SPAM® Brand “Sizzle To Win” Promotion Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. INTERNET ACCESS, FACEBOOK OR INSTAGRAM ACCOUNT REQUIRED TO ENTER. Void where prohibited or restricted by law.
ELIGIBILITY: The SPAM® Brand “Sizzle To Win” Promotion (“Promotion”) is offered and open only to legal residents of the 50 United States & D.C., (defined herein as “U.S.”) who are 18 years of age or older. Employees, officers and directors of Hormel Foods Sales, LLC (“Sponsor”), BBDO, Match MG US, LLC, and individuals and entities involved in the execution, preparation of materials and/or administration of this Promotion (collectively referred to herein as the “Promotion Entities”), and their immediate family members (spouse, siblings, children and parents including foster and step-relations) and those living in the same household as such individuals (whether or not related) are not eligible to enter.
PROMOTION PERIOD/MONTHLY ENTRY PERIODS: The Promotion begins on or about 12:00 am Central Time (“CT”) on or about May 1, 2017 and ends 11:59 pm CT on October 31, 2017 (“Promotion Period”). All time referenced herein is Central Time. This Promotion consists of six (6) individual monthly sweepstakes (each is a “Sweepstakes”). Each Sweepstakes begins 12:00 am CT on the first day of the month and ends 11:59 pm CT on the last day of the same month (Sweepstakes “Entry Period”) during the Promotion Period. Each Sweepstakes also consists of separate weekly drawings (weekly “Entry Period”). Non-winning Entries WILL carry over into subsequent weekly drawings within the same Sweepstakes Entry Period, but will NOT carry over into a subsequent monthly Sweepstakes or be eligible for any other Sweepstakes drawing. Sponsor’s server’s time-keeping device shall be the official time keeping device for the Promotion. PARTICIPANTS ARE SOLELY RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS; PROMOTION ENTITIES DISCLAIM ALL LIABILITY AND RESPONSIBILITY RELATING THERETO. Sponsor reserves the absolute right to cancel, terminate or modify the Promotion or any element thereof by providing contemporaneous notice on the Website.
AGREEMENT BY ENTRANT: All Entries, entrants and participation in this Promotion shall be governed by these Official Rules. By participating in the Promotion, each entrant fully and unconditionally agrees to be bound to these Official Rules, any additional instructions, terms and conditions specific to the Promotion communicated by Sponsor, and the decisions of the Sponsor (including its authorized representatives), which are final and binding in all matters pertaining to the Promotion.
HOW TO ENTER: In your social media accounts used to facilitate entry, your privacy settings must be set to public and cannot be set to “off” or “private”. During an Entry Period, there are two ways to enter:
- Take an original photograph depicting SPAM® products deliciously sizzling in a pan and submit it at Sponsor’s Facebook page at www.facebook.com/spambrand, or submit on Instagram (“social media platforms”) using @spambrand AND the hashtag #SizzletoWin (“Entry”). DO NOT INCLUDE AN IDENTIFIABLE PERSON IN THE ENTRY;
- To enter without posting sizzling SPAM® products, go to www.spam.com/sizzle (the “Website”), complete the short survey, provide all required information and submit (“Entry”).
Sponsor reserves the absolute right to interpret Entries in its sole and absolute discretion. By way of example, Sponsor may allow an Entry depicting SPAM® Brand going into a pan but not yet sizzling, or that includes a person’s arm shaking the pan, but may disqualify an Entry depicting SPAM® Brand still in its can, on the counter, or being cooked by a person who is clearly identifiable in the Entry, for example. If the Entry appears or is suspected, in Sponsor’s sole and absolute discretion, not to depict the actual SPAM® Brand it will be disqualified.
Limit up to nine (9) Entries per person per Sweepstakes, regardless of entry method used. Limit up to three (3) unique Entries per social media platform per person per Sweepstakes, and all social media Entries must be unique (different) from each other. Limit up to fifty-four (54) Entries per person during the entire Promotion Period. Each of the social media Entries (up to six) submitted in the same Sweepstakes by the same Entrant must be entirely different and unique, as determined by Sponsor; however, entrants may resubmit the same Entry(ies) in a subsequent Sweepstakes.
ENTRY SPECIFICS, PARAMETERS AND CONTENT RESTRICTIONS:Entries MUST NOT depict an identifiable person. Entries must be complete, compliant, submitted via one of the entry methods communicated herein and received by Sponsor within the Entry Period or will be disqualified. Incomplete, invalid, unsuitable, or otherwise non-compliant Entries (as determined in Sponsor’s sole and absolute discretion) will be disqualified. Entries become the property of Sponsor and will not be returned. Entries may only be submitted by a single registered social media account user; group or commercial submissions are not permissible. Multiple entrants are not permitted to share the same device, social media account, IP or email address. Entrants may not (whether apparent or suspected) enter through a sweepstakes club or exchange sites or similar methods (whether or not monetary consideration is involved), with multiple or false identities, accounts, or devices, or use multiple e-mail and/or street addresses, or use any other device or artifice to enter. Engaging directly or indirectly in any (apparent or suspected) artifice, cheating, fraud, unsolicited commercial email, phishing, on-line sweepstakes clubs (or similar methods), exchange sites, robotic, automatic, macro, programmed or like participation methods as determined in Sponsor’s sole and absolute discretion, will void all such Entries, and disqualify any entrant suspected of using/benefitting from such methods. Proof that you uploaded an Entry does not constitute proof or evidence that it was received within the Promotion Period or eligible for the Promotion, or any element thereof.
By submitting an Entry, Entrants represent, warrant and covenant (and agree to release and indemnify all Promotion Entities from same) that their Entry, in whole and in part, and all content therein:
(i) Is the original creation of the Entrant, has not been copied in whole or in part from any other work, and is the sole and exclusive property of the Entrant (or Entrant has all consents and rights relating thereto);
(ii) Is taken and specifically created for this Promotion and has not been previously published (in whole or in part), received an award or honorable mention, or submitted in any other Promotion, competition, showing, or event previously;
(iii) Does not and will not contravene, be in violation of, nor infringe in any respect any local, state or Federal laws, rules, or regulations (“laws”), industry standards/codes, guild/union restrictions, or any contractual, intellectual, professional, personal or property rights, or any other laws or rights whatsoever of any other person and/or entity who otherwise have any right, title and interest in and to any part thereof, including but not limited to copyright, trademark, patent, literary, trade secret, or any other proprietary, publicity, or privacy laws;
(iv) Does not and will not give rise to any alleged or actual claims, disputes, actions, damages, or liabilities against the Sponsor or any of the other Promotion Entities, other Entrants, or any other person and/or entity; and
(v) Does not depict reasonably identifiable individual(s).
Entrant may be asked by Sponsor to provide evidence of the above in writing, or else Entry may be disqualified. Further and without limiting any other provision, Entries MUST NOT contain material that Sponsor deems is, or appears to promote, depict, condone or contain in any respect (as determined by Sponsor in its sole and absolute discretion), in whole or in part:
(i) Content that is inappropriate, indecent, gross, lewd, pornographic, obscene, profane, sexually or otherwise explicit, menacing, hateful, tortious, or defamatory or that otherwise offends against reasonable standards of taste and decency;
(ii) Unethical, destructive, illegal or harmful (including self-harm) activities or behavior, cruelty (including but not limited to animals), violence, alcohol, drug, tobacco, firearms/weapons (or the use of any of the foregoing), gambling, or any unsafe, dangerous or age-inappropriate behavior or activities;
(iii) Bigotry, racism, hatred or harm against any group or individual or appears to promote or condone discrimination on any basis;
(iv) Advertisements, personal or commercial solicitations, highly sensitive information, religious, or political agendas of whatever kind or nature;
(v) Content that contains unsubstantiated claims, or that disparages or portrays in a false light Sponsor, or any of the Promotion Entities, or any of their respective products and/or brands, or those of any other person or entity;
(vi) Content that in Sponsor’s sole and absolute discretion features infringing intellectual property of whatever kind or nature not owned by Entrant or used without the owner’s express consent, including without limitation any third-party brand names, logos or trademarks, other than those of Sponsor and its affiliated companies (which Entrant has a limited license to use solely for purposes of this Promotion in accordance with the terms herein); OR
(vi) Depictions of over-eating or over-consumption, or of animals being offered or ingesting Sponsor’s products. Sponsor reserves the absolute right to disqualify and/or immediately remove any Entries and/or entrants in whole or in part for any reason within its sole and absolute discretion. Sponsor reserves the absolute right, at its sole discretion, to interpret and apply these Parameters and Restrictions, and to disqualify an entrant/Entry if his/her Entry is suspected of, or fails to comply with these Entry Parameters and Content Restrictions or any other provision of these Official Rules. Without limiting or being limited by the foregoing Parameters and Content Restrictions, if an Entry in whole or in part, for any reason whatsoever, garners comments that are unpleasant, distasteful, nasty or otherwise inappropriate for the Sponsor community, or if Sponsor considers for any reason an Entry, or any element thereof, not to be in the spirit of the Promotion, or will have a detrimental impact on Sponsor, this Promotion, any of Sponsor’s brands, products or services, then Sponsor reserves the right to disqualify such Entry/entrant and remove any/all such Entry/Entries immediately from the Gallery and this Promotion.
In the event of a dispute as to the identity of an online entrant, the authorized account holder of the email address used in connection with the Entry will be deemed to be the entrant. Potential winner may be required to show proof of being the authorized account holder. The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
Promotion Entities assume no responsibility for lost, late, incomplete, inaccurate, undelivered, delayed, destroyed, damaged, or misdirected Entries (in whole or in part); or for any equipment, computer, telephone, device, network, app, electronic, hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt, or jumbled transmissions; nor service provider, platform, Internet, Website, user accessibility or availability, incompatibility, traffic congestion, unauthorized human intervention or any error, or the incorrect or inaccurate capture of Entry, or other information, nor for the failure to capture or display any such information.
If you don’t have a social media account, you can become a member without charge by simply following the social media platform instructions and accepting the terms and conditions of use. By entering, entrants understand and agree that submitted eligible Entries may be subject to public viewing, streaming (i.e. “digital transmission”), downloading (i.e. “digital distribution”), and public comments, including but not limited to being forwarded, re-grammed, re-tweeted, and otherwise posted, for commercial and non-commercial purposes, throughout Sponsor’s and unrelated third parties’ digital and off-line social media, marketing and advertising properties. Normal internet access and device usage charges imposed by your mobile plan and/or on-line service may apply to entry via mobile device. For those entrants entering with a mobile device: Promotion may not be available via all mobile carriers. Messaging & data rates apply to internet access via mobile devices. Other charges may apply; check your mobile plan for rates/details.
LICENSE GRANT: At the time you submit an Entry, and whether or not selected as the winner, by entering this Promotion and providing Sponsor with the Entry and all user generated content therein (“UGC”), you grant Sponsor (its affiliates, related entities and authorized third-parties) a worldwide, royalty-free, perpetual, irrevocable, exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such Entry/UGC and any element thereof, in any media, form, format, or medium, of any kind now known or later developed for any purpose whatsoever, including but not limited to, marketing, advertising, and other commercial and non-commercial purposes using or incorporating such Entry/UGC information, and for any other purposes and/or uses whatsoever. You waive any moral rights you might have with respect to the Entry/UGC you provide to us. You also grant us the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication or entry you provide or otherwise submit to us. All rights in this paragraph are granted without the need for review or additional compensation of any sort to you. You further agree to execute all documents and perform all acts deemed necessary by Sponsor to protect Sponsor’s rights. You understand and agree by granting this license your Entry/UGC may be modified, edited, distorted, used in whole or in part, alone or in combination with other works, used in illusory or composite form, or in any other manner, as solely determined by Sponsor. You will not now nor in the future be paid for your Entry/UGC or for granting Sponsor any of these rights. The consideration for the rights granted to Sponsor herein is your opportunity to participate in the Promotion.
DRAWINGS/ODDS/WINNER SELECTION & NOTIFICATION: Weekly Drawings, per Sweepstakes: There will be weekly random drawings held on or approx. three (3) working days following the end of each week (12:00 am CT Monday through 11:59 pm CT last day of the same week, with the exception of the last week which will include 29th – 31st) through-out the Entry Period from all eligible Entries received up to that point in time to award lower level prizes only (First – Third Prizes) (each is a “week” for purposes of the Promotion). Non-winning Entries will carry over into subsequent weekly drawings within the same Sweepstakes Entry Period; but will not carry over into subsequent Sweepstakes. Monthly Drawing: A random drawing will be conducted on or approx. five (5) working days following the end of each Entry Period by Sponsor (or its authorized representative) to select the potential Grand Prize winner from among all eligible entries received during the applicable Sweepstakes Entry Period. Odds of winning a prize depend on the number of eligible Entries received for each applicable drawing during the applicable Entry Period. Sponsor or its authorized designee will notify the potential winner(s) via the social media platform or email provided with instructions on how to submit his/her name, email and/or physical address, phone number and any other required information in order for Sponsor to verify eligibility and deliver the prize. Potential winners must timely follow all instructions or else prize will be forfeited. Potential Grand Prize winners will be required to sign, have notarized and return an Affidavit of Eligibility and Liability/Publicity Release (except where prohibited) and any other requested documents (“Release Documents”) within the time specified by Sponsor, or prize will be forfeited in its entirety and awarded to (an) alternate winner(s). Travel companion of GP winners must be 18 or older (or have reached the age of majority in their state of legal residence) and will be required to sign, have notarized and return a Liability and Publicity Release within the time specified by Sponsor.
Promotion Entities are not responsible for any undelivered telephone calls, messages, e-mails, or any other communications, including but not limited to those that are not received because of the social media platforms’ or entrant’s privacy or spam filter settings that may divert any winner notification or other Promotion related e-mail to a spam or junk folder. Prize awards are subject to verification of eligibility and compliance with these Official Rules.
PRIZE(S)/APPROXIMATE RETAIL VALUE (“ARV”):
WEEKLY DRAWINGS PER SWEEPSTAKES:The following prizes will be available to be won in each week (defined above) of a Sweepstakes:
First Prizes (8):SPAM® Brand swag (such as a SPAM® Brand blanket, beach towel or jersey) ranging in ARV between $30- $60. Total ARV of all First Prizes, per Sweepstakes: up to $1,920.
Second Prizes (17):SPAM® Brand swag (such as a SPAM® Brand tank, shorts, or cap) ranging in ARV between $15- $30. Total ARV of all Second Prizes, per Sweepstakes: up to $2,040.
Third Prizes (25):SPAM® Brand swag (such as a SPAM® Brand t-shirt, cap, stress pig, or earrings, etc.) ranging in ARV $15 and under. Total ARV of all Third Prizes, per Sweepstakes: up to $1,500.
MONTHLY SWEEPSTAKES:The following Grand prize is available to be won in each Sweepstakes:
Grand Prize (1): a 4 day/3 night trip for winner and one (1) adult guest to Hawaii (ARV: up to $3,750). Package consists of: round trip air transportation for two people to/from major U.S. commercial airport near winner’s legal residence and Hawaii (up to max. value of $1,000); three (3) nights standard hotel accommodations (one room; double occupancy, room and tax only) (up to a max. value of $1,000); a $750 Visa® gift card for winner, to use towards ground transportation and other expenses; a Hawaii excursion for winner and guest (selected by winner from a list provided by Sponsor) (up to a max. value of $1,000).
Only if a Grand Prize winner is a legal resident of and currently physically residing in Hawaii, they will instead receive as the Grand Prize a 4 day/3 night trip to Las Vegas, NV. All other trip specifics are the same/similar as stated for the Hawaii trip.
Total ARV of all Prizes per Sweepstakes: $9,210.
Trip Specifics: ARV of any trip package may vary depending on the point, date and time of departure. Prize must be accepted as a whole, or will be forfeited in its entirety. If winner fails for any reason not to go on an excursion during the trip, that element of the prize will be forfeited in its entirety and will not be awarded as cash or otherwise. All travel arrangements must be made through a travel agent or entity selected by Sponsor. Trip must have been completed on or before May 1, 2018, or will be forfeited in its entirety. Winners will be responsible for all meals, ground transportation, excursions, gratuities, fuel, parking, beverages, telephone calls, baggage fees, gratuities and any other incidental costs or expenses not specifically stated herein. All trip components are subject to availability. Travel must originate and end at the same major gateway airport. Winners and guests, if applicable, will be required to provide valid government issued photo ID as required by travel authorities at time of travel, and to obtain and maintain all insurance (including car, health, liability and any other insurance). Winners acknowledge and agree that the Promotion Entities are not providers/carriers of transportation, or insurance providers. No changes will be made to travel details once any element(s) of the travel arrangements have been booked. Prize conditions may be added or modified by Sponsor or its designee. Promotion Entities are not responsible for any changes of any element of trip, nor are they liable for any expenses incurred as a consequence of flight changes, cancellation or delays. Sponsor will not replace any lost or stolen tickets, travel vouchers, debit/pre-paid cards, or certificates. Excursions are subject to the terms and conditions of organizer, including rain check/cancellation policies and procedures. Travel is subject to capacity controls, availability, and certain other restrictions, all of which are subject to change. Any unclaimed and/or unused element of the trip travel package, or any element thereof, will remain the property of Sponsor or its designee. The restrictions/conditions stated herein are not all-inclusive and the described above may be subject to additional restrictions/conditions, which may be stated in the Affidavit (as defined herein), and/or other required release and/or travel documents. Elements of the trip may require agreement to and execution of, separate releases for prize award/participation, in addition to the Affidavit/Release of Liability described herein. Failure to provide these documents, if required, will cause prize to be forfeited and awarded to an alternate winner. In the event any winner and/or guest engage(s) in behavior that, as determined by Sponsor (or its designee) in their absolute discretion, is obnoxious or threatening, dangerous, harmful, illegal or that is intended to annoy, abuse, threaten or harass any other person, or that is intended to or may cause property damage or loss, Sponsor reserves the right to terminate the trip or other applicable experience early, in whole or in part, and to send the winner (and guest(s)) home with no further compensation. Limit one (1) Grand prize per person/household address during the entire Promotion Period. Limit one (1) Weekly prize per person/household address, per Sweepstakes. Prizes within prize level will be randomly assigned by Sponsor. All federal, state and local taxes on a prize are the sole responsibility of a winner. SPAM® Brand swag prizes will be shipped to winner’s legal residence within the U.S. (at Sponsor’s expense) on or within approx. 4 – 6 weeks after verification. A winner is solely responsible for all liabilities, costs and expenses thereafter. Any difference in ARV and actual value will not be awarded in cash or otherwise. No transfer, assignment or substitution of a prize (in whole or in part) is allowed, except Sponsor reserves the right to substitute a prize with a comparable prize of equal or greater value. Prize is not redeemable for cash or otherwise. All costs, fees and expenses not expressly stated as being included herein are the sole cost and responsibility of winner.
In the event of noncompliance, if an entrant becomes noncompliant or ineligible during or after the Promotion Period, or a potential winner fails to respond within the time specified, or cannot be reached within two separate attempts using the contact method selected by Sponsor (in Sponsor’s discretion), that prize will be forfeited and an alternate potential winner may be selected at random for the applicable prize/level. A winner later found ineligible or non-compliant will be immediately required to return and forfeit any prize awarded. After one (1) unsuccessful attempt to verify an alternate winner for a Weekly prize, the Weekly prize will remain un-awarded. After three (3) unsuccessful attempts to verify an alternate Grand Prize winner the prize will remain un-awarded. Prize or prize notifications that are un-awarded, unclaimed, returned, unresponsive, untimely, or otherwise undeliverable will be forfeited and will not be re-awarded. There will not be a second-chance drawing. Any prize pictured in advertising or promotional materials is for illustrative purposes only and may not be the actual prize or have the same elements or features as the prize awarded. Except for any standard manufacturer’s warranty PRIZES ARE AWARDED “AS IS” WITHOUT WARRANTIES, EXPRESSED OR IMPLIED, AS TO THEIR QUALITY OR CONDITION AND PROMOTION ENTITIES EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Prize awards are subject to verification of eligibility and compliance with these Official Rules. Sponsor reserves the right, but without any obligation whatsoever, to conduct a voluntary background check on a potential winner, and such individual agrees to cooperate, to confirm eligibility and to help ensure that awarding a prize to any such individual will not bring the Promotion Entities into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Promotion, the Sponsor, prize suppliers, or their respective brands, goods or services, as determined by Sponsor in its absolute discretion.
GENERAL RELEASE: Failure to timely return or properly complete Release Documents, or if potential winner is or becomes ineligible or does not comply with these Official Rules, prize forfeiture will result and (an) alternate potential winner(s) may be selected as provided hereinabove. BY PARTICIPATING, ENTRANTS AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS TO THE FULLEST EXTENT PERMITTED BY LAW THE SPONSOR, ITS PARENT, AFFILIATES AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS, FACEBOOK, INSTAGRAM AND TWITTER (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, ACTIONS, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITAGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE OR LOSS), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING IN WHOLE OR IN PART FROM THE USE OF THE ENTRY IN WHOLE OR IN PART, THE DELIVERY, ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN ANY PRIZE RELATED ACTIVITIES, ACCESS TO ANY WEBSITES, AND/OR PARTICIPATION IN THIS PROMOTION OR ANY OTHER ELEMENT THEREOF. To the fullest extent permitted by law, entrants and winner(s) covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release. A waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision. Any invalid, illegal or unenforceable provision shall be deemed severed from these Rules only to the extent of its invalidity, illegality or unenforceability, and these Rules shall be construed and enforced as if they did not contain the stricken provision.
PUBLICITY RELEASE: By entering and/or accepting a prize, entrants and winners hereby consent, where lawful, to the use by Sponsor (and its authorized representatives) of their name, image, likeness, voice, hometown, and/or biographical information (including the right to edit, adapt, crop, and modify such information or use it in illustrative, or composite form, alone or in conjunction with other materials), in any and all media now known or hereafter developed worldwide, including and on cellular networks, the Internet and World Wide Web, without additional compensation, and without the right of review, notification or approval.
LIMITATIONS OF LIABILITY: IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS PROMOTION OR ANY ELEMENT THEREOF, PARTICIPATION IN ANY PROMOTION ACTIVITIES, PARTICIPATION IN PRIZE RELATED ACTIVITIES OR ANY ELEMENT THEREOF, THE PARTICIPATION IN/USE/MISUSE OF A PRIZE BY ANYONE, AND/OR DAMAGES ARISING OUT OF ANY PARTICIPANT’S ACCESS TO AND USE OF (OR FAILURE TO ACCESS OR USE) THE PROMOTIONAL WEBSITES, OR THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL DOWNLOADED FROM THE WEBSITE.
If, for any reason, this Promotion or any element thereof is not capable of running as planned by reason of, but not limited to, infection by computer virus, worms, bugs, tampering, unauthorized intervention, artifice, cheating or fraud, equipment, network or technical failures, or any other causes which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion or any element thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion or any element thereof and select the winner(s) for the applicable prize/prize level from eligible, non-suspect entries received prior to the action, or as otherwise may be deemed commercially reasonable, fair and equitable by Sponsor. Sponsor is not responsible for user cheating or fraud by any entrants. Any activities intended to disrupt or interfere with the proper play of the Promotion or defraud Sponsor in any way will be prosecuted to the fullest extent of the law. Participants who engage in any of the foregoing activities will be disqualified and will forfeit any prize won.
In the event that technological, programming, printing, erroneous communications, human or other error causes more than the stated number of winners/prizes as indicated in these Official Rules, to be communicated, sent as notifications, distributed, announced, claimed or received for any prize, Sponsor reserves the right, at its sole discretion, to award only the stated number and description of prizes pursuant to a random drawing among all eligible non-suspect claimants or as otherwise deemed commercially reasonable, fair and equitable by Sponsor. In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in any emails, announcements, advertising, brochures, Promotion materials and/or any other communications or information relating to this Promotion or any element thereof, these Official Rules shall govern.
FORCE MAJEURE: Promotion Entities shall not be liable to winners or any other person or entity for failure to execute this Promotion or any element thereof, or supply a prize or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, cyber-attacks, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, cancellation or delay of any trip element, event or excursion, or any similar or dissimilar event beyond their reasonable control.
CHOICE OF LAW/ARBITRATION:THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF MINNESOTA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, except where prohibited by law, entrants agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, exclusively before a neutral one person arbitration panel located in Austin, Minnesota having jurisdiction.
WINNER’S LIST: For names of winners of prizes over $25, contact Sponsor by mailing a self-addressed, sufficiently U.S. postage stamped envelope to: SPAM® Brand Sizzle To Win, Winner List Request, 3020 Carbon Place Suite 300, Boulder, CO 80301 for receipt by October 31, 2017. Limit one (1) request per person, or per household.
SPONSOR:Hormel Foods Sales LLC, 1 Hormel Place, Austin, MN 55912. SPAM® BRAND is a registered trademark of Hormel Foods, LLC.