Boar's Head “Aloha Adventure” Sweepstakes (the “Sweepstakes”)
No Purchase Necessary. A purchase will not Increase your chances of winning a prize.
1. The “Sweepstakes Period” is from 12:00:01 AM Eastern Time (“ET”) August 1, 2019 to 11:59:59 PM (“ET”) September 30, 2019(The Sweepstakes Period”). Sponsor’s computer clock determines the time.
2. Eligibility: No purchase necessary to enter or win. This Sweepstakes is open only to legal residents of the 50 United States, D.C. and Puerto Rico, 18 years of age or older and the age of majority in their state of residence (19 in Alabama and Nebraska; 21 in Mississippi) as of date of entry. If you are not a legal resident of the U.S.A. or age 18 or older and the age of majority as of date of entry, you are not eligible to enter or win a prize and Frank Brunckhorst Co., LLC (“Sponsor”) reserves the right not to award prizes to entrants who reside in other or excluded U.S.A jurisdictions. If you have an APO or FPO mailing address, you must identify your state of permanent residence. Residents of all U.S.A. territories and external Commonwealths except Puerto Rico are not eligible for this Sweepstakes. Not open to employees, officers, directors, distributors, retail partners, agents, or representatives, or to members of the immediate families (spouse, parents, children, siblings and each of their spouses regardless of where they live) or members of household of any employees, officers, directors, distributors, retail partners, agents, or representatives of Sponsor or its advertising and promotion agencies including MODE, Inc. (“Co-Administrator”) and TMACO, LLC d/b/a The Marketing Agency (“Co-Administrator”) (collectively the “Sweepstakes Entities”), or anyone involved in the development, production, implementation, administration, or fulfillment of this Sweepstakes. All applicable federal, state and local laws and regulations apply. By participating in this Sweepstakes, entrants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor and by the decisions of the Sweepstakes Entities; (b) acknowledge compliance with these Official Rules; (c) represent and warrant that he or she meets all the eligibility criteria set forth in these Official Rules; (d) agree to comply with any and all applicable federal, state and local laws, rules and regulations; and (e) agree to release and hold harmless the Sweepstakes Entities and their respective parents, subsidiaries, affiliates, agents, officers, directors and employees from and against any and all claims, injury or damages arising out of or relating to participation in Sweepstakes and/or the use, misuse or redemption of the prizes (described below), and for any claim including claims based on defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related or other cause of action.
3. How to enter the Sweepstakes which is played only on the Internet during the Sweepstakes Period: To enter the Sweepstakes, go to the Official Website at www.BoarsHead.com/AlohaAdventure and follow the instructions to start your virtual island hopping tour of Hawaii. You must visit all four (4) virtual islands, view each island’s activity video and each island’s recipe video to obtain four (4) entries (visiting fewer islands’ activities and/or recipes will not give you commensurately fewer entries). When you have “visited” all four (4) islands, you will be asked for the following entry information; your first name, last name, ZIP Code, age range and a valid, working email address for which you are the authorized user. You will receive four (4) entries. You will then be given an opportunity to share the Sweepstakes on Facebook or Twitter by clicking through either of the two links that will be provided. If you share on either one of those sites you will receive one (1) additional entry into the Sweepstakes. You can also receive one (1) more entry if you sign up for the free Boar’s Head free newsletter (Dish Worthy) from which you may unsubscribe at any time. Maximum of six (6) Sweepstakes Entries per person or email address during the Sweepstakes Period. The Sweepstakes is in no way sponsored, endorsed, approved or administered by, or associated with, Facebook or Twitter.NOTE: Message and data rates, wireless Internet access charges and perhaps other fees may apply to use of a mobile device for Sweepstakes entry. It is recommended that you consult your wireless carrier's pricing plan BEFORE participating via mobile device. Not all mobile devices offer wireless Internet access and wireless Internet access may not be available in all areas. You must supply an accurate, functioning email address, for which you are the authorized user, for your entry to be eligible and to be notified if you are a potential winner. It is an entrant's responsibility to keep his/her email address current and to monitor that account. All entries must be made by an individual from a stand-alone computer device and may not be made by proxy or any electronic/automated means such as, without limitation, script, bot, macro or any other similar software or program. You may not enter with multiple emails and/or multiple identities nor may you use any other device or artifice to obtain more than the maximum number of entries. All discovered entries made in violation of these rules will be disqualified. “Authorized email user” is defined as the natural person who is assigned an email address by an online email service, Internet access provider, online service provider or organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the email address. It is an entrant’s responsibility to track the email account entered above as that is how s/he will be notified if s/he has won a prize. In the case of a dispute regarding who submitted a particular online entry, the entry will be deemed submitted by the authorized account holder of the email address submitted on the entry form.
4. Winner Selection: One (1) Grand Prize winner will be chosen on or about October 15, 2019 in a random drawing from all eligible Sweepstakes Entries received during the Sweepstakes Period. A potential prize winner will be notified within approximately three (3) business days after the selection is made via email to the email address submitted via the entry. The potential Grand Prize winner will have five (5) business days to reply, agree to accept the prize, execute and return an Affidavit of Eligibility and Liability and (where legal) a Publicity Release and provide any other information requested by Sponsor or Co-Administrators or it will be concluded definitively and for all time that the prize has been declined and time permitting in Sponsor’s or Co-Administrators’ sole discretion, a new potential winner may be selected in a random drawing from among all remaining eligible entries received. Sponsor and Co-Administrators are not responsible for electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind or insufficient space in entrant's email account to receive email messages. The prize will be awarded if claimed properly provided there are sufficient entries. Should a greater number of prize claims than those specified in these Official Rules be received because of printing, emailing, programming or human errors or for any reason whatsoever, only the number of prizes stated in these Official Rules and their values will be awarded in random drawings from all claims.
5. Prizes, Approximate Retail Value (“ARV”) and Odds: (1) Grand Prize: One Grand Prize of a check in the amount of $10,000 will be awarded. The check is meant to be used towards an “Aloha Adventure” for the winner and a guest. The Grand Prize winner will create his/her own adventure trip. ARV: $10,000. Odds of winning the Grand Prize depend upon the total number of eligible Sweepstakes Entries received during the Sweepstakes Period. By entering this Sweepstakes, entrants acknowledge that the Sweepstakes Entities have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to a prize or regarding the use, value or enjoyment of the prize. The right to receive a prize is non-assignable, non-exchangeable and non-transferable and no prize substitution will be given, except that Sponsor may substitute a prize of comparable or greater value in its sole discretion. Prize and prize notifications that are returned as undeliverable may disqualify winner. Travel and all travel related arrangements made regarding the Grand Prize are the responsibility of the Grand Prize winner.
6. General: By participating in this Sweepstakes, you agree to be bound by these Official Rules. Sweepstakes administration will be supervised by the Co-Administrators, independent judging organizations, whose decisions are final and legally binding. No participant or potential winner shall have the right to contest any decision by the Sponsor or the Co-Administrators, concerning any aspect of the Sweepstakes. Sponsor and Co-Administrators are not responsible for those who cannot access the Internet or cannot click-through for any period of time regardless of, without limitation, technical, hardware, software, telephone, Internet, virus contamination or network problems, or for delay, failure or malfunction for any reason including, but not limited to, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors, human errors including, but not limited to, errors by Sponsor/Co-Administrators who enter incorrect information into any of Sponsor’s computer systems or by force majeure. Sponsor and Co-Administrators reserve the right to cancel, terminate, modify or suspend the Sweepstakes if in their sole determination they believe that the integrity of the Sweepstakes has been, or could be, compromised or that the Sweepstakes is not capable of running as planned or fairly, including, without limitation, tampering, unauthorized intervention (hacking), fraud, technical failures, or force majeure or any other causes beyond the Sweepstakes Entities’ control. Should the Sweepstakes be canceled or terminated, the Grand Prize winner will be chosen from all non-suspect entries received to the cancellation/termination date; no further prizes will be awarded. Sponsor/ Co-Administrators reserve the right to disqualify any entry from the Sweepstakes if in their sole judgment they suspect that entrant has not complied with these Official Rules. Without limitation, all of an entrant’s discovered entries will be disqualified, at the sole discretion of Sponsor/Co-Administrators, if it is suspected that an entrant has attempted: (i) to enter the Sweepstakes through any means other than as described in these Official Rules; (ii) provides information that is inaccurate, illegible or fraudulent; or (iii) attempts to disrupt the Sweepstakes or circumvent the terms and conditions of these Official Rules. Only the prizes and the values listed in the Official Rules shall be awarded. All costs and expenses related to acceptance and/or use of any prize in this Sweepstakes not specified herein as being awarded shall be the sole responsibility of the winner, It is the Grand Prize winner’s responsibility to learn the applicable rules and regulations and safety warnings for entering and staying in the area/venues to which s/he has chosen to travel. Grand Prize winner/travel companion will be responsible for, without limitation: (i) All travel required and/or other travel documents/requirements, acceptable to the airlines, The Transportation Security Administration (TSA), the United States Government, (ii) all medical requirements, including, without limitation, vaccinations if required, (iii) respecting all local regulations and (iv) for full compliance with the regulations of all venues. Without limitation, all airline(s), hotels and local authorities have the right to refuse travel and/or admission to anyone who does not have proper documents or who does not comply with all regulations or comport him/herself properly. The Grand Prize is awarded “as is” and without warranty and there will be no substitution or compensation for a prize or part of a prize forfeited due to winner’s non-compliance with all regulations or any other reason
7. By entering, to the extent permitted by applicable law, you explicitly agree to forever and irrevocably release, defend, indemnify and hold harmless the Sweepstakes Entities, Sponsor’s distributors and retailers, their successors and assigns and their respective officers, directors, employees, representatives and agents, one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims or judgments for injuries, death, fines, penalties, losses, costs, expenses and demands whatsoever in law or equity, including all legal or “expert” fees or costs, which you now have or may acquire, by reason of, without limitation, any of the following: personal injury, death, loss of or damage to others or to property, or any reason, occurring during or arising out of the Sweepstakes, your participation or inability to participate in the Sweepstakes; the acceptance, possession, travel related to, defect of, use, inability to use or misuse of the prize and any elements thereof; any change in the prizing (or any components thereof) due to unavailability, business or creative considerations, or due to reasons beyond Sweepstakes Entities’ control or human error; any interruptions in or postponement, cancellation, or modification of the Sweepstakes; any damage to entrant’s (or any third person’s) computer, network and/or its contents related to, or resulting from, any part of the Sweepstakes or any wrongful, negligent, or unauthorized act or omission on the part of any of the Sweepstakes Entities, or any of their agents, distributors, retailers and their collective officers or employees. Grand Prize winner waives the right to (i) assert as a cost of winning the prize any and all costs of verification and redemption or travel to redeem said prize, and (ii) claim any liability (including attorneys’ and experts’ fees and costs) which might arise from redeeming or seeking to redeem said prize (including travel related thereto).
8. Sweepstakes void where prohibited, licensed, or otherwise restricted by law. All federal, state and local laws and regulations apply. If any provision of the Sweepstakes shall be deemed to violate any federal, state or local law, regulation or ordinance, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. If Sweepstakes Entities are required by applicable federal, state or local law, regulation or ordinance, or by action of an administrative agency to cease offering the Sweepstakes in any jurisdiction, the Sweepstakes Entities reserve the right to (i) terminate the Sweepstakes in such jurisdiction in its entirety, and/or (ii) cancel and remove from participation in the Sweepstakes any and/or all entries from entrants residing in such jurisdiction, without penalty and without obligation to any Sweepstakes entrants. The Sweepstakes Entities’ failure to enforce any term/provision of these Official Rules shall not constitute a waiver of that provision. All taxes are winners’ responsibility and an IRS form # 1099 will be sent to the Grand Prize winner for $10,000 for the year 2019.
9. Except where prohibited by law, by entering the Sweepstakes, and as a condition of winning the prize, you agree to the use by Sponsor and its designees of your name, photograph, likeness, statements, certain biographical information (except address, email address or phone number), voice and city and state address for advertising and promotional purposes, for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media now known or hereafter devised without additional compensation, review or approval rights, notification or permission. You further acknowledge that if you are chosen as a winner, your identifying information (except address, email address or phone number) may be disclosed on a public winners' list and on a winner’s list that is submitted to States where the Sweepstakes is registered (including mailing and email address).
10. AS A CONDITION OF PARTICIPATING IN THIS SWEEPSTAKES, YOU AGREE TO BINDING ARBITRATION. BY AGREEING TO ARBITRATION, PARTICIPANT UNDERSTANDS AND AGREES THAT THEY ARE WAIVING THEIR RIGHT TO SUE IN COURT. PARTICIPANT AGREES THAT: (I) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SWEEPSTAKES, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY -- WITHOUT RESORT TO ANY FORM OF CLASS ACTION -- BY BINDING ARBITRATION (BY A SINGLE NEUTRAL ARBITRATOR SELECTED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION) ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “AAA RULES”) THEN IN EFFECT; (II) ANY ARBITRATION SHALL BE HEARD BY ONE ARBITRATOR TO BE SELECTED IN ACCORDANCE WITH THE AAA RULES, IN NEW YORK, NY; (III) UNLESS BOTH PARTICIPANT AND SPONSOR AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING; AND (IV) JUDGMENT UPON ANY AWARD RENDERED MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. To the extent permitted by applicable law, any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes and never shall include consequential, incidental or punitive damages, and in no event attorneys’ or experts’ fees.
11. The Sweepstakes Entities and Sponsor’s distributors and retailers shall not be responsible for technical, pictorial, typographical or editorial errors or omissions in the Sweepstakes website, any marketing materials or these or the abbreviated Official Rules.
13. For a Winners List —All requests for a copy of the Official Rules and/or for the name of the winner (first name and state only) must be made by November 15, 2019. Send a self-addressed, adequately stamped, #10, business envelope to Winner — Boar’s Head “Aloha Adventure” Sweepstakes,” c/o The Marketing Agency, 2881 East Oakland Park Blvd., Suite 425, Fort Lauderdale, FL No mechanically reproduced or photocopied requests allowed; only one (1) request per outer mailing envelope. Vermont residents may omit return postage if requesting a set of Official Rules. You cannot enter the Sweepstakes using this address. All entries mailed to this address will be discarded.
14. This Sweepstakes is sponsored by Frank Brunckhorst Co., LLC, 1819 Main Street, Suite 800, Sarasota, FL
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