“Wawa Hoagiefest Ya Ya Contest” (the “Contest”) OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
CONTEST DATES: The Contest begins at 9:00 a.m. Eastern Time (“ET”) on June 24, 2019 and ends at 11:59 p.m. ET on July 28, 2019 (“Contest Period”). For purposes of these Official Rules, all times are given in ET. The Contest Websites (defined below) are the official time keeping device for this Contest.
ELIGIBILITY: The Contest is only open to permanent legal US residents of Delaware, the District of Columbia, Florida, Maryland, New Jersey, Pennsylvania, and Virginia who are thirteen (13) years of age or older at the time of entry (each, a “Contestant”). Employees and their immediate family members (parents, children, siblings or spouse, regardless of where they live, or persons living in the same household, whether related or not) of Wawa, Inc. (“Wawa” or “Sponsor”) and each of its respective parent companies, divisions, affiliates, subsidiaries, distributors, advertising and Contest agencies, and any others engaged in the development, production, execution or distribution of this Contest, including but not limited to The Archer Group, National Sweepstakes Company, LLC (the “Independent Administrator”) and the entities supplying the prizes herein (all of the aforementioned collectively referred to as the “Contest Entities”), are not eligible to participate. The Contest is subject to all federal, state, and local laws and regulations. The Contest is void outside of Delaware, the District of Columbia, Florida, Maryland, New Jersey, Pennsylvania, Virginia and wherever else restricted or prohibited by law. By entering this Contest, Contestants indicate their full and unconditional agreement to, and acceptance of, these Official Rules and the decisions of the Sponsor and/or Independent Administrator, which are final and binding in all respects. Winning a Prize (defined in the “PRIZES” section below) is contingent upon fulfilling all requirements set forth herein.
HOW TO PARTICIPATE: Contestants should submit a video of themselves dancing the “Ya Ya” (each, a “Submission”). There are four (4) ways to submit the video in this Contest: either via (a) Facebook®; (b) Twitter®; (c) Instagram; or (d) TikTok (collectively, the “Websites”). Contestant must only submit a video of themselves. Third parties can be present along with the Constestant in the video. Regardless of the method used to make a Submission, there is a limit of one (1) Submission per Contestant during each Contest Period.
Submission via Facebook®: Contestant must visit www.facebook.com during the Contest Period and upload his/her Submission directly to the Facebook® wall of the Sponsor’s Facebook® page found at www.facebook.com/wawa. Contestant must include the hashtag #HoagiefestContest in the wall post and then click “Post” to receive one (1) Submission into the Contest. Contestant’s Facebook® profile must be set to “public.”Contestant may not use multiple Facebook® accounts to enter.
Submission via Twitter®: Contestant must upload his/her Submission to Twitter from their Twitter® account during the Contest Period. Contestant must include the hashtag #HoagiefestContest in their tweet and then click “Tweet” to receive one (1) Submission into the Contest. Contestant’s Twitter® account must be set to “public.” If the Contestant’s account is not set to “public”, the Sponsor may not be able to view the Submission and the Submission will not be eligible to win. Contestant may not use multiple Twitter® accounts to enter.
Submission via Instagram™: Contestant must upload his/her Submission to their InstagramTM feed during the Contest Period with the hashtag #HoagiefestContest. Contestant must include the hashtag and his/her InstagramTM profile setting must be “public” in order to receive one (1) Submission into the Contest. If the Contestant’s account is not set to “public”, the Sponsor may not be able to view the Submission and the Submission will not be eligible to win. Contestant may not use multiple InstagramTM accounts to enter.
Submission via TikTok: Contestant must upload and post his/her Submission to their TikTok account during the Contest Period and include the hashtag #HoagiefestContest. If the Contestant’s account is private, the Sponsor may not be able to view the video. Contestant may not use multiple TikTok accounts to enter.
This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook®, Twitter®, Instagram™, and TikTok. You understand that you are supplying your information to the Sponsor and not to Facebook®, Twitter®, Instagram™, and TikTok.
SUBMISSION RESTRICTIONS: A Contestant’s Submission via one of the Websites must include the hashtag #HoagiefestContest. Contestants must only submit videos of themselves in their Submission. Should any Submission violate these restrictions, such Submission will be disqualified and will not be eligible to win. Submissions must be submitted in compliance with the formatting and other requirements set forth on the Website where the Submission is made.
ADDITIONAL CONDITIONS: The Submission must be an original work created by the Contestant and cannot have previously won a contest or other promotion. Submission must not have been previously published, must not be awaiting publication, nor may be submitted for publication consideration during the Contest Period. Contestant’s original Submission cannot infringe on the intellectual property, privacy, or publicity rights or any other legal or moral rights of any third party. Submission must be in English and must NOT include the brand name or the trademark of any other manufacturer, except for Wawa.
Submissions not meeting the requirements as set forth in these Official Rules or that contain prohibited, inappropriate, or irrelevant content, as determined by Sponsor and/or Independent Administrator in its sole discretion, will not be eligible for judging and will be disqualified. Any Submission suspected by Sponsor and/or Independent Administrator of violating the proprietary rights of any third party (including but not limited to intellectual property rights and rights of privacy/publicity), or any local, state or federal law(s) will be disqualified, at Sponsor’s sole discretion.
The Released Parties (defined in the “NO LIABILITY” section below) are not responsible for any Submission that is lost, late, misdirected or undeliverable, whether due to system errors, omissions, interruptions, deletions, defects, delays in operation or transmissions or any other reason, theft or destruction or failures, faulty transmissions or other telecommunication malfunctions, Submissions not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, technical malfunctions, or otherwise. Each Submission will be reviewed and approved by the Sponsor before being posted to any of the Websites.
By participating, Contestant agrees that his/her Submission may be shared on social media sites or other websites by the Sponsor.
By submitting a Submission, Contestant grants Sponsor and its affiliated companies worldwide, non-exclusive, perpetual, irrevocable, royalty-free, unconditional, and fully paid-up rights to publicly perform, display, broadcast, or transmit the Submission, in whole or in part, for promotion and marketing purposes worldwide in any and all forms of media, whether now known or hereafter devised, and to distribute (directly or indirectly through multiple tiers) the Submission to Sponsor’s affiliates, its marketing agencies, and to third parties for these purposes. Without limiting the foregoing, each Contestant consents to have his/her Submission, including videos, made available for public viewing and/or comment on the Internet.
Submissions must be truthful in all respects. Contestants further agree and warrant that he/she shall not submit any Submission that is known by the Contestant to (a) be false, inaccurate, or misleading; (b) that infringes on any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (c) that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); and (d) that is or may reasonably be considered defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership, or corporation.
NON-QUALIFYING SUBMISSIONS: Submissions (a) containing generally obscene, lewd, crude, vulgar, profane, defamatory or inappropriate text, including acts of violence or acts that appear to cause harm; (b) containing other offensive content and/or any content expressing explicit, graphic or excessive indecent content that is or could be considered inappropriate, unsuitable, or offensive; (c) containing and displaying third-party brands prominently and intentionally, or any materials that violate or infringe (or may infringe) any copyright (including, without limitation, music or artistic work), trademark, logo, or other mark that identifies a brand, entity or other proprietary right of any person living or deceased, including but not limited to rights of privacy or publicity or portrayal in a false light; and/or (d) otherwise violate these Official Rules, as determined by Sponsor, in its sole discretion, shall be disqualified from the Contest. Sponsor reserves the right to disqualify a Submission with offensive content or material that it feels is inappropriate in any way. Late Submissions or Submissions sent via any other method than those stated above will not be accepted.
JUDGING/WINNING: On or about July 29, 2019, all eligible Submissions received during the Contest Period will be judged by the Sponsor based on the following criteria:
Creativity of Video: (70%)
The fifteen (15) Submissions receiving the highest scores will be deemed the prize winners (each, a “Prize Winner”). In the event of a tie, the Submission with the highest score in the “Creativity” criterion will be deemed the Prize Winner. If the Submissions involved in the tie have the same “Creativity” score, the Submission receiving the highest score in the “Accuracy” criterion will be deemed the Prize Winner. If the Submissions are still tied, the Sponsor will re-judge each tied Submission based upon the above judging criteria and the Submission receiving the highest score will be the Prize Winner. Sponsor will perform as many “tie breakers” as needed in order to determine the Prize Winners, time permitting.
Sponsor is not responsible for any technical and/or quality issues of any Submission uploaded to a Website for judging.
NOTIFICATIONS/CLAIMS: POTENTIAL PRIZE WINNERS WILL BE NOTIFIED BY THE SPONSOR VIA ANY OF THE METHODS DESCRIBED BELOW WITHIN ONE (1) TO TWO (2) BUSINESS DAYS FROM THE FINAL DETERMINATION OF ALL POTENTIAL PRIZE WINNERS (EACH, A “NOTIFICATION” AND COLLECTIVELY, THE “NOTIFICATIONS”).
Facebook® Notifications: If a potential Prize Winner submitted using the Sponsor’s Facebook® page, such potential Prize Winner will be notified via a comment on his/her Submission. Potential Prize Winner must respond to the post within three (3) business days of the posting date by sending a private message to the Sponsor’s Facebook® page with specific personal information to include his/her first name, last name, physical address, city, state, zip, date of birth, and T-shirt size along with the Facebook username.
Twitter® Notifications: If a potential Prize Winner submitted using Twitter®, such potential Prize Winner will be contacted via @reply on his/her Tweet. Potential Prize Winner must respond to the direct message within three (3) business days of the message date by replying to the direct message with specific personal information to include his/her first name, last name, physical address, city, state, zip, date of birth, and T-shirt size. It is highly recommended that you confirm your Twitter notification settings are set to public.
Instagram™ Notifications: If a potential Prize Winner submitted using Instagram™, such potential Prize Winner will be contacted via a comment on his/her Submission and also by a direct message with the potential Prize Winner via their Instagram™ account. The direct message will request that the potential Prize Winner reply back with specific personal information to include first name, last name, physical address, city, state, zip, date of birth, and t-shirt size along with the Instagram™ username, within two (2) days of receipt. It is highly recommended that you confirm your Instagram™ notification settings are set to public.
TikTok Notifications: If a potential Prize Winner submitted using TikTok, such potential Prize Winner will be contacted by email registered to the potential Prize Winner’s TikTok account. Potential Prize Winner must reply back with specific personal information to include first name, last name, physical address, city, state, zip, date of birth, t-shirt size and TikTok username within two (2) days of receipt.
In the event the Sponsor cannot reach a potential Prize Winner via the applicable Notification method listed above, a potential Prize Winner does not respond by the date indicated within such Notification, or if it is determined by Sponsor, in its sole discretion, that a potential Prize Winner is not eligible in accordance with these Official Rules, such potential Prize Winner will be disqualified (without compensation of any kind). An alternate Prize Winner will not be selected.
Each Prize Winner consents to the use of Prize Winner’s name, address (city & state), biographical information, voice and/or likeness for purposes of advertising, promotion and publicity, for this Contest only, without further compensation, unless prohibited by law. All Prizes (defined below) will be awarded approximately six (6) to eight (8) weeks from the date in which all Prize Winners are confirmed. In the event a Prize is returned as “undeliverable” and the accurate address of such Prize Winner cannot be obtained, such Prize Winner will be disqualified (without compensation of any kind).
PRIZES: Each Prize Winner will receive Wawa product to include: i) a Wawa Canvas Bag; ii) “Sun’s out, hoagies out” tank top; iii) Sunglasses; iv) water bottle; v) koozie; vi) $5 Wawa gift card; vii) headhphones; and viii) a Hoagiefest beach towel (the “Prize”), having an approximate retail value (“ARV”) of fifty Dollars ($55).
The total ARV of all Prizes to be awarded is eight hundred and twenty five Dollars ($825). Limit of one (1) Prize per household. No transfer, substitution, or cash redemption of Prizes is permitted, except at Sponsor’s sole discretion or as otherwise provided herein. Sponsor reserves the right to substitute a prize of equal or greater value if a Prize becomes unavailable due to reasons beyond the control of the Sponsor. Prize Winners are solely responsible for any federal, state and local taxes if applicable. No more than the number of Prizes set forth in these Official Rules will be awarded. Except as otherwise set forth herein, all Prizes will be awarded.
GENERAL RULES OF PARTICIPATION: By participating in this Contest, Contestants and Prize Winners [a] release each and all of the Released Parties (defined in the NO LIABILITY section), from any and all liability, damages or causes of action (however named or described) with respect to or arising out of participation in the Contest, and/or the receipt or use/misuse of the Prizes awarded, including, without limitation, liability for personal injury, death or property damage; and [b] agree to be bound by these Official Rules and the decisions of the Sponsor/Independent Administrator, which are final in all respects and not subject to appeal. Sponsor reserves the right to permanently disqualify from this Contest any Contestant or Prize Winner it believes has violated these Official Rules. Winning a Prize constitutes permission for Sponsor and its agencies to use Prize Winners name, address (city & state), biographical information, voice and/or likeness for purposes of advertising, promotion and publicity, for this Contest only, without further compensation, unless prohibited by law. The Released Parties are not responsible for lost, late, misdirected, undeliverable or incomplete Submissions, whether due to system errors or failures, faulty transmissions or other telecommunication malfunctions, Submissions not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, technical malfunctions, or otherwise. Sponsor may prohibit a Contestant from participating in the Contest or winning a Prize if, in its sole discretion, it determines that said Contestant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other Contestants, Sponsor, or Contest Entities. If for any reason this Contest is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and judge from those Submissions received up to the cancellation, modification, termination, or suspension date. Notification of such action will be provided on the Websites. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST 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 ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. SPONSOR'S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THESE PROVISIONS.
NO LIABILITY: By participating, Contestants and Prize Winners agree to release, discharge, indemnify and hold harmless the Sponsor, Facebook®, Twitter®, Instagram™, TikTok, the Contest Entities, and each of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from and against any claims made by the Prize Winners, Contestants, or any other third parties, related in any way to the operation of this Contest as well as any other claims, damages or liability 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 receipt, acceptance, possession, misuse or use of a Prize; participation in any Contest-related activity; or participation in this Contest.
DISPUTES: Contestants agree that any and all disputes, claims, and causes of action arising out of, or connected with, the Contest or a prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, a Contestant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of New York, without giving effect to any choice of law or conflict of law rules (whether of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than New York.
WINNER’S LIST/RULES REQUEST: For the name of the Prize Winners or a copy of these Official Rules, please submit a self-addressed, stamped envelope by August 29, 2019 to “Wawa Hoagiefest Ya Ya Contest” (please specify “Winner’s List” or “Rules Request”), PO Box 10505, Rochester, NY, 14610. A copy of these Official Rules may also be obtained on www.wawa.com/hoagiefest-yaya-official-rules during the Contest Period.
SPONSOR: Wawa, Inc., Red Roof, 260 W. Baltimore Pike, Wawa, Pennsylvania, 19063.
This Contest shall not be published without permission of the Sponsor.
The Wawa name and logo are registered trademarks of the Wild Goose Holding Co., Inc.
Facebook® is a registered trademark of Facebook, Inc.
Twitter® is a registered trademark of Twitter, Inc.
Instagram is a trademark of Instagram.