“Wendy’s Frosty Posse” Sweepstakes
Official Sweepstakes Rules
NO PURCHASE NECESSARY TO ENTER OR WIN.

1. DESCRIPTION: The "Wendy’s Frosty Posse” Sweepstakes ("Sweepstakes") begins on May 20, 2009 at 3:00 PM Pacific Time (“PT”) and ends on July 1, 2009 at 11:59 AM PT ("Sweepstakes Period").  The administrator of this Sweepstakes is Creative Zing Promotion Group ("Administrator"), 100 East Pine Street, Suite 201, Orlando, FL  32801.  The sponsors of the Sweepstakes are MySpace, Inc. (“MySpace”), 407 N. Maple Drive, Beverly Hills, CA 90210 and Wendy’s (“Wendy’s” and collectively, with MySpace “Sponsors”), 1 Dave Thomas Blvd, Dublin OH 43016.

2. HOW TO ENTER:  Entrants must log onto their MySpace profile; then visit the Sweepstakes web site at http://www.myspace.com/wendys ("Website") during the Sweepstakes Period.  Entrants will be instructed to follow the on-screen instructions to create a remix of the “Coffee Toffee Twisted Frosty” song (“Remix”) using the music, sounds and mixing tool (collectively, the “Materials”) available on the Website and to submit their Remix to automatically receive one (1) entry into the Sweepstakes. You must complete and submit your Remix by July 1, 2009 at 11:59 AM PT to be eligible for the Sweepstakes.  Limit of one (1) entry per person for the duration of the Sweepstakes.  Multiple entries received from any unique profile or person during the Sweepstakes Period will be void.  Entries generated by a macro, script or other automated means will be disqualified. Each entrant must be the rightful owner (or have authorized use) of the MySpace account utilized in the Sweepstakes.  In the event of a dispute as to the identity of any entrant or winner, at the sole discretion of the Sponsors, the entrant or winner will be deemed to be the person in whose name the MySpace account was opened.  Potential winners will be contacted via messaging to the email associated with their MySpace account. It is the sole responsibility of the entrants to ensure that information associated with the MySpace account used for the Sweepstakes is current and accurate.  Incomplete, unreadable, or unintelligible entries will be disqualified. Entrants must provide all information requested to be eligible to win.

3. ELIGIBILITY: Sweepstakes is open to legal residents of the fifty (50) United States and Washington, D.C. who are at least 13 years of age at time of entry.  Eligible Entrants who are under the legal age of majority in their state of primary residence (“Minor”) must get their parent or legal guardian’s permission to participate in the Sweepstakes.  A Minor Entrant will be required to provide parental consent in a form satisfactory to the Sponsors before he or she can be declared a winner and any prize can be awarded.   Entrants must have online access as of May 19, 2009.  All entrants must be registered members of the www.myspace.com website (“MySpace Member”) and in compliance with MySpace’s Terms & Conditions policy located at http://www.myspace.com/index.cfm?fuseaction=misc.terms, which may be modified from time to time.  Any individuals (including but not limited to employees, independent contractors, consultants and interns) who have, within the last six (6) months, been employed by or performed services for Sponsors, Administrator or any organizations affiliated with the sponsorship, administration, prize support, fulfillment, advertisement or promotion of the Sweepstakes (collectively, "Sweepstakes Entities") are not eligible to enter or win. Household Members and Immediate Family Members of each such individuals are also not eligible to enter or win.  For purposes of the Sweepstakes, "Household Members" shall mean those people who share the same residence at least three months a year and "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses.  Void where prohibited or restricted by law.

4. USE OF MATERIALS/CONTENT:  The following terms apply to your use of any content from the Website (e.g., the Materials to be provided for creating a Remix). Content may include graphics, images, music, sounds and software (“Content”). You must follow the directions that appear on the site about how to utilize the Content. Sweepstakes Entities are not responsible for any loss of data or damage to your software or hardware or other loss or damage caused by failure to follow our directions. By entering the Sweepstakes, each Entrant acknowledges and agrees that: (a) Sponsors are granting Entrants a limited, non-exclusive license to use the Content in connection with, and solely as a part of, the Sweepstakes, (b) Entrants shall have no right, title or interest in the Content, and (c) any use of the Content other than as permitted by these Official Rules may constitute copyright infringement.  The Content may not be modified, published, performed or transferred to anyone else (unless otherwise stated on the site), posted to any third-party websites, nor used for any commercial purpose. Except to the extent permitted by applicable law, you must not disassemble, de-compile, reverse engineer or otherwise break or attempt to break the encryption protecting this Content. No warranty is given about the quality, functionality, availability or performance of the Content or this Website. Sweepstakes Entities reserve the right to modify or withdraw the Content at any time. To the fullest extent permitted by law, Sweepstakes Entities disclaim all liability for any loss of data, damage caused to your software or hardware, and any other loss or damage suffered by you or any third party, whether direct, indirect, incidental or consequential and however arising, as a result of downloading the plug-in, or utilizing this Content. Access to and use of Content may be restricted by other specific terms and conditions that appear on the site.

5. MATERIALS/RIGHTS IN REMIXES:  In consideration of entry into the Sweepstakes, each Entrant into the Sweepstakes irrevocably grants, transfers, sells, assigns and conveys to the Sweepstakes Entities, their successors and assigns, all present and future right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights) in and to the Remix for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised, or any portion thereof. Each Entrant understands that his or her name and Remix may be posted on the Website in connection with the Sweepstakes. Entrants agree that the Sweepstakes Entities have no obligation to post a Remix on the Website. Sponsors shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Remix for any purpose which Sponsors deem necessary or desirable, and each Entrant irrevocably waives any and all so-called moral rights they may have therein.  Each Entrant hereby acknowledges that such Entrant does not reserve any rights in or to the Remix.  Each Entrant releases the Sweepstakes Entities, and their assignees and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. Each Entrant agrees and acknowledges that participation in the Sweepstakes, including, without limitation, the Entrant’s decision to provide the Remix to Sweepstakes Entities for purposes of the Sweepstakes, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Sweepstakes Entities and Entrant, does not place the Sweepstakes Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Remix, and that the only contracts, express or implied, between the Sweepstakes Entities and Entrant is as set forth in these Official Rules and the release forms.  
 

6. PRIZES: 

Total Promotional Value: $3,150

All prize details are at the sole discretion of the Sponsors. Prize winner cannot assign or transfer the prize to another person.  Cash alternative is allowed at the sole discretion of Sponsors. If a prize cannot be awarded due to circumstances beyond the control of Sponsors, a substitute prize of equal or greater retail value may be awarded.  If winner cannot accept a prize, or any portion thereof, as stated, the prize may be forfeited at the sole discretion of Sponsors. All other expenses and costs, not expressly listed above, including, but not limited to, taxes, tips, entertainment and transfers, are winner’s sole responsibility. Gift certificates are subject to separate terms and conditions imposed by issuer.  Winners will be responsible for any and all federal, state and/or local taxes resulting from acceptance of the prize.  Other restrictions may apply.  Limit one (1) prize per household. If prize is awarded but goes unclaimed or is forfeited by recipient, the prize may not be re-awarded, in Sweepstakes Entities’ sole discretion.   

7.  ODDS OF WINNING:  Odds of winning depend on the number of eligible entries received.

8. WINNER SELECTION AND NOTIFICATION:  Winners will be selected via a random drawing conducted by the Administrator from all eligible entries received on or about July 6, 2009 (“Drawing Date”).  Prize winner will be notified by email and their MySpace profile, at the sole discretion of Sponsors, within approximately five (5) days of the Drawing Date. Selected winners will be required to respond (as directed by the Administrator and/or Sponsors) to the notification within seventy-two (72) hours (or a shorter time if required by exigencies) of first attempted notification. The failure to respond timely to the notification may result in forfeiture of the prize and the Administrator will randomly select an alternate winner from among the remaining eligible entries for that prize. The Grand Prize Winner must verify address and return within seven (7) days (or a shorter time if required by exigencies) an affidavit of eligibility, a liability release, and, unless prohibited by law, a publicity release (collectively, the “Prize Claim Documents”) covering eligibility, liability, advertising, publicity and media appearance issues. Failure to return the Prize Claim Documents within the specified time period may result in forfeiture of the prize and selection of an alternate winner from the remaining eligible entries for that prize. Sponsors, in their 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.  A prize will not be awarded until all such properly executed Prize Claim Documents are returned. 

9. CONDITIONS OF PARTICIPATION/RELEASES: Sweepstakes is void where prohibited or restricted by law. All federal, state and local laws and regulations apply. By participating, each entrant agrees to be bound by these Official Sweepstakes Rules and the decisions of the Sponsors and the Administrator, which shall be final in all respects. By participating in this Sweepstakes and/or by accepting any prize that they may win, each entrant agrees to release the Sweepstakes Entities; each of their respective parent, subsidiary and affiliated companies, units and divisions; each of their respective officers, directors, agents, representatives and employees; and each of these companies and individuals' respective successors, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Sweepstakes and/or acceptance or use of any prize. Each entrant authorizes the Sweepstakes Entities to use his/her name, voice, likeness, biographical data, city and state of residence and entry materials in programming or promotional material, worldwide in perpetuity, or on a winner's list, if applicable, without further compensation unless prohibited by law. Sweepstakes Entities are not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials, at Sweepstakes Entities’ sole discretion, without further obligation or compensation, unless prohibited by law. The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Sweepstakes; or (v) any printing, typographical, human administrative or technological errors in any materials associated with the Sweepstakes. Sweepstakes Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Sweepstakes.  Sponsors reserve the right, in their sole discretion, to cancel, modify or suspend the Sweepstakes (or any portion of the Sweepstakes) should a virus, bug, computer problem, unauthorized intervention or other cause or problem corrupt or inhibit the administration, security or proper play of the Sweepstakes and, in such situation, to select the winners from among all of the eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by Sponsors. Sponsors may prohibit you from participating in the Sweepstakes or winning a prize if, in their sole discretion, they determine you are attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other players or Sponsors’ representatives. This Sweepstakes will be governed by the internal laws of the State of California. Any and all legal actions or claims arising in connection with this Sweepstakes must be brought in a court of competent jurisdiction within the United States. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

10. PRIVACY POLICY:  Any personal information supplied by you to MySpace will be subject to MySpace’s privacy policy posted at http://www.myspace.com/index.cfm?fuseaction=misc.privacy, which may be modified from time to time. By entering the Sweepstakes, you grant MySpace permission to share your email address and any other personally identifiable information with the other Sweepstakes Entities for the purpose of administration and prize fulfillment. MySpace will not sell, rent, transfer or otherwise disclose your personal data to any third party other than the other Sponsors and as explicitly described herein.

11.  Prize Winner List AND OFFICIAL RULES:  For the names of the winners or a copy of these Official Sweepstakes Rules, mail a self-addressed, stamped envelope (VT residents need not affix return postage on requests for rules) to:  “Wendy’s Frosty Posse Sweepstakes” Winner's List or Rules, 100 East Pine Street, Suite 201, Orlando, FL  32801.  All requests must be received by September 4, 2009.