NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES/CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ENTRY IS OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES, OR THE DISTRICT OF COLUMBIA, WHO ARE AT LEAST 18 YEARS OF AGE OR LEGAL AGE OF MAJORITY IN THEIR STATE OF RESIDENCE ON DATE OF ENTRY.
1. Promotion Dates: The TABASCO® Game Changer Sweepstakes/Contest (the “Promotion”) begins September 15, 2016 at 12:00:00 AM Central Time (“CT”), and ends February 8, 2017 at 11:59:59 PM CT (the “Promotion Period”). During the Promotion Period there are a series of events which start and end on the dates and times noted below:
Sweepstakes Events (monthly drawings):
All non-winning Entries received in any Entry Period will carry over to subsequent sweepstakes drawings during the Promotion Period. The Sponsor’s computer, or that of its designee, runs the official clock for the Sweepstakes and will solely determine the time by which an Entry (as defined below) is received.
|EVENT||Events START at
12:00:00 AM CT
|Events END at
11:59:59 PM CT
|CONTEST SUBMISSION PERIOD||September 15, 2016||February 8, 2017|
|JUDGING||February 10, 2017||February 10, 2017|
NOTIFICATION & CLEARANCE
|February 13, 2017||February 17, 2017|
|WINNER ANNOUNCED||February 20, 2017|
2. Promotion Entities: McIlhenny Company, 601 Poydras Street, #1815, New Orleans, LA 70130 (the “Sponsor”); and Marden-Kane, Inc., 195 Froehlich Farm Blvd., Woodbury, New York 11797 (the “Administrator”). Sponsor and Administrator are collectively referred to as the “Promotion Entities”.
3. Eligibility: Promotion is open only to persons who, as of date of entry, (i) are legal residents of one of the fifty (50) United States or the District of Columbia, (ii) are at least eighteen (18) years or older (or the age of majority in their state of residence if greater than eighteen (18), whichever age is older). This Promotion is void where prohibited by law.
All federal, state, and local laws and regulations apply to this Promotion. By entering this Promotion, you agree to be bound by these Official Rules (posted online at www.TABASCO.com) and to waive any right to claim any ambiguity or error in these Official Rules or the Promotion itself. You also agree to be bound by all decisions of the Sponsor or its designees, whose decisions are final and binding. By entering the Promotion, you agree to release the Promotion Entities, Facebook, Instagram and Twitter from all responsibility or liability for damages, losses or injuries of any kind resulting from participation in the Promotion or any prize-related activities, if any, or any awarding, possession, use and/or misuse of prize(s), if any, awarded herein. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or Twitter. You are providing your information to the Promotion Entities and not to Facebook, Instagram or Twitter.
Employees, officers, directors, shareholders, franchisees, franchisees’ employees, and the immediate family members of the Promotion Entities and their respective parent companies, affiliated and subsidiary companies, advertising and promotion agencies, legal and financial advisors, or affiliates of any of the foregoing are not eligible to enter this Promotion. For purposes of this Promotion, “immediate family members” means parents, spouses, children, siblings, in-laws, grandmothers, or grandfathers.
4. How to Enter:
Note: An “Entry/Vote” consists of a Photo and a hashtag (#GameChangerContest).
Each Entry submitted by an Entrant (as defined below) during the duration of the Entry submission period via Facebook, Instagram or Twitter must be unique (variations of any kind are acceptable). [If multiple, non-unique (exact same photo) Entries are submitted, only the first Entry received via Facebook, Instagram or Twitter will be eligible; all other Entries will be disqualified.] A “unique” Entry includes a Photo that has not been included in any prior Entry received.
To Enter via Facebook: You must have a valid Facebook account to enter the Promotion via this entry method. If you do not have a Facebook account, visit www.Facebook.com and register in accordance with their enrollment instructions. Go to www.facebook.com/TabascoUS. Post your photo with the hashtag #GameChangerContest. For Sweepstakes and Contest entry periods, refer to section 1 above.
Usage of Facebook, Instagram and Twitter may require a mobile device and therefore you may be charged standard text messaging rates for text messages sent and received from your mobile device according to the terms and conditions in your Customer Agreement with Mobile Carrier.
Photo Specifications: Your Photo must comply with the following specifications (the “Photo Entry Specifications”): a. it must be your original creation, taken solely by you and not include any personal information. Reproducing, modifying, enhancing or altering a third party’s pre-existing work does not qualify as your original creation; b. it must not violate the rights of any third party, including, but not limited to copyright. For example, your Photo must not defame, infringe or violate publicity or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s, entity’s or organization’s personal or proprietary rights, including but not limited to, intellectual property rights; c. it must not have been published previously, used commercially, submitted to another competition or contest, or won any other award; d. it must be in “good taste” and in keeping with the Sponsor’s brand image and must not be explicit, offensive, obscene, or profane, and must not be derogatory toward any ethnicity, race, gender, sexual orientation, religion, profession, or age group, or promote any activities that may be unsafe or dangerous, as determined by the Sponsor, in its sole and absolute discretion; e. it must not contain any commercial content that promotes any product or service other than Sponsor’s products; f. it must not defame, misrepresent or contain disparaging remarks about Sponsor or its products; g. it must not be false, inaccurate or misleading; h. it must not violate any law or regulation; i. it must not be libelous, threatening or harassing; j. it must not instigate others to commit illegal activities or violate human rights; and k. it must not contain any viruses, worms, or other interfering computer programming.
Proof of transmission (such as a “confirming” message) of the Entry does not constitute proof of submission/delivery. An Entry will not be considered complete if the Entrant’s Photo has not completed the uploading process by the deadline noted above, even if the Entrant initiated the upload before that time.
An Entry may only be submitted by a single individual, the owner of the eligible Photo (the “Entrant”). Group entries will not be accepted (e.g., although different individuals might have taken part in the creation of an Entry, only one individual may be considered to have created and submitted the Entry). By entering the Promotion, each Entrant represents and warrants that he or she has obtained all of the rights, licenses, and permissions from each person who appeared in or helped to create the Entry.
BY SUBMITTING AN ENTRY, YOU ACKNOWLEDGE THAT YOUR ENTRY (INCLUDING YOUR USERNAME AND PROFILE PICTURE) MAY BE POSTED ON FACEBOOK, TWITTER, INSTAGRAM AND/OR SPONSOR’S PROPRIETARY WEBSITE, WHERE IT MAY BE VIEWED, SHARED (BY USERS OF FACEBOOK, TWITTER, INSTAGRAM AND VARIOUS OTHER INTERNET-BASED SITES) AND COMMENTED ON BY THE SPONSOR AND THE GENERAL PUBLIC.
By entering this Promotion, winners agree to grant the Sponsor, its parents, subsidiaries, and affiliates and their agents and designees, the exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, database rights and any other rights Entrant has in the Entry, and also the right and permission to edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, dub, adapt, publish, exploit, and use the content of and elements embodied in the Entry, in any media now known or hereafter devised (including without limitation, the Internet), for advertising and promotional purposes without additional compensation, except where prohibited by law. Each Entrant hereby represents and warrants that he/she is the original author/creator of his/her Entry and the Entry will not infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Sponsor’s use of information submitted to Sponsor in connection with this Promotion will be subject to the terms and conditions of these Official Rules. Entries must be received by 11:59:59 PM CT on September 8, 2016 in order to be eligible for part of the Promotion. The Sponsor’s decisions are final on all matters relating to this Promotion. If Sponsor and/or Administrator determine in their sole discretion that an Entrant has breached any representation or warranty or any other requirement described in these Official Rules, the Entry will be disqualified.
5. Sweepstakes Prize Drawing: At the conclusion of each Entry Period, all eligible Entries posted will be entered into a random drawing from all eligible entries received prior to such conclusion. Drawings will be conducted by the Administrator whose decisions, along with the Sponsor, are final and binding on all matters relating to this Promotion. Potential winners are subject to eligibility verification and compliance with these Official Rules.
Limit of one (1) Sweepstakes prize per Entrant. Sweepstakes prize winners are eligible to win the Contest.
6. Judging to Determine Contest Winner(s): At the conclusion of the Contest Submission Period, all eligible Entries received will be judged by a panel of judges assembled by the Administrator (“Panel”). The Panel will score (the “Panel Score”) each eligible Entry based on the following judging criteria (“Judging Criteria”):
Based on the Panel Scores, the highest scoring Entrant will be deemed the potential winner, subject to verification of eligibility and compliance with these Official Rules.
In the event of a tie, all tied entries will be re-judged by an additional judge selected by Sponsor, who, using the Judging Criteria, will break the tie. The judges’ decisions are final and binding in all matters relating to this Contest. All Entries are subject to verification of eligibility and compliance with these Official Rules.
7. Winner Notifications: If a potential winner entered via Facebook, Twitter or Instagram, the Sponsor will initiate contact by direct message notification. The potential winner will be required to respond via e-mail within 48 hours with requested information [e.g. email address and physical mailing address (P.O. boxes will not be accepted)]. Potential winners of prizes with an average retail value greater than $600 will be required to sign and properly execute the following documents and return them via e-mail or fax (and subsequently by mail per instructions to be provided) to Administrator (Marden-Kane, Inc.) by date indicated in email notification: (1) an Affidavit of Eligibility and Release; (2) where lawful, a Publicity Release; and (3) a W9 Form. If any documents sent by any means to a potential winner are returned as undeliverable or if a potential winner fails to properly execute and return all documents required herein in the time noted, or if a potential winner is found not to be eligible or not in compliance with these Official Rules, the potential winner will be disqualified and, at the sole discretion of the Sponsor, an alternate (Sweepstakes) or the next highest scoring Entry (Contest) will move up and be notified, time permitting. All Winners are considered “potential” pending submission of required documents and verification of eligibility and compliance with these Official Rules.
Except where prohibited by law, all Entrants agree that Sponsor may announce the name of the Winner (1st name, initial of last name), City, and State online.
Sweepstakes Prizes: Ten (10) The Game Changer Kit prizes per Sweepstakes Entry Period.
The Game Changer Kit includes:
Total ARV Per The Game Changer Kit Prize: $126.95
The approximate retail value (“ARV”) of the Sweepstakes Prizes is USD$6,347.50.
Contest Prize: Grand Prize: One (1) Grand Prize Winner (“Winner”) will receive a trip for two (2) to the 2018 BIG GAME. Trip consists of: roundtrip coach air transportation from a major commercial airport near Winner’s legal residence (as selected by Sponsor) to the Minneapolis-Saint Paul International Airport; transfers to/from airport to hotel; transfers to/from hotel to the BIG GAME, two (2) tickets to the 2018 BIG GAME, hotel accommodations during the Trip (one standard room/double occupancy, 3 nights) and full American Breakfast provided daily at the confirmed hotel. Total ARV of trip: USD$14,000. In addition, Winner is to be provided USD$3,500 in the form of a check, made payable to the Winner, which may be used towards payment of taxes (note: cash amount is taxable). Travel taxes associated with the Trip and all expenses not specifically mentioned herein are not included and are solely the Winner’s responsibility, including but not limited to: transportation to and from the airport of origin, meals, alcoholic beverages, tax, gratuities, insurance, laundry service, merchandise, room service, service charges, activities, souvenirs and telephone calls. Airline carrier and hotel regulations and conditions apply. Trip components are subject to change without notice. Travel and lodging are subject to availability, certain restrictions, blackout dates and Sponsor’s approval.
Travel companions of Grand Prize Winner must be 21 years of age or older (unless travel companion is the child of the Grand Prize Winner). Grand Prize Winner’s travel companions (parent/guardian, if travel companion is a minor) must sign and return a consent to publicity (where legal), liability waiver, and travel release form prior to traveling. Acceptance of the prize constitutes permission for the Sponsor and its designees to use Grand Prize Winner’s and travel companion’s names and likenesses for advertising and promotional purposes without additional compensation unless prohibited by law.
Trip must be taken on the following dates: February 2, 2018 - February 5, 2018 and the selected departure must be booked by November 1, 2017. If potential winner is unavailable to travel during those dates for any reason, prize will be forfeited without compensation of any kind and an alternate winner selected (time permitting) from among all eligible entries received for random drawing. A minor (as defined by state of primary residence) may not participate in the Trip unless accompanied by his/her parent or legal guardian as a guest of the Winner. Winner and Guest are solely responsible for obtaining any and all necessary travel documents (valid photo I.D., credit card, passport, etc.) before departure and all travelers must be at least 21 years old (except in case where Guest is child of Winner) at time of travel. Any costs associated with obtaining the required travel documents are the responsibility of the Winner and Guest.
Sponsor reserves the right to change and/or substitute any components of the Grand Prize at any time, in its sole discretion. The trip shall be coordinated between Marden-Kane Inc. and the Grand Prize Winner.
The approximate retail value (“ARV”) of the Contest Prize is USD$17,500. The ARV is subject to change based on current market conditions at time of Prize fulfillment, and the time of travel and the distance between departure and Destination. Any difference between the ARV and the actual values, if any, will not be awarded.
Sponsor will determine the airlines and hotels in its sole discretion. Winner and Guest must travel on the same itinerary. All travel dates are subject to change in Sponsor’s sole discretion. Travel restrictions, conditions and limitations may apply. Travel arrangements are subject to availability and must be roundtrip. Sweepstakes Entities shall not be responsible for any damage to baggage or any cancellations, delays, diversions or substitutions or any acts or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of the services and accommodations necessitated by same. Winner and Guest must possess valid travel documents in order to travel.
By participating in Contest/Sweepstakes, Winner (hereinafter defined) grants the right to Sponsor to record, videotape and photograph the Winner (“Images”). These Images will be owned by Sponsor. Sponsor and each of its designees shall have the right to use, edit, adapt, post, stream, copy and exploit such Images, and all elements embodied therein, including any names, likenesses, voice, conversation and any other attributes of Winner’s personality and appearance, individually or with others, in whole or in part, in conjunction with other material, in any and all media now known or hereafter devised, for the purpose of trade, advertising, promotion or any other lawful purpose whatsoever, in perpetuity, throughout the world, without additional compensation, consideration, notification or permission, except where prohibited by law.
All details of Prizes not specified herein shall be determined solely by Sponsor. Prizes are non-transferable; no substitutions or cash equivalents allowed, except at the discretion of the Sponsor in which case a prize of equal or greater value will be awarded. All taxes, costs and expenses relating to acceptance and use of prize, which are not explicitly listed herein as being awarded, are responsibility of prize winner.
Any difference between the estimated and actual value of any prize will not be awarded. Winner may elect to decline any part(s) of the prize as offered, without any additional compensation. If any part of the prize is declined it will not be reimbursed nor awarded to another potential winner.
9. Limitation of Liability: By participating in the Promotion, Entrants agree to abide by the terms of these Official Rules and the decisions of the Promotion Entities and release, indemnify, and hold harmless the Promotion Entities and each of their parents, affiliates, subsidiaries and their respective agents, representatives, officers, directors, shareholders, and employees (collectively, “Releasees”) from and against any injuries, losses, damages, claims, actions, disruption of business, or any liability of any kind resulting from or arising from participation in the Promotion or acceptance of the prize that may be awarded.
THE RELEASEES WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOST REVENUE, LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT ARISING FROM THE ACCEPTANCE OF THE PRIZE.
Entrants agree that this Promotion is governed, interpreted, and enforced by the laws of the State of Louisiana, without regard to its conflict of laws principles.
Sponsor reserves the right to extend the Promotion if insufficient entries are received by end of the submission period. Sponsor reserves the right to cancel, terminate, modify or suspend any Promotion if the Promotion is not capable of being completed as planned for any reason, including, but not limited to, infection by computer virus, “bugs,” tampering, unauthorized intervention, fraud, or technical failures of any kind or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of any such Promotion. The decision of Sponsor to cancel, terminate, modify or suspend any Promotion shall be final in all respects.
Releasees are not responsible for printing or typographical errors in any Promotion-related materials; or for transactions that are lost, misdirected, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly, or are lost for any reason including computer, telephone, paper transfer, mail system, human or other error; or for electronic, computer, or telephonic malfunction or error, inability to access any website associated with this Promotion, or inability to process any transaction thereon. Sponsor reserves the right, in its sole discretion to disqualify any Entry and to modify, terminate, or suspend this Promotion should virus, bugs, non- authorized human intervention, action of Entrants, or other causes corrupt or impair the administration, security, fairness, or proper play of the Promotion and, if the Promotion is modified, terminated, or suspended, select winners from those eligible, non-suspect entries received prior to the event requiring such modification, termination, or suspension. Should the Promotion be terminated or modified prior to the stated expiration date, notice will be posted on the Promotion Website. Any attempt by an Entrant or any other individual to deliberately damage any website or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Any attempts by an individual to access any website associated with this Promotion via a bot script or other brute force attack or any other unauthorized means will result in the IP address becoming ineligible. Use of automated entry devices or programs is prohibited.
10. Binding Arbitration: The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules and/or this Promotion. Any controversy or claim arising out of or relating to these Official Rules and/or this Promotion shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Louisiana, in the City of New Orleans, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
11. Acknowledgment by Entrants: EACH ENTRANT ACCEPTS THE CONDITIONS STATED IN THESE OFFICIAL RULES, AGREES TO BE BOUND BY THE DECISIONS OF THE SPONSOR, WARRANTS THAT HE/SHE IS ELIGIBLE TO PARTICIPATE IN THIS PROMOTION, AND AGREES TO RELEASE, INDEMNIFY, AND HOLD HARMLESS CONTEST ENTITIES AND EACH OF THEIR PARENT COMPANIES, DIVISIONS, SUBSIDIARIES, AFFILIATES, ADVERTISING, PROMOTION, AND PUBLIC RELATIONS AGENCIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENCIES OF EACH FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, AND DAMAGES OF ANY KIND, (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ASSERTED AGAINST ANY OF THEM, INCURRED, SUSTAINED, OR ARISING IN CONNECTION WITH THE USE, ACCEPTANCE, OR MISUSE OF ANY PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELLING TO OR FROM ANY PROMOTION-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY, OR FROM THE RESPECTIVE ENTRANTS’ BREACH OR ALLEGED BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE PROMOTION, INCLUDING THESE OFFICIAL RULES. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE PROMOTION ENTITIES AND EACH OF THEIR LICENSEES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Winners List: For the name of the prize winners, available after February 20, 2017, send an email with subject line: The TABASCO® Game Changer to: email@example.com. Requests received after March 1, 2017 will not be fulfilled.
Facebook is a registered trademark of Facebook, Inc. Twitter is a registered trademark of Twitter, Inc. Instagram is a registered trademark of Instagram, Inc. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter or Instagram. You understand that you are providing your information to Sponsor, and not to Facebook, Twitter or Instagram. The information you provide will only be used for verification of your eligibility to participate in the Promotion and, if you are a prize winner, as provided in the Publicity Release. Any questions, comments or complaints regarding the Promotion are to be directed to Sponsor, at the address above, not Facebook, Twitter, or Instagram.
© 2016 Marden-Kane, Inc. All rights reserved. These Official Rules may not be copied, edited, or used for any other purpose, commercial or otherwise, without the express written consent of Marden-Kane, Inc.
©2016. The TABASCO® marks, bottle and label designs are registered trademarks and service marks exclusively of McIlhenny Company, Avery Island, Louisiana 70513. www.TABASCO.com