Brunckhorst – Boar’s Head Homegating – Win for a Big Game “Homegating” party

Boar’s Head Homegating Sweepstakes Draft Official Rules 12/21/2018 P. 1/5
THE FOLLOWING PROMOTION IS INTENDED FOR VIEWING AND PARTICIPATION IN THE 50
UNITED STATES AND D.C. ONLY (EXCLUDING, WITHOUT LIMITATION, THE STATE OF
NORTH DAKOTA AND All US TERRITORIES EXCEPT PUERTO RICO) AND SHALL ONLY BE
CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW AND AMERICAN
ENGLISH. YOU MUST BE AT LEAST 18 AND THE AGE OF MAJORITY IN YOUR STATE OF
RESIDENCE OR OLDER TO ENTER. INTERNET ACCESS AND A VALID EMAIL ADDRESS
REQUIRED.
Boar’s Head “Homegating” 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”) January 2, 2019
(“Sweepstakes-Start”) to 11:59:59 PM (“ET”) January 17, 2019 (“Sweepstakes-End”).
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 U.S.A (excluding the State of North Dakota) and Puerto Rico,
18 years of age or older and the age of majority in their state of residence 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. 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 Co-Administrators are
“Administrators”, and Administrators collectively with Sponsor are “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. Void where prohibited.
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
Http://boarshead.com/homegating and follow the on-screen instructions to enter
your first and last name, a valid, working email address for which you are the
authorized user and your zip code and submit during the Sweepstakes Period to
receive one (1) entry into the Sweepstakes. Limit one (1) entry per person/email
address during the Sweepstakes Period. Entries must be made by an individual
Boar’s Head Homegating Sweepstakes Official Rules 12/21/2018 P. 2/5
from a stand-alone computer device and may not be made by proxy or any
electronic/automated means such as 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.
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 WINNER. “Authorized user” is defined as the natural person
who is assigned an email address by an Internet mail provider, 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. In the case of a dispute regarding who submitted
a particular online entry, the entry will be deemed submitted by the Authorized user
of the email account. By entering this Sweepstakes, you agree to receive
marketing e-mails from Sponsor about its products and/or services. You may
unsubscribe from receiving these emails at any time by following the directions
at the bottom of each email.
4 Winner Selection: One (1) Grand Prize potential winner will be chosen in a
random drawing on or about January 18, 2019 from all eligible entries received
during the Sweepstakes Period. The winner will be notified by email within one
(1) business day after the selection is made. It is an entrant’s responsibility to
keep his/her email address current and to monitor it. It is a potential winner’s
responsibility to respond to an email message notification within one (1)
business day of email send-time with all requested information. Potential
winner will be sent an Affidavit of Eligibility, Liability and (where legal) Publicity
Release which s/he will be required to execute and return via fax or scan within
two (2) business days of date on email notification. Failure to do so will indicate
definitively that the prize has been declined and will automatically result in
forfeiture of the prize for all time and, without further notice, another potential
winner will be chosen in another random drawing. Sponsor and/orr Administrators
are notresponsible 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. Should a greater number of prize claims
be received because of printing, emailing, phoning, messaging, programming errors
or for any reason whatsoever, only the prizes and the values stated in these Official
Boar’s Head Homegating Sweepstakes Official Rules 12/21/2018 P. 3/5
Rules will be awarded in the sole discretion of the Sponsor and Administrators
according to these Official Rules.
5 Prizes, Approximate Retail Value (“ARV”) and Odds: (1) Grand Prize: The ARV for
a Big Game “Homegating” party. The prize will be awarded as check for $1,000
payable to the Grand Prize winner. ARV: $1,000. Odds of winning the Grand Prize:
Dependent on the total number of eligible, Sweepstakes Entries received during the
Sweepstakes Period. All taxes are the winner’s responsibility and an IRS form
#1099 will be sent to the Grand Prize winner for $1,000 for the year 2019. 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 the Grand 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 will automaticallydisqualify
winner.
6 General: By participating in this Sweepstakes, you agree to be bound by these
Official Rules. Sweepstakes administration will be supervised by the 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 and/or the Administrators, concerning any aspect of the Sweepstakes.
Sponsor and -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/Administrators who
enter incorrect information into any of Sponsor’s computer systems or by force
majeure. Sponsor reserves the right to cancel, terminate, modify or suspend the
Sweepstakes if in Sponsor’s sole determination it believes 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 Sponsor’s control. Should the sweepstakes be canceled or
terminated, the Grand Prize winner will be chosen from all non-suspect entries
received prior to the cancellation/termination date; no further prizes will be
awarded. Sponsor reserves the right to disqualify any entry from the Sweepstakes if
in Sponsor’s sole judgment it suspects 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/Administrators, if it is suspected that
an entrant : (i) has attempted 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
Boar’s Head Homegating Sweepstakes Official Rules 12/21/2018 P. 4/5
terms and conditions of these Official Rules. Only the prize and the value listed in
the Official Rules shall be awarded.
7 By entering this Sweepstakes, you explicitly agree to forever and irrevocably release,
defend, indemnify and hold harmless the Sweepstakes Entities and Sponsor’s distributors
and retailers, and their respective 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 prizes and any elements thereof; 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. Prizewinners waive 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 attorney’s
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 Sponsor is 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, Sponsor reserves 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. Sponsor’s failure to enforce any term/provision of these
Official Rules shall not constitute a waiver of that provision.
9 Except where prohibited by law, by entering the Sweepstakes, and as a condition of
winning the prize, your acceptance of the prize means and shall be deemed to mean
that 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 and agree that if you are chosen as a winner, your identifying
information (except address, email address or phone number) may be disclosed to
third parties including, without limitation, being placed on a winners’ list.
10 As a condition of participating in this Sweepstakes, Entrant agrees that any and all
disputes, claims and causes of action arising out of or connected with this
Sweepstakes or the prize awarded and all issues and questions concerning the
validity, interpretation and enforceability of these Official Rules shall be resolved
individually, without resort to any form of class action, and exclusively in a court of
competent jurisdiction in New York County, New York and all entrants agree to New
York County as the venue for any legal action without regard to conflict of laws
doctrine. Any and all claims, judgments and awards shall be limited to actual out-
Boar’s Head Homegating Sweepstakes Official Rules 12/21/2018 P. 5/5
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. Some jurisdictions will not recognize the exclusive
jurisdiction of the Courts of New York and/or do not allow the limitation or
exclusion of liability for incidental or consequential damages, so the above may not
apply to you.
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.
12 All entries submitted become the property of Sponsor and none will be
acknowledged or returned. Sponsor and Administrators collect and use personal
information from you when you enter the Sweepstakes. The information collected is
subject to the Sponsor’s Privacy Policy, which can be found by clicking Privacy Policy
on https://boarshead.com/about privacy and Administrators’ Privacy Policies found
at http://themarketingagency.com/html/privacyPolicy.html and
https://madebymode.com/privacy-policy. By participating in the Sweepstakes,
entrants hereby acknowledge that they have read and accepted
Sponsor’s/Administrators’ Privacy Policies.
13 For a Winners List —available on or about January 30, 2019, send a self addressed,
adequately stamped, #10, business envelope to Winner — Boar’s Head
“Homegateing” Sweepstakes,” c/o The Marketing Agency, 2881 East Oakland Park
Blvd., Suite 425, Fort Lauderdale, FL 33306 to be received by January 30, 2019. No
mechanically reproduced or photocopied requests allowed; only one (1) request per
outer mailing envelope. 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 34236 and administered by The Marketing Agency, 2881 East
Oakland Park Blvd., Suite 425, Fort Lauderdale, FL 33306.
All trademarks are the property of their respective owners. © 2019, The Marketing Agency