NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. VOID IN ALASKA, HAWAII, TENNESSEE, PUERTO RICO, GUAM AND WHERE PROHIBITED.
The Wingstop Chicken Wing Challenge (the “Promotion”) is sponsored and operated by Medium Rare Live, LLC (“Sponsor”). By entering the Promotion, you agree to comply with and be bound by these Wingstop Chicken Wing Challenge Rules (the “Promotion Rules”). Please read the Promotion Rules carefully. If you do not agree to any term or condition of the Promotion Rules, you are not permitted to enter the Promotion. This Promotion may be canceled or postponed by Sponsor, at any time in its sole and absolute discretion, including without limitation due to Coronavirus/COVID-19).
ELIGIBILITY:
The Promotion is open only to individuals that are legal United States residents residing in the contiguous United States and the District of Columbia, who are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law. The Promotion is expressly void in the States of Alaska, Hawaii and Tennessee, as well as the territories of Puerto Rico, Guam, and where otherwise prohibited by law. Employees, officers, and directors of Sponsor; Travis Kelce; Kelce Jam, LLC; the Law Office of Jeffrey B. Gandel; Azura Amphitheater; all sponsors of the Event (including, without limitation, Wingstop Restaurants Inc. (“Wingstop”); and each of their respective parents, subsidiaries and affiliated companies, and each of their legal representatives, advertising, promotional, fulfillment and marketing agencies, and all of their immediate families (and those living in their respective households), are not eligible to participate or claim the Prize (as defined below) in the Promotion. Entrants wishing to obtain a copy of these Promotion Rules may request a printed copy by writing to: Medium Rare Live, LLC, Wingstop Chicken Wing Challenge, 447 Broadway, 2nd Floor #278, New York, NY 10013. Participation constitutes each entrant’s full and unconditional agreement to Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning the Prize is contingent upon fulfilling all requirements set forth in these Promotion Rules.
PROMOTION PERIOD:
The Promotion begins at 12:00:00 A.M. Eastern Standard Time (“EST”) on April 20, 2023, and ends at 11:59:59 P.M. EST on April 25, 2023 (“Promotion Period”). Entries must be received prior to the expiration of the Promotion Period to be eligible to win the Prize.
HOW TO ENTER:
(a) Entries. During the Promotion Period, eligible entrants wishing to enter the Promotion may go to the Promotion web page located at: https://kelcejam.com/wingstop-chicken-wing-challenge/ (the “Site”), and complete the Promotion entry form. In order to complete the Promotion entry form on the Site, each entrant must include the entrant’s: (i) full name; (ii) city/state of residence; (iii) e-mail address; (iv) date of birth; (v) phone number; and (vi) any other information requested on the Promotion entry form (collectively, “Site Registration Data”). Additionally, entrants are required to provide a video of themselves describing why they want to take part in the Promotion . The potential Prize winner may be required to provide some or all of the following: (A) Social Security Number; (B) picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification; (C) full mailing address; (D) telephone number; and (E) any other information requested by Sponsor in connection with the Prize verification/award process (“Prize Winner Data,” and together with the Site Registration Data, the “Registration Data”). Entrants must update their Registration Data, as necessary, to remain eligible to receive the Prize. Upon successful completion of the Promotion entry process during the Promotion Period, each eligible entrant shall receive one (1) entry in the Promotion (each, an “Entry”).
(b) Entry Limits/General Provisions. Eligible entrants may only submit one (1) Entry during the Promotion Period. Any Entries submitted in excess of this limitation will be discarded. Multiple individuals are not permitted to share the same email address. Any attempt by any individual to obtain more than the permitted number of Entries by using multiple/different email addresses, mobile devices, identities, registrations, user-names, or any other method, will void all of that individual’s Entries and that individual will be disqualified from participating in the Promotion. Without limiting the foregoing, any attempt by any individual to obtain Entries via any automated system (including bots, computer scripts, software-based methods, programmed methods, script, macro or other automated means) is prohibited and will result in disqualification. Sponsor reserves the right to reject any Entry that it believes, in its sole and absolute discretion, is fraudulent, incomplete or otherwise invalid. None of the Covered Parties (as defined below) are responsible for Entries, Promotion-related e-mail, Promotion-related push notifications, claims or notices that are lost, late, illegible, misdirected, damaged, incomplete or incorrect. By entering the Promotion, and where you have otherwise provided the requisite consent, you agree to receive telemarketing (including text message marketing where you have provided your “prior express consent” as required under the Telephone Consumer Protection Act (“TCPA”)), e-mail and direct mail marketing messages from Sponsor and its respective marketing partners (where applicable), subject to the Sponsor’s Privacy Policy. You can access Sponsor’s privacy policy at https://kelcejam.com/privacy-policy (“Sponsor Privacy Policy”).
IDENTIFICATION OF ENTRANTS:
Each Entry will be identified by the applicable entrant’s e-mail address, as collected and stored in the Promotion Database. For purposes of these Promotion Rules, the “Promotion Database” is defined as the entire list of valid Entries generated during the Promotion Period. Sponsor will stop accepting Entries at 11:59:59 P.M. EST on April 25, 2023.
PRIZE WINNER SELECTION AND NOTIFICATION:
Within one (1) business days of the end of the Promotion Period, the Sponsor will randomly select two (2) Entry from the Promotion Database as the potential Prize winner (“Winner Selection”). The potential Prize winner will be notified via email within one (1) day after Winner Selection. The potential Prize winner shall be subject to eligibility verification. The potential Prize winner must comply with these Promotion Rules. Failure to do so may result in forfeiture of the applicable Prize, in its entirety. The potential Prize winner will be required to provide Prize Winner Data and execute a notarized Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”), as well as a liability, image and publicity release for the guest of the potential Prize winner (where such release may contain provisions relating to exposure to COVID-19 at the Event), and return such Affidavit within one (1) day following attempted notification. In addition, the potential Prize winner may be required to provide proof that she/he/they is the entrant that submitted the applicable winning Entry.
Non-compliance by a potential Prize winner within this time period may result in forfeiture of the applicable Prize, with an alternative potential Prize winner selected. The return of the Prize and/or Prize notification as undeliverable may result in forfeiture of the applicable Prize. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. In no case shall any Covered Party be liable in any manner where a potential Prize winner has not received notification sent from Sponsor or where Sponsor fails to receive a response from a potential Prize winner within the required response period. The winning Entry, as well as the associated information of the potential Prize winner, must identically match the records maintained by Sponsor in order for the Prize to be awarded. In the event of a dispute, the information maintained by Sponsor will govern. Entries will be deemed made by the person under whose email address the Entry was submitted, regardless of who actually submitted the Entry.
PRIZE DESCRIPTION:
(a) Prize. The two (2) Prize winner will each receive two (2) tickets to Kelce Jam (the “Event”), and each winner will take part in the chicken wing challenge, which consists of how many wings can be consumed by entrants in one (1) minute (the “Wing Contest”) (collectively, the “Prize”).
(b) Approximate Retail Value. The approximate retail value (“ARV”) of the Prize is Four Hundred Fifty United States ($450 USD). Actual value may vary based on point of departure and the Prize winner will not receive the difference between the actual Prize value and the ARV.
(c) Prize Terms and Conditions. The specifics of all aforementioned elements of the Prize shall be determined in the sole and exclusive discretion of Sponsor. Some restrictions may apply.
Sponsor will NOT provide any travel, airline, flight or hotel accommodations for the Prize winner or their guest(s). Travel arrangements to and from the Event are the sole and exclusive responsibility of the Prize winner and at their sole and exclusive cost.
Additional activities and features will not be made available to the Prize winner and guest for free. Incidentals, tips, telephone calls and any other personal expenses incurred during the trip are the sole and exclusive responsibility of the Prize winner and guest, as applicable. Other than as expressly set forth in these Promotion Rules, or otherwise as included in the tickets to the Event, the Prize does not include transportation, spending money, or food or drink. No part of the Prize is transferable or may be converted to a cash payment, resold, included in a separate promotion, or otherwise distributed to any member of the general public.
All federal, state and local taxes and all other costs associated with Prize acceptance are the sole and exclusive responsibility of the winner. The Prize is awarded “as is” and “where as” with no warranty or guarantee, either express or implied, by Sponsor. Winner may not substitute, assign or transfer the Prize or redeem the Prize for cash, but Sponsor reserves the right, at its sole and absolute discretion, to substitute the Prize (or any portion thereof) with one of comparable or greater value.
(d) Force Majeure. The Covered Parties are not responsible or liable to any entrant or potential Prize winner (or any person claiming through such entrant or potential Prize winner) for failure to supply the applicable Prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, COVID-19 or any virus, disease and/or pandemic, as well as any private sector or governmental response thereto, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the sole control of Sponsor (collectively, “Force Majeure Events”).
ODDS OF WINNING A PRIZE:
The odds of winning the Prize depend on the number of entrants participating in the Promotion during the Promotion Period. The odds of winning the Prize can be calculated by dividing the number of Prizes (two (2)) by the total number of Entries received.
PRIVACY STATEMENT:
For a thorough recital of the Sponsor’s Privacy Policy, click here https://kelcejam.com/privacy-policy.
To the extent that either the Sponsor Privacy Policy or Wingstop Privacy Policy is in conflict or inconsistent with these Promotion Rules as they pertain to the Promotion, these Promotion Rules shall take precedence.
TAX INFORMATION:
Federal, state and local taxes, and all similar fees and assessments, are the sole and exclusive responsibility of the Prize winner. Sponsor reserves the right to withhold taxes from the winning Prize, as appropriate. Sponsor will issue a form 1099-MISC for the Prize winner for the ARV of the Prize.
PUBLICITY:
Promotion entry constitutes permission for Sponsor to use entrants’ names and likenesses, biography and voice for advertising and promotional purposes without further compensation in all media without limitation, unless otherwise prohibited by law.
RELEASE:
By entering the Promotion, each entrant agrees to release and hold harmless Sponsor; the Law Office of Jeffrey B. Gandel; Wingstop; Travis Kelce; Kelce Jam, LLC; Azura Amphitheater; and all other sponsors of the Event; and each of their respective representatives, affiliates, subsidiaries, parents, agents, and all of their respective members, officers, directors, employees and agents (collectively, “Covered Parties”) from and against any and all liability for any injuries, loss or damage of any kind arising from, or in connection with, the Promotion (including the Prize, Wing Contest, and all travel associated with attending the Event, as applicable) including, but not limited to, liability arising from copyright infringement, improper use of likeness, personal injury, death, damages or monetary loss. Restrictions, conditions and limitations apply. By entering, each entrant further agrees that, in the event that there is any conflict or other inconsistency between the Promotion Rules and any advertisements, promotional or marketing materials, e-mails or announcements relevant to the Promotion, these Promotion Rules will govern.
CHOICE OF LAW/DISPUTE RESOLUTION/CLASS ACTION:
These Promotion Rules shall be treated as though they were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under and/or relate to the Promotion and/or these Promotion Rules. Without limiting the foregoing, should a dispute arise between the parties/any Covered Parties including, without limitation, any matter concerning the Promotion, the Prize, the terms and conditions of these Promotion Rules or the breach of same by any party hereto: (a) the parties/Covered Parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in New York, NY, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. The Covered Party(ies) named in your Initial Dispute Notice (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Party(ies) may have a right to an award of attorneys’ fees and expenses if Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Covered Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that any Covered Party incurs in seeking such relief. This provision, preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first enter the Promotion.
DISQUALIFICATION:
The Covered Parties are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or technical failure, lost Entries, jumbled, scrambled or misdirected transmissions, or other error of any kind, whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of the Promotion, as solely determined by Sponsor, will be disqualified. If disqualified for any of the above reasons, Sponsor reserves the right to terminate entrant’s eligibility to participate in the Promotion. In the event that any portion of the Promotion is compromised by technical error, virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupts or impairs the administration, security, fairness or proper determination of the Promotion, Sponsor reserves the right, in its sole discretion, to suspend or terminate the Promotion or any part of the Promotion, or any combination of the above. The Covered Parties are not responsible for any problem with Entries generated by computer hardware or software malfunction, error or failure, whatever the cause.
INDEMNIFICATION:
You agree to release, indemnify and hold the Covered Parties harmless from and against any and all claims, expenses (including reasonable attorneys’ fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your improper and/or unauthorized participation in the Promotion; (b) your breach of these Promotion Rules; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of the Covered Parties. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
LEGAL WARNING:
Any attempt by any individual, whether or not an entrant, to damage, destroy, tamper with or vandalize the Site and/or associated technology, or otherwise interfere with the operation of the Promotion, is a violation of criminal and civil law and Sponsor will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
MISCELLANEOUS: These Promotion Rules contain the full and complete understanding with respect to the Promotion 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 Promotion Rules, and shall not be deemed to limit or affect any of the provisions of these Promotion Rules. No amendment to, or waiver of, any provision of these Promotion Rules shall be effective unless in writing and signed by Sponsor. The waiver by Sponsor of any provision of these Promotion Rules shall not constitute a waiver of any other provision in these Promotion Rules. The rights and obligations in these Promotion Rules 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 Promotion Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor and entrant.
WINNERS LIST:
To request written confirmation of the Prize winner, send a self-addressed stamped envelope to: Medium Rare Live, LLC, Wingstop Chicken Wing Challenge, 447 Broadway, 2nd Floor #278, New York, NY 10013.
