The Virginia Wawa Foundation Hero Award Terms and Conditions
“The Wawa Foundation Virginia Hero Awards” (the “Contest”) TERMS AND CONDITIONS
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING.
DATES OF CONTEST: The Contest begins at 9:00 am ET October 4, 2018 and ends at 5:00 p.m. ET on October 24, 2018 (“Contest Period”).
ELIGIBILITY: The Contest is open only to organizations that are classified as a non-profit tax exempt 501(c)3 of the Internal Revenue Code that provide products or services within at least one (1) of the following three (3) regions (each a “Region”) in Virginia i) Northern ii) Central Richmond, and iii) Peninsula and Hampton Roads region (each eligible organization, a “Contestant”). Contestants must also meet the following criteria to be eligible: i) clear and substantive fit within the focus area of Heroes (see definition at www.thewawafoundation.org/our-focus) committed to assisting others and building stronger communities through preserving our independence, protecting our safety and educating and inspiring our youth, ii) programs where The Wawa Foundation’s resources have the potential for significant impact, which typically include small to mid-size organizations/programs that are poised for growth (local connections), iii) innovative and effective model programs with potential for replication that can contribute to solutions to issues addressed by the Heroes focus area, iv) opportunities to encourage philanthropy by leveraging The Wawa Foundation’s resources to stimulate giving from other sources and help build a global philanthropic community, v) existing or potential for strong organizational leadership/governance, and vi) fiscal responsibility, which may be required to be shown through audited financial statements or equivalent documentation at the time of Notification (defined below).
Contestants that: i) are outside of the Heroes focus area, ii) discriminate on any basis, iii) are individuals, iv) are private charity or private foundations, v) are not exempt under Section 501(c)3 of the Internal Revenue Code, vi) are religious organizations, unless the organization/program will benefit a large portion of a community without regard to religious affiliation, vii) support political causes, candidate, or campaigns, ix) the primary purpose is to influence legislation, x) are sports or performing arts and xi) have any commercial business purpose, are not eligible to participate.
The Wawa Foundation Inc. (“Wawa” or “Sponsor”), Wawa, Inc. and each of their respective parent companies, divisions, affiliates, subsidiaries, distributors, advertising and Contest agencies, consultants, agents, 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”) (all of the aforementioned collectively referred to as the “Contest Entities”), are not eligible to participate or win. The Contest is subject to all federal, state, and local laws and regulations. The Contest is void outside of Virginia and wherever else restricted or prohibited by law. Participation in this Contest, constitutes Contestant’s full and unconditional agreement to, and acceptance of, these Terms and Conditions and Sponsor’s and Independent Administrator’s decisions, which are final and binding in all respects. Winning a Prize (defined in the “PRIZES” section of these Terms and Conditions) is contingent upon fulfilling all requirements set forth herein.
HOW TO PARTICIPATE: Contestants must submit a story, describing the organization’s work and impact within the local community within the Region for which the Contestant wants to be considered for a Prize and provide the required information in order to be eligible to participate (the “Submission”). Contestants should include the following within the story: i) a story shared by a volunteer of the organization, and ii) how the organization’s efforts have inspired others to volunteer or become involved with the organization, or i) a story shared by family or individual directly impacted by the services provided by the organization. The Contestant must also provide the name of the organization and the services they provide along with the Region. Contestants also have the option to provide a video that depicts the story submitted. Then, Contestants must submit their Submission by visiting www.theWawaFoundation.org (the “Website”) to complete the online entry form to include: first and last name of contact person, title of contact person, name of organization, address of organization, phone number of contact person, email of contact person, the Region, the story and the link to the video (optional). Submissions must be submitted at the Website by 5:00 pm ET on October 24, 2018.
Any Contestant who does not provide the required information in its entirety for any reason will not receive a Submission into the Contest, and therefore will not be considered eligible to win a Prize (defined in the “PRIZES” section of these Terms and Conditions Terms and Conditions).
VIDEO REQUIREMENTS: All videos must be no longer than four (4) minutes in length. Videos must be submitted as a link to a hosted video file on a social site (ie. YouTube.com, Vimeo, etc.). Video file size cannot exceed the requirements of the social site and comply with the requirements of the respective site. Videos that are password protected or private or which contain inactive links (or are otherwise inaccessible) will not be considered.
SUBMISSION RESTRICTIONS: Any Submission that violates these Terms and Conditions will be disqualified and will not be eligible to win. The Submission must be an original work created by the Contestant (that is, authorized persons acting on behalf of the organization which is a Contestant as well as person(s) who shared their story and gave their consent/permission for Contestant to use the story to participate in the Contest) and cannot have previously won a contest or other promotion of the Sponsor or any other third party. Submission must not have been previously published, must not be awaiting publication, nor may it be submitted for publication consideration during the Contest Period. Contestant’s Submission cannot infringe on the intellectual property, privacy, publicity rights, or any other legal or moral rights of any third party. A Submission must be in English.
Any attempt by a Contestant to obtain more than the stated number of Submissions allowed for the Contest Period by using multiple/different identities, and/or any other methods will void that Contestant’s Submissions and that Contestant may be disqualified from the Contest.
Submissions not meeting the requirements as set forth in these Terms and Conditions 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, rights of privacy, or publicity rights), 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 of these Terms and Conditions) 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, including, but not limited to: theft; destruction; 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 social media.
By participating in the Contest, Contestant agrees that their Submission may be shared on social media sites or other websites by the Sponsor and will be posted for public voting.
By submitting a Submission, Contestant (i.e., the contact person as an authorized representative of the organization which is a 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 any promotion or marketing purpose 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 having his/her Submission made available for public viewing on the Internet.
Submissions must be truthful in all respects. Contestant further agrees and warrants that they 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 any other proprietary rights, rights of publicity, or privacy rights; (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, threatening or harassing to any individual, partnership, corporation, or other entity.
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 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 Terms and Conditions, 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: All Submissions will be reviewed by Sponsor’s judging panel to make certain the Submission meets the Submission requirements. Submissions will be placed into its respective Region and four (4) Finalists per Region (defined in the “PRIZES” section of these Terms and Conditions) will be determined based upon the judging process below. The judging of Submissions will be conducted under the supervision of the Sponsor whose decisions are based upon its sole discretion and interpretation of these Terms and Conditions and are final and binding in all respects.
PHASE 1: Throughout the Contest Period, all approved Submissions will be judged by the Sponsor in order to select four (4) finalists (each a “Finalist”). Sponsor reserves the right, in its sole discretion, to select fewer than four (4) Finalists if an insufficient number of eligible Submissions or no eligible Submissions are received. Eligible Submissions will be judged based on the following criteria:
Alignment with The Wawa Foundation’s Heroes Focus: (33%)
Organization’s Impact in the respective Region: (33%)
Meaningfulness of the Organization’s Story: (34%)
Each Submission will receive a score based on one hundred (100) total possible points. The four (4) Submissions having the highest cumulative score in each Region will be deemed a Finalist and move on to Phase 2. In the event of a tie in Phase 1, the Submissions involved in the tie that have the exact same score, the Sponsor in its sole discretion shall choose a Finalist based on the highest score for the criteria of Meaningfulness of the Organization’s Story.
PHASE 2: After completing the judging process for Phase 1, Finalists will be posted online to www.thewawafoundation.org (the “Website”) for public vote from 9:00 am ET on November 19, 2018 to 5:00 pm ET on December 4, 2018 (the “Public Voting Period”). Sponsor is not responsible for any technical and/or quality issues of any video uploaded to the Website. Finalists will receive one (1) vote each time a “Voter” clicks the “Vote for this organization” button. Limit one (1) vote per public person for the entire Public Voting Period. Voting is open to persons who are legal U.S. residents currently residing in the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old and the age of majority in their state of residence.
The Submission with the most public votes in each Region will be the grand prize winner for such Region (the “Grand Prize Winner”). In the event of a tie for the Grand Prize Winner in any Region, the Sponsor in its sole discretion shall choose the Grand Prize Winner for such Region from the Submissions involved in the tie that have the exact same score. Then, the remaining three (3) Submissions per Region will be deemed the first prize winners (each a “First Prize Winner”).
FINALIST SUBMISSIONS REPRESENT SOLELY THE VIEWS AND OPINIONS OF FINALISTS, AND NOT THOSE OF SPONSOR. SPONSOR AND INDEPENDENT ADMINISTRATOR EXPRESSLY DISCLAIM ANY AND ALL LIAIBLITY IN CONJUNCTION WITH POSTING OF FINALIST SUBMISSIONS, INCLUDING BUT NOT LIMITED TO MODERATING, MONITORING, FILTERING OR REVIEWING THE CONTENT OF FINALIST SUBMISSIONS. FINALIST SUBMISSIONS WILL NOT BE MODIFIED BY SPONSOR OR INDEPENDENT ADMINISTRATOR PRIOR TO POSTING OF SAME.
NOTIFICATIONS/CLAIMS: FINALIST: On or about November 5, 2018, potential Finalists (i.e., the contact person as an authorized representative of the organization which is a Contestant and potentially is identified as a Finalist) will be notified via email or other contact source provided with in their Submission (the “Notification”). Potential Finalist must sign and return, within two (2) days of the Notification, an Affidavit of Eligibility/Liability/Publicity Release form and provide audited financials or equivalent documentation acceptable to Sponsor in its sole discretion (the “Paperwork”) in order to be deemed a Finalist. If the potential Finalist Notification is returned as unclaimed or undeliverable to such potential Finalist, or potential Finalist is unable to provide the Paperwork within the time and date indicated in the Finalist Notification, such potential Finalist will be disqualified and an alternate Finalist may be selected, time permitting. If any potential Finalist is found to be ineligible, or if he or she has not complied with these Terms and Conditions, such potential Finalist will be disqualified and an alternate Finalist will be selected based upon the Contestant having the next highest score from Phase 1 of “JUDGING/WINNING”.
GRAND PRIZE NOTIFICATION/CLAIM: On December 17, 2018, the three (3) Grand Prize Winners (i.e., the contact person as an authorized representative of the organization which is a Contestant and potentially is identified as the Grand Prize Winner) will be announced live at an event at a local Wawa store location in each Region.
Once announced, except where prohibited, each potential Grand Prize Winner must sign and return, within four (4) days from the date of the Grand Prize notification, an Affidavit of Eligibility/Liability/Publicity Release (the “Affidavit”) in order to claim the Grand Prize. If a potential Grand Prize Winner is unable to provide the Affidavit within the time and date indicated, then that Grand Prize Winner forfeits their right to the Grand Prize and an alternate Grand Prize Winner will be selected based on the next Finalist’s Submission having the most public votes.
PRIZES: One (1) grand prize of $20,000 (the “Grand Prize”) will be awarded to the Grand Prize Winner of each Region in the form of a check.
Three (3) first prizes of $5,000 each (each a “First Prize”) will be awarded to each First Prize Winner of each Region in the form of a check.
Total approximate retail value (“ARV”) of all prizes is $105,000.
Prizes will be awarded to the organization itself and not to an individual. There is a limit of one (1) Prize per Contestant for the entire Contest Period. The Grand Prize and First Prizes will be collectively referred to herein as “Prize(s)”. The Grand Prize Winner and First Prize Winners will be collectively referred to herein as “Prize Winner(s)”. No transfer, substitution, or cash redemption of Prizes is permitted. 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, relating to or arising from receipt, possession, acceptance or use of any Prize. No more than the number of Prizes set forth in these Terms and Conditions 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 of these Terms and Conditions), 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 any Prize awarded, including, without limitation, liability for personal injury, death or property damage; and [b] agree to be bound by these Terms and Conditions and the decisions of the Sponsor and/or Independent Administrator, which are final in all respects and not subject to appeal. Sponsor reserves the right permanently to disqualify from this Contest any Contestant or Prize Winner who Sponsor believes has violated these Terms and Conditions. Winning a Prize constitutes permission for Sponsor and its agencies to use Prize Winner’s name, address (city & state), biographical information, voice and/or likeness for purposes of advertising, promotion and publicity, without 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, nor for Submissions that are not received as a result of 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 if Sponsor determines that Contestant is 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 human 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 reserves the right to judge from any eligible Submissions received up to the cancellation, modification, termination, or suspension date. Notification of any such action will be provided on the Website. Sponsor reserves the right to disqualify or reject any incomplete, inaccurate, or false Submission. 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 TERMS AND CONDITIONS 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, 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: Each Contestant agrees that any and all disputes, claims, and causes of action arising out of, or connected with, the Contest or any Prize awarded from the Contest shall be resolved individually, without resort to any form of class action, and exclusively by an appropriate court located in the state of New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, 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 the state 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 Terms and Conditions, please submit a self-addressed, stamped envelope by January 17, 2019 to “The Wawa Foundation Virginia Hero Award” (please specify “Winner’s List” or “Rules Request”), PO Box 10505, Rochester, NY, 14610. A copy of these Terms and Conditions may also be obtained on www.thewawafoundation.org during the Contest Period.
SPONSOR: The Wawa Foundation, 260 W. Baltimore Pike, Wawa, Pennsylvania, 19063.
This Contest shall not be published without the written permission of the Sponsor.
The Wawa Foundation name and logo are registered trademarks of the Wild Goose Holding Co., Inc.