Flavors of the Open Road Sweepstakes

OFFICIAL RULES

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.

PLEASE READ THESE SWEEPSTAKES OFFICIAL RULES CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHT TO BRING A LAWSUIT IN COURT TO RESOLVE ANY DISPUTES ARISING HEREUNDER.

These Official Rules state that any dispute regarding the Sweepstakes must be resolved on an individual basis and may not proceed on a class basis or otherwise seek class-wide relief.

INTERNET ACCESS AND AN INSTAGRAM ACCOUNT IS REQUIRED FOR ENTRY. SUBJECT TO ALL FEDERAL, STATE, MUNICIPAL, AND LOCAL LAWS, REGULATIONS, AND ORDINANCES.

This promotion is not sponsored, endorsed, or administered by, or associated with Meta or Instagram. By entering this giveaway, entrants (“Entrant(s)”, “Sweepstakes Entrant(s)”, “you”, “your” and/or “yours”) agree to a complete release of Meta, Instagram and Sponsor from any or all liability in connection with this giveaway. Any questions, comments or complaints regarding this promotion shall be directed to Sponsor (as defined below) and not to Meta or Instagram.

The Wyndham Rewards Flavors of the Open Road Sweepstakes (the “Sweepstakes” or “Promotion”) is open to United States residents and shall only be construed and evaluated according to applicable federal law and New Jersey state law. Do not enter this Sweepstakes if you are not located in, and a U.S. resident, or otherwise ineligible to enter in accordance with these Official Rules at the time of Sweepstakes Entry (as defined below).

SPONSOR: The Sweepstakes is sponsored by Wyndham Rewards, Inc., 22 Sylvan Way, Parsippany, NJ 07054 (the “Sponsor”, “we”, “us”, “our”, and/or “ours”)

ELIGIBILITY: The Sweepstakes is open and offered to residents of the fifty (50) United States and the District of Columbia who have reached the age of majority in their state of residence at the time of Sweepstakes Entry. The following are not eligible to participate in this Sweepstakes: (i) employees, officers, agents, attorneys and representatives of the Sponsor and its parents, subsidiaries, affiliates, authorized agents, sales representatives, distributors, advertising and promotional agencies (such individuals and entities, collectively, the “Released Parties”), (ii) members of the 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 employee, officer, agent, attorney or representative described in the foregoing clause (i)  Non-eligibility and/or non-compliance with any of these Official Rules will result in disqualification. Void where prohibited or restricted by law. Each Entrant may be required to furnish proof of identification and other proof of eligibility under these Official Rules.

AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all matters relating to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.

HOW TO ENTER: The Sweepstakes begins at 12:00:01pm Eastern Standard Time (“EST”) on August 3, 2026 and ends at 11:59:59pm EST on August 14, 2026 (“Sweepstakes Period”). Entry does not require a payment or a purchase of any kind.  Entrants must have a public Instagram account to enter the Sweepstakes. If a prospective Entrant is not already a member of Instagram, he/she may visit www.instagram.com and follow the links and instructions to become a member.  Once the eligible Entrant has become an active Instagram member, they have the opportunity to enter the Sweepstakes by visiting the Sponsor’s Instagram (www.instagram.com/wyndhamrewards)

During the Sweepstakes Period, the Sponsor will launch a theme-based post (“Sponsor’s Sweepstakes Post”) asking Entrants to:

·        In the comments of the Sponsor’s Sweepstakes Post, comment on your bucket list stop along Route 66 using #Route66FlavorsSweepstakes; and

·        Tag that friend who you want to bring with you (friend tagged must have an active public Instagram profile).

Each Sweepstakes Entry must also comply with the following:

i.                  It must NOT contain any individual’s photograph, likeness, name, voice, or other element of persona and identity, including your or others’ children, unless the Entrant has obtained all releases and consents from all such individuals and permission of the parent or legal guardian of all children necessary to enter the Sweepstakes Entry in the Sweepstakes, and to grant the rights in the Sweepstakes Entry as provided in these Official Rules;

ii.                It must NOT infringe, misappropriate, or violate any intellectual property rights, privacy rights, publicity rights, or other proprietary rights of any third party;

iii.               All information provided in the Sweepstakes Entry must be true, accurate, and correct in all respects;

iv.               It must NOT be created or submitted through any script, macro, or other automatic method;

v.                It must comply with these Official Rules and all applicable statutes, rules, regulations, orders, and other laws;

vi.               It must be suitable for publication to a general audience and must NOT contain anything that:

(1)              is illegal, inappropriate, anti-social, indecent, abusive, tortious, defamatory, pornographic, sexually explicit, profane, obscene, slanderous or libelous (including words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group), invasive of another's privacy, hateful, or otherwise objectionable;

(2)              promotes discrimination or bigotry based on race, ethnicity, nationality, religion, political orientation, sex, sexual orientation, disability, or age;

(3)              promotes violence or unsafe or illegal activity;

(4)              is threatening, harassing, or degrading; serves to impersonate any person or entity or misrepresent affiliation with any person or entity; or disparages or injures the reputation or goodwill of the Sponsor, any other Sweepstakes entities, Instagram or Meta, or any of their respective parents, subsidiaries, officers, directors, employees, products, or services.

(5)        promotes third-party advertisements, personal solicitations or commercial solicitations.

(6)        features beer, wine, distilled spirits (i.e., hard liquors, malt beverages), tobacco products (including cigarettes, cigars, pipe tobacco, chewing tobacco and snuff), fireworks, firearms, and ammunitions, prescription drugs, illegal drugs, cannabis, and related drug paraphernalia, nutritional supplements, lotteries and or gambling.

Any post and comment that conforms to the above requirements will hereinafter occasionally be referred to as a “Sweepstakes Entry”. Limit of one (1) Sweepstakes Entry per eligible Entrant, regardless of the number of posts and/or comments an individual makes in connection with this Sweepstakes. Anyone found to be using multiple email addresses/ Instagram accounts will be disqualified. Anyone posting comments or photos deemed inappropriate by the Sponsor in its sole discretion will have their comments/photos deleted and be disqualified.

By participating in the Sweepstakes and providing any applicable contact information, Entrants hereby agree to Sponsor’s collection and usage of their personal information in accordance with Sponsor’s privacy notice, available at: https://www.wyndhamhotels.com/about-us/privacy-notice-more-info (“Privacy Notice”) and acknowledge that they have read and accepted Sponsor’s Privacy Notice.

By entering the Sweepstakes, each Entrant grants Sponsor a non-exclusive, royalty-free, irrevocable right to reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, feature and otherwise use the Entrant’s Sweepstakes Entry without restriction and without compensation, notification, or additional consent from Entrant or any third party. Entrant warrants that he/she/their has the sole and exclusive right to grant such rights to Sponsor, and that the Sponsor's reproduction, publishing, displaying, and/or other use of the Sweepstakes Entry (in whole or in part) will not infringe on any rights of third parties, including, but not limited to, copyright, trademark, privacy, or publicity rights, or create claims for breach of contract, anywhere in the world. Entrant agrees that Sponsor shall have no obligation to copy, publish, display, or otherwise exploit his/her/their Sweepstakes Entry.  The Sweepstakes Entry must not include materials (language, phrases, quotations, artwork, etc.) belonging to or copyrighted by third parties. The Sweepstakes Entry must not have been previously published or otherwise exhibited. (Do NOT copy/re-post other persons' photos or comments). The Sweepstakes Entry must not contain any material that infringes upon any personal, proprietary, or any other right of any third party. Without limiting the foregoing, the Sweepstakes Entry MUST NOT include reference to, or images, names or likenesses of, third parties (whether they are public or private figures), including but not limited to minors, celebrities, athletes, musicians and friends, who have not expressly authorized Entrant to display their image or likeness in any submitted application or otherwise use such references, names, images or likenesses in accordance with these Official Rules.

RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Released Parties,  Meta and Instagram from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting a Sweepstakes Entry; (b) unauthorized human intervention in the Sweepstakes; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of Sweepstakes Entries; or (e) injury, death, or damage to persons or property which 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, Sweepstakes Entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or Sweepstakes 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 participant'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, 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’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

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 (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) 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 Sweepstakes Entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the prize using all non-suspect eligible Sweepstakes 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 (a) tampering or attempting to tamper with the Sweepstakes Entry process or the operation of the Sweepstakes or Sponsor’s Website; or (b) 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 IS 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. 

DRAWING AND NOTIFICATION OF POTENTIAL WINNER: On or about the day that is two (2) business days after the conclusion of the Sweepstakes Period, three (3) potential winners will be selected in a random drawing from among all eligible Sweepstakes Entries received during the Sweepstakes Period. Odds of winning a prize will depend on the total number of eligible Sweepstakes Entries received during the Sweepstakes Period. The drawing will be conducted by the Sponsor, whose decisions are final and binding. The potential prize winner will be contacted by the Sponsor via Instagram (as more particularly set forth below).

PRIZE: Three (3) prize packages, each consisting of:

·        A points pack claimable for 30,000 Wyndham Rewards points; points must be claimed in accordance with instructions provided therewith no later than December 31, 2026. Any winner who does not claim points by such date will forfeit the points portion of their prize package (approximate retail value (“ARV”): US $390.00);

·        A Wyndham Rewards Flavors of the Open Road limited-edition candy collection containing the following flavors inspired by Route 66:

o    Deep-Dish Pizza (Chicago, IL)

o    Pecan Pie (Tulsa, OK)

o    Smoked Brisket (Amarillo, TX)

o    Roasted Green Chile (Albuquerque, NM)

o    Prickly Pear Soft Serve (Flagstaff, AZ)

o    Root Beer Float (Kingman, AZ)

ARV: US $19.26

Total ARV each prize package: US $409.26. Total ARV of all prize packages: US $1,227.78.

The prize consists only of the items described above. Sponsor in no way partners, sponsors, or endorses any brands of which the prize components are manufactured/produced. All costs associated with the use of the prize(s) that is not expressly described as being included with the prize are the winners’ responsibility. The ARV of the prize package components set forth above represents Sponsor’s good faith determination of the approximate retail value thereof and such determination is final and binding and cannot be appealed. If the actual value of the prize package (in whole or in part) turns out to be less than the stated ARV, the difference will not be awarded in cash or in any other form. THE WINNER WILL NOT HAVE THE RIGHT TO SUBSTITUTE ANOTHER PRIZE PACKAGE. The Sponsor reserves the right at its sole discretion to substitute a prize (or prize component) with another prize of equal or greater value.

The potential prize winner will be contacted by Sponsor via Instagram message on Sponsor’s Instagram page on or about August 18, 2026.  IT IS THE ENTRANT'S SOLE RESPONSIBILITY TO CONFIGURE THEIR INSTAGRAM PRIVACY SETTINGS SO AS TO RENDER THEIR POSTS VIEWABLE BY SPONSOR, AND ENTRANT’S SWEEPSTAKES ENTRY INTO THIS SWEEPSTAKES WILL BE DEEMED ENTRANT’S CONSENT TO BE CONTACTED BY SPONSOR IN THE MANNER SET FORTH ABOVE.

PRIZE CONDITIONS: Potential winner may be required to execute and return a Declaration of Eligibility/Release of Liability/Publicity form within seven (7) days of date of attempted notification. By accepting a prize, each winner agrees to release and hold harmless the Released Parties and Instagram and Meta from and against any claim or cause of action arising out of the awarding, delivery, receipt, use and/or misuse of the prize(s) awarded. Each winner will be responsible for all local, state, and federal taxes associated with the receipt of their accepted prize. Each winner is solely responsible for all matters relating to prize package after it is awarded. If a prize package component or prize notification is returned as unclaimed or undeliverable to a potential winner, if a potential winner cannot be reached within three (3) calendar days from the first notification attempt, if a potential winner fails to execute and deliver the Declaration of Eligibility/Release of Liability/Publicity form (if any) within the above-referenced or any other stated deadline, or if a potential winner is not in compliance with these Official Rules, then such potential winner shall be disqualified and an alternate winner may be selected for the prize at issue.

Winners must be or become a Wyndham Rewards member to receive Wyndham Rewards points awarded. The Wyndham Rewards loyalty program is free to join and open to individuals 18 years or older. To join and for terms and conditions of the program, go to http://wyndhamrewards.com/terms. Membership in the Wyndham Rewards program and use and maintenance of points awarded in this Sweepstakes, will be governed by such terms and conditions, as the same may be amended from time to time. Once Wyndham Rewards points are deposited, they will expire in accordance with the Wyndham Rewards Program Terms and Conditions, subject to applicable law.  Wyndham Rewards redemption levels and merchandise are subject to change and are maintained exclusively by Wyndham Rewards. To learn how you may redeem any Wyndham Rewards points awarded,  visit https://www.wyndhamhotels.com/wyndham-rewards/redeem?variant=.

By accepting a prize, to the extent permitted by law and without limiting any term or condition of these Official Rules, each winner agrees to grant 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 each winner’s Sweepstakes Post, full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification.

By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the prize(s). The winner(s) also acknowledges 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).

DISPUTE RESOLUTION, ARBITRATION, MASS ARBITRATION, PROHIBITION OF CLASS ACTIONS; GOVERNING LAW; LIMITATIONS OF LIABILITY

This section is deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act, and you and Sponsor each agree that this section is intended to satisfy the "writing" requirement of the Federal Arbitration Act.

THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A PRE-DISPUTE RESOLUTION PROCESS, BINDING ARBITRATION PROVISION, MASS ARBITRATION PROVISION, AND A CLASS-ACTION AND JURY TRIAL WAIVER.

To the fullest extent permitted by law, by using the Wyndham rewards Program and/or participating in this Promotion, you and SPONSOR agree that if a dispute arises between you and the Sponsor, Sponsor’s parent companies, subsidiaries, affiliates, officers, directors, members, managers,  employees and/or agents (Sponsor, collectively with such entities and individuals, the “Sponsor Parties”) relating in any way to the Wyndham Rewards Program, this Promotion (the Wyndham Rewards Program and this Promotion, hereinafter occasionally referred to together as the “Programs”), and/or or your use thereof and/or participation therein, including common law or statutory claims, the dispute will be resolved in accordance with the provisions set forth in this section. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL IMPACT HOW CLAIMS YOU AND SPONSOR HAVE AGAINST EACH OTHER ARE RESOLVED. You and Sponsor agree that any and all disputes or claims that have arisen or may arise between you and Sponsor or any of the other Sponsor Parties in connection with the Programs, including any products or services offered or sold in connection with the Programs and your use of and participation in the Programs, shall be resolved exclusively through confidential, final, and binding arbitration; provided that either party may file suit in court seeking to enjoin infringement, misappropriation, or misuse of its intellectual property rights. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.

PRE-ARBITRATION DISPUTE RESOLUTION: You and Sponsor agree that whenever you or Sponsor have a disagreement (“Dispute”) with the other arising out of, connected to, or in any way related to the Programs that is subject to the arbitration provision herein, you and Sponsor will first send a written notice to the other party (a “Demand”). You and Sponsor agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these Terms and Conditions. You must send the Demand to the following address (the “Notice Address”): Wyndham Rewards, Inc., Attn: Legal Department, 22 Sylvan Way, Parsippany, New Jersey, 07054. Sponsor must send the Demand to you via certified mail to the most recent address Sponsor has on file for you (or by email if Sponsor only has an email address for you on file). A Demand (1) shall seek to resolve a Dispute only on an individual basis (i.e., between you and the applicable Sponsor Party/ies); (2) shall state the full basis for the Dispute (including the details about the Dispute sufficient for the recipient to review and respond) and the date that the Dispute arose; (3) shall provide the individual claimant’s full name, phone number, and email address to confirm their identity and to aid communication; and (4) shall be personally signed by the individual claimant or for Sponsor by its authorized representative (and not only their counsel). Within twenty (20) business days of receipt of a Demand, the recipient may request an individualized video or telephone conference to attempt in good faith to resolve the Dispute which both you and Sponsor will personally attend (with counsel, if represented). You and Sponsor agree that you and Sponsor will not take any legal action, including filing a lawsuit or demanding arbitration, until after the period to request a conference expires or, if a conference is requested, twenty (20) business days after the individualized conference is completed. Compliance with this informal dispute resolution procedure section is mandatory and a condition precedent to initiating any lawsuit or arbitration. This procedure is essential to providing each of us a meaningful opportunity to resolve Disputes informally. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth above. A court of competent jurisdiction may enjoin the filing or prosecution of a lawsuit or arbitration if these requirements have not been met.

ARBITRATION PROCEDURE: If the Dispute stated in the Demand is not resolved to your or Sponsor’s satisfaction within ten (10) business days after the conference described above (or within ten (10) business days after the time when such a conference may be requested if no conference has been requested), and you intend on taking legal action, you agree that you will file a demand for arbitration with JAMS. The arbitration will be conducted under JAMS’s Comprehensive Rules & Procedures, including the JAMS's Consumer Rules (as applicable), as modified by this Agreement to Arbitrate. The JAMS's rules and a form for initiating arbitration proceedings are available on the JAMS's website at: https://www.jamsadr.com/rules-comprehensive-arbitration/. The arbitrator, and not any federal, state, provincial, territorial or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms and Conditions, including, but not limited to, any claim that all or any part of these Terms and Conditions is void or voidable, except that a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration if the Pre-Arbitration Dispute Resolution requirements set forth above have not been met.

The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, either you or Sponsor may elect to have the arbitration conducted by telephone and/or video conference or based solely on written submissions, which election shall be binding on the other party subject to the arbitrator's discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone and/or video conference, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of New Jersey, including recognized principles of equity, and will honor all claims of privilege recognized by law. 

CLASS ACTION WAIVER: You and Sponsor agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Sponsor agree otherwise or the Mass Arbitration provisions set forth below are triggered, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect any other person or party. You and Sponsor further agree that in the event this arbitration agreement is held to be unenforceable for any reason, the prohibitions on class and representative actions and non-individualized relief set forth in this paragraph are severable and shall apply to any claim between you and Sponsor in any forum. YOU ARE GIVING UP THE RIGHT TO COMMENCE OR PARTICIPATE IN CLASS AND REPRESENTATIVE ACTIONS. The arbitrator's award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by JAMS's rules.

Mass Arbitration:

If, at any time, 25 or more claimants (including you) submit Demands or seek to file demands for arbitration raising similar claims against Sponsor, and such circumstances meet the definition and criteria of Mass Arbitration (“Mass Arbitration”) set forth in JAMS’s Mass Arbitration Procedures and Guidelines (“JAMS’s Mass Arbitration Rules”) available at  https://www.jamsadr.com/mass-arbitration-procedures), you and Sponsor agree that the JAMS’s Mass Arbitration Rules  in effect at the time such claim is filed shall apply as modified below. You agree that throughout this process, the parties’ counsels shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Arbitration. You acknowledge and agree that your election to participate in a Mass Arbitration may result in a delay in the adjudication of your dispute with Sponsor.  Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth below.

Stage One: Counsel for the claimants and counsel for Sponsor shall each select 15 claims per side (30 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Sponsor will pay the mediator’s fee.

Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Sponsor shall each select 20 claims per side (40 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Sponsor will pay the mediator’s fee.

If your Claim is not resolved as part of the staged process identified above, either:

Option One: You and we may separately or by agreement, opt out of arbitration and elect to have your Claim heard in court consistent with these Terms. You may opt out of arbitration by sending us your individual, personally signed notice of your intention to opt out by certified mail addressed to the Notice Address. Such an opt-out notice must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage Two or the elective mediation associated with Stage Two. We may opt your Claim out of arbitration by sending an individual, personally signed notice of our intention to opt out to your counsel within 14 days after the expiration of your 30-day opt out period. Counsels for the parties may agree to adjust these deadlines.

OR

Option Two: If neither you nor we elect to have your Claim heard in court consistent with Option One, then you agree that your Claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 100, then 100 claims shall be randomly selected (or selected through a process agreed to by counsels for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 100, then all of those claims will be filed and proceed in individual arbitrations. Any remaining claims will not be filed or be deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 100 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsels for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with JAMS (including through a Process Administrator, as such term is used in JAMS’s Mass Arbitration Rules) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.

A court of competent jurisdiction shall have the authority to enforce these Mass Arbitration provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your Claim, and a court of competent jurisdiction determines that they are not enforceable as to your Claim, then your Claim will proceed in a court of competent jurisdiction consistent with these Terms.

You and we agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere disputes between the parties. You and we acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Arbitration procedures have been reasonably designed to result in an efficient and fair adjudication of such cases. If any part of this Mass Arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with JAMS’s rules, then the balance of this Mass Arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision was not contained herein unless the lack of such provision would lead this Mass Arbitration provision to fail of its essential purpose. If the staging process of this Mass Arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with JAMS’s rules, then the remaining claims shall be subject to Option One or Option Two above as selected by you or Sponsor. If the Mass Arbitration provisions apply to your claim, and a court of competent jurisdiction determines that the Mass Arbitration provisions are not enforceable as to your claim, then your claim will proceed in a court of competent jurisdiction on an individual basis (not a class or consolidated basis).

Governing Law.  Except as otherwise prescribed herein, and subject to applicable law, these Official Rules shall in all respects be construed, interpreted, and enforced in accordance with the substantive laws of the State of Delaware, without regard to its conflicts or choice of law principles. Member and Sponsor agree that the Programs involve interstate commerce so as to ensure the applicability of the Federal Arbitration Act (“FAA”). In the event of a conflict between Delaware law and the FAA, the FAA shall govern.  If any portion of these Terms and Conditions are deemed invalid or unenforceable, the remainder of these Terms and Conditions shall remain in force.

Limitation of Liability.  YOU EXPRESSLY AGREE THAT IN NO EVENT SHALL SPONSOR, ITS PARENT ENTITIES, SUBSIDIARIES, AFFILIATES, REPRESENTATIVES, DIRECTORS, OFFICERS, EMPLOYEES, AND THE PREDECESSORS, SUCCESSORS, AGENTS AND/OR ASSIGNS OF EACH OF THEM BE LIABLE YOU FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, AGGRAVATED, OR ENHANCED DAMAGES ARISING OUT OF, RELATING TO, AND/OR IN CONNECTION WITH THE PROGRAMS, INCLUDING, WITHOUT LIMITATION, THEIR TERMS AND CONDITIONS OR OFFICIAL RULES (AS APPLICABLE), REGARDLESS OF WHETHER OR NOT THE POSSIBILITY OF ANY SUCH DAMAGES HAS BEEN DISCLOSED TO ANY OF THE FOREGOING ENTITIES OR INDIVIDUALS, OR COULD HAVE BEEN REASONABLY FORESEEN BY ANY OF THEM.  YOU EXPRESSLY WAIVE ANY RIGHT TO SEEK RELIEF IN EXCESS OF THE LIMITATION OF LIABILITY SPECIFIED IN THIS PARAGRAPH.

SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.

MISCELLANEOUS: These Official Rules contain the full and complete understanding 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 Sponsor.  The waiver by Sponsor 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 Sweepstakes 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 and Entrant.

WINNERS’ NAMES AND OFFICIAL RULES REQUEST: To request the name (first name only), city, and state of residence of the winners, please send a self-addressed, stamped business size envelope, for receipt by August 31, 2026, to: Brand Marketing/Wyndham Rewards Flavors of the Open Road Sweepstakes Winner’s Name Request, 22 Sylvan Way, Parsippany, NJ 07054. Residents of Vermont may omit return postage. To request a copy of these Official Rules, please send a self-addressed, stamped business size envelope, for receipt by August 31, 2026, to: Brand Marketing/Wyndham Rewards Flavors of the Open Road Sweepstakes Official Rules Request, 22 Sylvan Way, Parsippany, NJ 07054. Residents of Vermont may omit return postage.