Bush Brothers & Company – Bush’s Beautiful Bean Sweepstakes
BUSH’S BEAUTIFUL BEAN SWEEPSTAKESOFFICIAL RULES
NO PURCHASE NECESSARY. INTERNET ACCESS AND EITHER A PUBLIC INSTAGRAM OR PUBLIC TIKTOK ACCOUNT ARE REQUIRED TO ENTER VIA SOCIAL MEDIA. SWEEPSTAKES IS VOID OUTSIDE THE UNITED STATES, THE DISTRICT OF COLUMBIA AND WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATION.
BY SUBMITTING AN ENTRY, YOUR ENTRY MATERIALS, AS DEFINED BELOW, MAY BE INCLUDED IN SPONSOR’S COMMERCIAL MATERIAL IN ANY MEDIA, INCLUDING SPONSOR’S WEBSITE OR SOCIAL MEDIA PLATFORMS.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram or TikTok. By submitting an Entry, you understand that you are submitting your information to Sponsor. By entering the Sweepstakes, each Entrant (as defined below) waives, discharges and releases Instagram and TikTok from any and all liability associated with the Sweepstakes. Any questions, comments or complaints regarding the Sweepstakes must be directed to Sponsor and not to Instagram or TikTok.
SPONSOR: BUSH BROTHERS & COMPANY, 1016 East Weisgarber Road, Knoxville, TN 37909-2660 (the “Sponsor”).
ADMINISTRATOR: PCG365, LLC, P.O. Box 1008, Manhasset, NY 11030 (the “Administrator”).
TIMING: The Bush’s Beautiful Bean Sweepstakes (“Sweepstakes”) begins on or about 12:00:00 AM Central Time (“CT”) on February 21, 2023 and ends at 11:59:59 PM CT on March 14, 2023 (“Sweepstakes Period”).
TWO (2) WAYS TO ENTER: (A) VIA INSTAGRAM.COM OR TIKTOK.COM: Eligible Entrants have the opportunity to enter the Sweepstakes in up to two (2) ways:
VIA U.S. MAIL: To enter without posting a photograph or video, hand print your complete name, email address and the words “Bush’s Best” on a piece of paper and mail it in an envelope with sufficient First Class Postage to: Bush’s Beautiful Bean Sweepstakes, P.O. Box 1008, Manhasset, NY 11030 (individually defined as “Mailed Entry” and collectively defined as “Mailed Entries”, and collectively with the Social Media Entries, the “Entries”). All Mailed Entries must be postmarked by March 14, 2023 and received by March 21, 2023. Limit one (1) Mailed Entry per outer envelope.
All Entries must be in English. Any Social Media Entry that does not include the designated hashtag may be disqualified. Limit one (1) Entry per person regardless of the method of entry. For clarity, posting the same Entry on multiple Instagram and TikTok will only be counted as one (1) Entry. Entries will not be acknowledged or returned and the Sponsor has the right to dispose of the Social Media Entries and Mailed Entries at Sponsor’s sole discretion.
Sponsor is not responsible for any lost, late, misdirected, illegible, incomplete, mutilated, postage due or mechanically reproduced Entries or Entries that have been tampered with or not obtained through legitimate channels, all of which will be disqualified. Mechanically reproduced Entries or Entries generated or submitted with the use of a robotic, automated, macro, or script device, or other automated means or any other means intended to impact the integrity of the Sweepstakes as determined by Sponsor in Sponsor’ sole discretion may be disqualified. Use of automated entry or similar devices as defined herein but not limited to, aggregator sites and or provided links, or contracted services, which are used to participate, “game” or subvert the Entry process is prohibited and all postings submitted or otherwise effectuated through such devices are void and will not be honored in any way. Persons found tampering with or abusing any aspect of the Sweepstakes, or whom Sponsor believes to be causing malfunction, error, fraudulent activity of any kind, disruption or damage will be disqualified from the Sweepstakes. Sponsor is not responsible for illegible, incomplete or stolen Entries or Entries that are processed late or are lost, stolen or deleted due to computer or electronic malfunction or other error. By submitting an Entry, each Entrant agrees to abide by the terms of these Official Rules. Sponsor will not assume responsibility for any third party’s failure to act in accordance with its instructions pertaining to Sweepstakes implementation.
Entries submitted by any Entrant who does not meet the eligibility requirements (including all requirements with respect to age and residence), as determined by Sponsor in its sole discretion, may be disqualified. By participating in the Sweepstakes, each entrant contact (as defined below) unconditionally accepts and agrees to comply with, be bound by and abide by these Official Rules, and the decisions of the Sponsor and/or the Administrator, whose decisions shall be final and legally binding in all respects.
Use of a mobile device to participate in this Sweepstakes is not required. If you use a mobile device to post a Social Media Entry, message and data rates may apply, and Entrants will be solely responsible for any and all applicable charges. Please consult your wireless-service provider regarding its pricing plans.
ENTRY RESTRICTIONS: Entries must comply with the following requirements (the “Entry Restrictions”): (i) other than music obtained through the TikTok or Instagram service, each Entry must be the submitting Entrant’s original, previously unpublished work and not feature or focus on any copyrighted material, logos or trademarks that are owned by third parties (except for those of Sponsor as they appear on Sponsor’s products); (ii) the Entrant should either be the only person who appears in the Entry or, if anyone else appears in the video, the entrant must obtain written permission from that person or those people to include them in the video, and if Sponsor asks to see the written permissions, the Entrant must provide them upon request (in the event an entrant cannot provide permissions that are satisfactory to Sponsor, in its sole and absolute discretion, Sponsor reserves the right to disqualify the applicable Entry, or seek to secure the releases and clearances for Sponsor’s own benefit, or otherwise allow the applicable Entry to remain in the Sweepstakes); and (iii) the Entry must not include images that are deemed by the Sponsor to be obscene, pornographic, libelous or otherwise objectionable.
WINNER SELECTION: RANDOM DRAWING/ODDS OF WINNING: Up to Three (3) prize winners (each a “Grand Prize Winner”) will be selected in a random drawing from among all eligible Social Media Entries and Mailed Entries received during the Sweepstakes Period. The random drawing will be conducted on or about March 23, 2023. Odds of winning depend upon the total number of eligible Entries received. The random drawing will be conducted by the Administrator using randomization methods determined by the Administrator in its sole discretion. Entries are subject to verification of eligibility and compliance with the terms of these Official Rules. All prizes may not be awarded in the event an insufficient number of eligible Social Media Entries and Mailed Entries are received. If there is a dispute regarding the identity of a Grand Prize Winner, the registered account holder of the social media account or email account used to submit a winning Entry will be deemed the Grand Prize Winner, subject to such owner’s compliance with the Official Rules.
PRIZE WINNER NOTIFICATION: Receiving a prize is contingent upon compliance with these Official Rules. Sponsor will attempt to notify the selected Grand Prize Winners by direct message in the social media site or email account used for Entry on or about March 23, 2023. The Sweepstakes Entities shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. Time is of the essence in awarding each prize. If, despite reasonable efforts, a potential winner does not respond within forty-eight (48) hours of the first notification attempt, or if the prize or winner notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Administrator may successively attempt to contact up to two (2) potential winner(s) of an applicable prize in accordance with such procedure, and if there is still no confirmed winner(s) of such applicable prize after such attempts have been made, if any, the corresponding prize may go unawarded.
THREE (3) GRAND PRIZES: Each Grand Prize Winner will receive (i) one (1) check made payable to the Winner’s order in the amount of ten thousand dollars ($10,000.00); and (ii) Bush’s Beans product designated by Sponsor valued at up to three hundred dollars ($300.00) (i and ii, “Grand Prize”). The approximate retail value (“ARV”) of each Grand Prize: up to $10,300. The total ARV of all Prizes: up to $30,900. Sponsor will have no further obligation to any Winner who forfeited his/her prize and will not replace any forfeited prize or prize element. No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason. Applicable portions of the Grand Prize will be delivered only to an address in the United States.
GENERAL PRIZE CONDITIONS: Prizes will be awarded only if each potential prize winner fully complies with these Official Rules. All portions of the prize(s) are non-assignable and non-transferable. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Sweepstakes materials are for illustrative purposes only. Actual prize(s) may vary from the prize(s) pictured. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. No cash alternative or substitution of the prize(s) will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason. Each prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Sponsor may, in its sole discretion, deduct or withhold the amount of applicable tax on any cash or cash equivalent prize. The Sponsor will issue and file an IRS Form 1099 or equivalent tax withholding documentation for the retail value of any prize or other items of value transferred to each prize winner by the Sponsor in accordance with IRS requirements, and the Sponsor may also share such documentation with a state or local government agency as required by law. Refusal or failure of each prize winner to satisfy the requirements of all necessary and appropriate tax, withholding or other required compliance terms (including Social Security number, IRS Form W8BEN, IRS Form W9, or equivalent information), as determined by the Sponsor in its sole discretion, may result in each prize winner forfeiting the prize(s) and an alternate potential winner may be selected in accordance with these Official Rules. Sponsor will award prizes subject to any applicable withholding taxes, and the amount of the prize transferred, as reduced by any applicable withholding taxes, will constitute full payment of the prize, as applicable. Each potential winner will be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”).
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
GENERAL CONDITIONS/LIABILITY RELEASE/FORCE MAJEURE: Each Entrant agrees that the Sweepstakes Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from Entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. The Sweepstakes Entities assume no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, the Sweepstakes Entities are not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due Entries or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple Entries will be accepted. If a dispute as to the identity of the individual who actually submitted an Entry cannot be resolved to Sponsor’s satisfaction, the affected Entry may be deemed ineligible. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event an insufficient number of eligible Entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, windstorm, epidemic, pandemic, public health crisis, disease, virus, sickness or outbreak or other similar or dissimilar natural disaster; act of God or public enemy; riot or civil disturbance, act of any government or governmental authority, power failure, satellite or equipment failure, failure of telecommunications lines or failure or breakdown of plant, machinery or vehicles operated by a third party; labor dispute, strike, or lockout; actual or threat of war, armed conflict, terrorist attacks, war (declared, undeclared or threatened), explosion, nuclear, or chemical or biological contamination; or a government imposed travel ban, restriction on movement or gatherings, or other government imposed mandate of any kind, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor reserves the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor may (if possible) select the winner(s) in a random drawing from all eligible, non-suspect Entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
ARBITRATION PROVISION: By participating in this Sweepstakes, each entrant (and any minor entrant’s parent or legal guardian) agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Sweepstakes Entities relating to, arising out of or connected in any way with (a) the Sweepstakes, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Nassau County, NY; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Sweepstakes; (v) the arbitrator shall apply Illinois law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
RIGHTS IN ENTRIES: For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each Entrant hereby irrevocably grants to the Sweepstakes Entities, and their successors, licensees and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, publicly display, stream, exploit, make derivative works of and otherwise use the Entry, in whole or in part, for any purpose, including without limitation commercial purposes, in any and all media now or hereafter devised throughout the universe in perpetuity. The Sweepstakes Entities shall have the right, in their sole discretion, to edit, composite, morph, scan, duplicate, or alter the Entry for any purpose which the Sweepstakes Entities deem necessary or desirable, and each Entrant irrevocably waives any and all so-called “moral rights” they may have therein. The Sweepstakes Entities shall retain the rights granted in each Entry even if the Entry is disqualified or fails to meet the Entry Restrictions or even it if it determined that the Entrant who made the Entry is ineligible to enter the Sweepstakes.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each Entrant represents and warrants as follows: (i) the Entry does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; (ii) the Entry meets the Entry Restrictions, and does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each Entrant agrees to indemnify the Sweepstakes Entities and hold them harmless from and against any and all third party claims, liability, judgments, losses, damages, costs, and expenses, including penalties, interest and reasonable outside attorney’s fees and costs in the defense and disposition of such matters arising out of, resulting from, based upon or incurred because of a breach or allegation that, if true, would constitute a breach by entrant of his or her representations, warranties, covenants or obligations hereunder, including, without limitation, any action or statement made by entrant while participating in the Sweepstakes.
PUBLICITY RELEASE: Without in any way limiting the rights granted in the Entry as set forth above, and except where prohibited by law, acceptance of a prize constitutes winner’s permission for the Sweepstakes Entities to use each winner’s Entry (if applicable) and his or her name, social media handle, photograph, likeness, voice, biographical information, statements and address (city and state) in and in connection with advertising, marketing, promotional, and/or publicity purposes for the Sweepstakes, Sweepstakes Entities, and all uses of the Entry permitted herein, worldwide and in all forms of media and by any and all means and media now known or hereafter developed, in perpetuity, without any obligation, notice, or further compensation to the winners.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant hereby acknowledges and agrees that the relationship between the entrant and the Sweepstakes Entities is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to provide the Entry to Sponsor for purposes of the Sweepstakes does not place the Sweepstakes Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Entry. Each Entrant understands and acknowledges that the Sweepstakes Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to the Sweepstakes Entities or being developed by their own employees. Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to the Entry and/or each other in theme, idea, plot, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Sweepstakes Entity’s use of any such similar or identical material. Each Entrant acknowledges and agrees that the Sweepstakes Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Entry. Finally, each Entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Sweepstakes Entity’s actual or alleged exploitation or use of any Entry or other material submitted in connection with the Sweepstakes, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief and Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
NO OBLIGATION TO USE: The Sweepstakes Entities shall have no obligation (express or implied) to use any Entry, or to otherwise exploit any Entry or, if commenced, to continue the distribution or exploitation thereof, and the Sweepstakes Entities may at any time abandon the use of the Entry for any reason, with or without legal justification or excuse, and Entrants shall not be entitled to any damages or other relief by reason thereof.
FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments from the Entrant(s), or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each Entrant agrees to sign the same upon Sponsor’s request therefor.
SOCIAL NETWORK RELEASE AND DISCLAIMER. Each Entrant acknowledges and agrees that this Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram or TikTok. By entering the Sweepstakes each Entrant hereby releases and agrees to hold harmless each of Instagram and TikTok completely from any liability in respect of the Sweepstakes. Any questions, comments or complaints regarding the Sweepstakes will be directed to the Sweepstakes Entities and not Instagram or TikTok.
WINNERS LIST: To obtain a list of Grand Prize Winners, available after April 17, 2023, send a self-addressed stamped envelope with proper First Class Postage affixed to: Bush’s Beautiful Bean Sweepstakes Winners List, P.O. Box 1008, Manhasset, NY 11030. Requests must be received by May 31, 2023. VT residents do not need to affix return First Class Postage. The Winners List will be available after all Grand Prize Winners have been verified.