND NOTIFICATION: Seven (7) Prize winners (each a “Winner”) will be selected in a random drawing from among all eligible Entries received throughout the Sweepstakes Period. The Prize drawing will be conducted by the Sponsor/Administrator, whose decisions are final and binding. The Prize drawing will be conducted on or about December 15, 2021. Each potential Winner will be contacted by the Sponsor via Instagram. Odds of winning a Prize will depend on the total number of eligible Entries received throughout the Sweepstakes Period.
PRIZES & PRIZE CONDTIONS: There will be SEVEN (7) Winners. Each Winner, upon the Administrator’s confirmation of such individual’s eligibility, will receive one (1) of the following seven (7) Prize options; the Prize awarded to each Winner to be decided by Administrator at Administrator’s sole and absolute discretion:
- Apple MacBook Air (ARV - $999)
(QTY: 1. Total ARV: $999);
- Sony PlayStation 5 (ARV - $499)
(QTY: 4. Total ARV: $1,996); and
- Apple iPhone 12 (ARV - $879)
(QTY: 2 Total ARV: $1,758) (each, a "Prize")
Total Prize Value - $4,753 USD. All expenses, taxes and fees associated with Prize acceptance or usage are the responsibility of the respective Winners. NOTE: Substitution, assignment or transfer of any Prize is not permitted, except by Sponsor, who reserves the right to substitute a Prize with another of equal or greater value. The Winners also acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prize(s).
NOTE: If a selected potential Winner is less than the age of majority in their state of primary residence at the time they are notified as a potential Winner, the minor’s parent/legal guardian must accept the Prize and all Prize conditions listed herein on the minor’s behalf.
Each potential Winner must sign and return to the Administrator, within five (5) days of the date that Prize notification is sent by the Administrator to such Winner, an “Affidavit of Eligibility, Liability & Publicity Release” (the “Affidavit”) in order to claim his/her Prize. The potential Winners may also be asked to complete an IRS Form W9. Note: The Affidavit sent to a potential Winner will require that the Winner provide their Social Security Number to the Administrator, which will be used solely for tax reporting purposes. The Winners are responsible for all local, state, and federal taxes associated with the receipt of their Prize. The Winners are advised and acknowledge by their acceptance of a Prize, that the value of their accepted Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of the Prize. The Winners are solely responsible for all matters relating to their Prize after it is awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to a potential Winner, if a potential Winner cannot be reached or does not comply with notification instructions within two (2) days from the first notification attempt, or if a potential Winner fails to return the Affidavit and other requisite document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected for the Prize in question.
By accepting a Prize, where permitted by law, each Winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time their full name, portrait, Sweepstakes Entry, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification.
DISPUTES: By entering the Sweepstakes, Entrants agree that i) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any Prize awarded, 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 the Sweepstakes but in no event attorney fees. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrants and Sponsor or the Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of Arizona. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts of Arizona, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
MISCELLANEOUS: These Official Rules contain the full and complete understanding of the Entrants and Sponsor/Administrator with respect to the Sweepstakes and supersede all prior and contemporaneous agreements, representations, and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor/Administrator, and Entrant.
WINNERS LIST REQUEST: To request confirmation of the name, city, and state of residence of each Winner, please send a self-addressed, stamped business size envelope, by March 10, 2022, to: Wamba Technologies, LLC “C/O Waffle Smash Sweepstakes” 15150 N Hayden Rd., Suite 100 Scottsdale, AZ 85260.
The Sweepstakes is not in any manner sponsored, endorsed, administered by, or associated with Google, Apple, Instagram or any of the Prize manufacturers.