Bush Brothers & Company – Bush’s Chili Commissioner Contest Sweepstakes

NO PURCHASE NECESSARY. INTERNET ACCESS IS REQUIRED TO ENTER. CONTEST 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, AS WELL AS AT SPONSOR’S WEBSITE OR SOCIAL MEDIA PLATFORMS.

SPONSOR:: BUSH BROTHERS & COMPANY, 1016 East Weisgarber Road, Knoxville, TN 37909-2660 (the “Sponsor”).

ADMINISTRATOR: Zeno Group, Inc., 130 East Randolph Street, Chicago, IL 60601 (the “Administrator”)

TIMING: The Bush’s Chili Commission Contest (“Contest”) begins on or about 12:00:00 AM Central Daylight Savings Time (“CDT”) on October 13, 2022 and ends at 11:59:59 PM Central Standard Time (“CST”) on November 8, 2022 (“Contest Period”).
Eligibility: This Contest is open to legal residents of the fifty (50) United States and the District of Columbia who are at least twenty-one (21) years of age or older and who are not: (i) subject to an acting, modeling or any other contract that would make his/her appearance in any materials created hereunder a violation of any third-party rights; or (ii) under any other contractual relationship, including but not limited to any guild or union memberships, that would in any way limit or impair Sponsor’s ability to display or use his/her Entry, name, likeness or any materials that he/she has created for the Contest or as a result of winning the Contest, in any media form, in perpetuity on a royalty-free basis, without any payment of fee obligations of any kind at the time of entry (individually defined as “Entrant” and collectively defined as “Entrants”). Employees, officers, and directors of Sponsor, Administrator and each of their parent and affiliated companies, subsidiaries, distributors, retailers, dealers, sales representatives, their advertising and promotion agencies, and any and all other companies associated with the Contest (collectively, the “Contest Entities”), and each of their immediate family members and/or people living in the same household are not eligible to participate. Any person who has been convicted in a court of law or entered a plea of guilty or no contest to any felony or any crime involving moral turpitude, dishonesty or theft within the 10-year period prior to October 13, 2022 will not be eligible to enter or win a prize. All eligibility is subject to all federal, state and local laws and regulations. All entries submitted are the property of the Sponsor. Sponsor’s database clock will be the timekeeper for this Contest.

HOW TO ENTER: To participate, go to www.bushschilicommissioner.com and complete the Entry form as directed by submitting (i) Your complete name, email address, telephone number that you frequently use, your birth date and state of residence; (ii) Tell us about your favorite chili recipe in one hundred (100) words or less; (iii) Prepare an essay in one hundred words or less answering the following question: “It’s almost game time and your tailgate party’s energy is dying out. How do you pump up the crowd?” (iv) Tell us what is your favorite Bush’s Chili Beans in the drop down menu that appears on the Application; (v) Tell us how often you purchase Bush’s Chili Beans in the drop down menu that appears on the Application; and (vi) Create one (1) video up to fifteen seconds (:15) that tells us why you should be the first Bush’s Chili Commissioner (i, ii, iii, iv, v, and vi, individually defined as “Entry” and collectively defined as “Entries”). All Entries must be in English and all Entries must be no more than 300MB in size and submitted in one of the following formats: .MP4, MOV, .MPG or .M4V. Limit one (1) Entry per person.
If the Entry features any person other than the Entrant, Entrant must ensure that such person is informed that the material will be used for the purposes of this Contest and obtain their consent to such use (or if such person is a minor, the consent of their parent or guardian). Sponsor may ask for evidence of any such consent and reserves the right to disqualify any Entry if such evidence is not provided or if Sponsor has reasonable doubts about its adequacy. Please do not include any logos or images in the Entry (other than Sponsor’s) unless you have obtained all of the rights necessary to permit you to use same in connection with your Entry and grant the rights herein granted to Sponsor and Administrator. No mechanically or programmatically reproduced Entries are permitted. Sponsor and Administrator will not verify receipt of Entries for Entrants. Entries submitted by Entrant who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Entrants recognize that Bush’s Chili Commissioner is a promotional title and they are not applying for employment with Sponsor and the winner will not be employed by Sponsor or entitled to any employment benefits.
ENTRY RESTRICTIONS: Entries may not contain, as determined by Sponsor’s sole discretion, any Entry that:
Is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious,
professional or age group; profane or pornographic; obscene or offensive;

Feature celebrities or public figures;

Promotes irresponsible or excessive consumption of alcohol; promotes illegal drugs or the use of legal cannabis or psislocybin mushrooms, tobacco, firearms/weapons, or any particular political agenda or message;
Defames, misrepresents or contains disparaging remarks about other people or companies;
Contains trademarks, trade names or copyrighted materials owned by others, except those owned by Sponsor
for which Sponsor has provided Entrant a limited license to use as it relates to this Contest;
Contains any personal identification, such as license plate numbers, personal names (other than first name), email or street address;
Communicates messages inconsistent with the positive and family friendly images and/or goodwill to which Sponsor wishes to associate;
Contains competitive products of Sponsor;
Violates any law or infringes upon the rights of any other person or company;

By entering the Contest and submitting an Entry, each Entrant grants Sponsor and the Contest Entities (1) a worldwide, irrevocable, exclusive, assignable, transferable, unqualified, unrestricted, paid up royalty-free license and right to edit, modify, publish, use, reuse, distribute, display, copy and otherwise exploit the Entry or any part thereof (with or without the entrant’s name and city/state), and any materials based thereon or derived therefrom, in any manner and in any media (whether now known or later developed), for any lawful purposes whatsoever (noncommercial or commercial), including, without limitation, for use in the commercial packaging, production of any merchandise to be sold commercially and point-of-sale materials, or for promotion, marketing or advertising of Sponsor, or any Contest Entity, each of their respective brands and/or products in any medium (whether now or hereafter known) throughout the world in perpetuity without further permission, notification, consideration, or payment to the Entrant, except where prohibited by law. This license expressly includes a right (but not the obligation) for Sponsor to modify the Entry, or to remove any third-party intellectual property. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Entry for any purpose which Sponsor deem(s) necessary or desirable, and Entrant irrevocably waives any and all so-called moral rights they may have therein; By submitting and Entry, each Entrant: (1) warrants and represents that the Entry is entirely the original creation/work of the Entrant and that use of the Entry as described herein will not violate any law or infringe upon the rights, title, claim or interest of any third party; (2) certifies that the Entrant is the creator and sole copyright owner of the Entry; (3) the Entry has not been previously published, and has not won previous awards, does not incorporate any material owned by any third party; and (4) the use of the Entry as described herein will not violate any law or infringe upon the rights of any third party. If, in the sole discretion of Sponsor, the Entry violates any law or infringes upon the rights of any third party, is inaccurate, incomplete or irregular in any way, or otherwise does not comply with these Official Rules or is deemed inappropriate, the Sponsor may disqualify the Entry. By participating in the Contest, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules, the Sponsor’s Privacy Policy applicable to this Contest available at https://www.bushsbeans.com/en_US/privacy-policy, and the decisions of the Sponsor and/or the Administrator, whose decisions shall be final and legally binding in all respects. In addition, each Entrant forever waives in favor of Sponsor all rights of attribution, integrity, “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that may be construed to preclude the use of the Entry (or any part thereof) as granted herein or require Entrant’s permission to use the Entry (or any part thereof) for the purposes stated herein. Sponsor reserves the right to request releases from any third parties appearing in any Entries or any further releases, which may be required from Entrant. Failure to produce third party releases upon Sponsor’s request may result in disqualification, as determined by Sponsor, is its sole and absolute discretion.
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 Contest, or whom Sponsor believes to be causing malfunction, error, fraudulent activity of any kind, disruption or damage will be disqualified from the Contest. Sponsor reserves the right to void any Entry that is posted through robotic, automatic, mechanical, programmed or similar duplication method, or posted through any third-party website, and to disqualify any Entrant using such a method. Sponsor is not responsible for any lost, late, stolen, delayed, illegible, incomplete, mutilated, mis-addressed or misdirected Entries. Incomplete, inaccurate, unintelligible or late Entries submitted which otherwise do not comply with these Official Rules will be deemed void. All Entries become the property of the Sponsor and will not be acknowledged or returned and Sponsor reserves the right to dispose these Entries at its sole discretion. Submission of your Entry and constitutes your consent to participate in this Contest and your consent for Sponsor to contact you for the purpose of administering this Contest and for other uses by Sponsor as permitted by these Official Rules and by applicable law.
The Contest Entities are not responsible for any problems or technical, hardware, or software malfunctions of any network or telephone lines, failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this Contest, computer online systems, servers or providers, computer or other electronic equipment, software, failure of any e-mail or Entry to be received by the Sponsor due to technical problems, human error or traffic congestion, unavailable network connections on the Internet, or any combination thereof, including, without limitation, any injury or damage to Entrant or any other person’s computer or other electronic device relating to or resulting from participating in this Contest or uploading/downloading any materials in connection with this Contest. By submitting an Entry, each Entrant agrees to abide by the terms of these Official Rules.
BY ENTERING THIS CONTEST AND SUBMITTING AN ENTRY, YOUR ENTRY MATERIALS AS DEFINED HEREIN, MAY BE INCLUDED IN SPONSOR’S COMMERCIAL MATERIAL, AS WELL AS AT SPONSOR’S WEBSITE OR SOCIAL MEDIA PLATFORMS AT ITS SOLE DISCRETION. Sponsor has no obligation to use or post any Entry submitted by any Entrant. The use of an Entry by Sponsor or any Contest Entity does not have any effect on the winner selection process.
Use of a mobile device to participate in this Contest is not required. If you use a mobile device to post an 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.
DIGITAL MILLENNIUM COPYRIGHT ACT: Once an Entry is submitted into the Contest, any such posting will be deemed made at the direction of the Entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. EACH ENTRANT REPRESENTS, UNDERSTANDS AND ACKNOWLEDGES THAT HE/SHE WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY (OTHER THAN THE PRIZE STATED HEREIN IF SELECTED AS A PRIZE WINNER) IN EXCHANGE FOR GRANTING SPONSOR THE NON-EXCLUSIVE LICENSE RIGHTS OR FOR ANY SUBSEQUENT USE OF SUCH ENTRY BY SPONSOR. If requested, Entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights Entrant is granting to use the Entry.
JUDGING CRITERIA/DETERMINATION OF BUSH’S CHILI COMMISSIONER (“GRAND PRIZE WINNER”): All Entries will first be screened to ensure they meet the Entry requirements. Entries will be judged by the Sponsor and Administrator (collectively, “Judges”) and one (1) Grand Prize Winner will be determined based upon the highest point total awarded using the following criteria: (i) Originality/Creativity (0-25 points); (ii) Demonstrates why he/she should be selected as the First Bush’s Chili Commissioner (0-25 points); and (iii) Optimism, Enthusiasm and Character of the Entrant presented in the video (0-50 points) (i, ii and iii, collectively “Judging Criteria”). The Entry that earns the highest score based on the Judging Criteria stated herein will be deemed the Grand Prize Winner. Decisions of the Judges will be final and binding on all matters. In the event of a tie, the tied Entry that earned the highest number of points based on the Optimism, Enthusiasm and Character of the Entrant presented in the Video criteria will be deemed the Grand Prize Winner. In the event an insufficient number of Entries are received (as determined by the Sponsor in its sole discretion), this Contest, at the sole discretion of the Sponsor, may be cancelled or the Sponsor may take such other actions as it deems reasonable in the circumstances.
GRAND PRIZE WINNER VERIFICATION: Receiving a prize is contingent upon compliance with these Official Rules and verification of potential winner. Sponsor will attempt to notify the potential Grand Prize Winner by the email submitted at the time of Entry on or about November 14, 2022. Grand Prize Winner will be required to sign and return a Declaration of Compliance or similar documentation and where permitted, a Publicity Release, which must be received by Administrator by November 16, 2022, in order to claim the prize. Non-compliance with any of these Official Rules may result in disqualification. The Grand Prize Winner will be disqualified if (i) the prize winner notification is returned as undeliverable; (ii) the signed Declaration of Compliance is not received by Sponsor in a timely manner; (iii) the Prize Winner is ineligible; (iv), the Prize Winner declines his/her prize; or (v) if the Grand Prize Winner cannot travel on dates designated herein or otherwise serve in the role of Chili Commissioner. If the Grand Prize Winner is disqualified, the Grand Prize will be awarded to the next highest scoring Entry. Sponsor is not responsible for fraudulent calls or emails made to Entrant not by Sponsor, or for any change of Entrant’s email address submitted at the time of Entry. Grand Prize Winner must agree to a criminal background investigation during the Prize Winner notification process. In the event the criminal background investigation consists of any criminal record, and/or a social media review indicates inappropriate content as set forth in these Official Rules, the Sponsor reserves the right, at its sole discretion, to disqualify the Grand Prize Winner.
Grand Prize Winner agrees that the Contest Entities may irrevocably use the Grand Prize Winner’s name, voice, city/state of residence, essay, video, biographical information, photograph and/or other visual likeness for advertising and/or trade purposes and/or for any other purpose in any media or format including but not limited to Sponsor’s websites, social media platforms and any all media now or hereafter known without further compensation (financial or otherwise), permission or notification, and agrees to participate in any and all publicity and promotional activities as designated by Sponsor (except where prohibited by law) in connection with this Contest and the role of Chili Commissioner. In the event a selected Grand Prize Winner’s personal social media content contains misleading claims about Sponsor and its products or services, that defames, misrepresents or contains disparaging remarks about Sponsor, its products or services, or other people or companies; or communicates any message or image that is inconsistent with Sponsor’s positive image and/or good will with which Sponsor wishes to associate or contains content that violates any rule, law or regulation, the Sponsor reserves the right, at its sole discretion, to disqualify the Grand Prize Winner. By signing and returning the Declaration of Compliance and Publicity Release (where permitted), Grand Prize Winner agrees that he/she will keep his/her prize winning status confidential and will not communicate or announce the prize winning status with any individual, media, or networking service until authorized by Sponsor. In the event the Grand Prize Winner communicates or announces the prize winning status publicly as stated herein before Sponsor authorization, such Grand Prize Winner may be disqualified and the next highest scoring Entry may be deemed the Grand Prize Winner.
ONE (1) GRAND PRIZE: The Grand Prize consists of (i) one (1) twenty thousand dollars ($20,000) check made payable to the Grand Prize Winner upon satisfactory completion of Grand Prize Functions (as defined below); (ii) one (1) trip for Grand Prize Winner and one (1) guest to Atlanta, Georgia consisting of round trip economy class air transportation between major commercial airport nearest Grand Prize Winner’s residence and Atlanta, GA; two (2) nights hotel accommodations at a hotel designated by Sponsor (one (1) standard double occupancy room and tax only); two (2) tickets to the SEC Championship Game scheduled on Saturday, December 3, 2022; one (1) $250 American Express Gift Card to be used towards meals and ground transportation while in Atlanta, GA; and one (1) Meet and Greet Session with Brian Baumgartner (hereinafter, “Event”) and (iii) thirty-six (36) cans of Bush’s Chili Beans designated by Sponsor (i, ii and iii, “Grand Prize”). The approximate retail value of the Grand Prize: $25,000. In the event, for whatever reason, the SEC Championship Game scheduled on December 3, 2022 and/or the Meet and Greet session with Brian Baumgartner is not available or cancelled, that/these portion(s) of the Grand Prize will not be provided and no additional compensation will be provided in lieu of the cancelled element of the Event portion of the Grand Prize.
Grand Prize Winner must agree to depart on December 2, 2022 and return on December 4, 2022 as designated by Sponsor (“Designated Travel Dates”) and agree to the following functions during the Designated Travel Dates; (i) participate in the Meet and Greet session with Brian Baumgartner and in interviews; (ii) collaborate on an official “Tailgate Chili of Champions” recipe; (iii) participate as a “Co-host” of Bush’s SEC Championship Game tailgate event alongside Brian Baumgartner; and (iv) participate in a Chili Cookoff against Brian Baumgartner (i, ii, iii and iv, individually defined as “Grand Prize Function” and collectively defined as, “Grand Prize Functions”). Grand Prize Winner must agree to not performing any Grand Prize Function or Grand Prize Functions as stated herein or promote or endorse a competitive brand for a least one (1) year from the Designated Travel Dates. In the event the Grand Prize Winner cannot travel on Designated Travel Dates and/or does not agree to participate in any Grand Prize Function or all of the Grand Prize Functions stated herein, the Grand Prize Winner will be disqualified, and the next highest scoring Entry may be deemed the Grand Prize Winner. Failure to perform Grand Prize Functions will result in, Sponsor’s sole discretion, in the forfeiture of the Grand Prize. These Official Rules do not constitute an employment offer or employment agreement. Grand Prize Winner agrees to enter into an independent contractor agreement requiring performance of the Grand Prize Functions and compliance with the Official Rules.
The specifics of all elements of the Grand Prize stated herein shall be solely determined by Sponsor. Sponsor will have no further obligation to Grand Prize Winner who forfeited his/her prize and will not replace any forfeited prize. No transfer or assignment of Grand Prize permitted. Cash substitution is not allowed. Grand Prize Winner is solely responsible for all taxes on the Grand Prize as applicable. Grand Prize Winner will be required to provide Social Security number to Sponsor or its designated agent for tax reporting purposes and will be issued a 1099 form for the value of the prize. Grand Prize Winner is solely responsible for any and all expenses and incidental travel costs not expressly stated in the Grand Prize Trip description herein, including but not limited to, ground transportation between winner’s residence and airport of departure, ground transportation in Atlanta, GA, in-room hotel charges (e.g., mini-bar, room service, telephone, movies, etc.), gratuities, souvenirs, insurance, travel upgrades, baggage fees, and personal incidentals. Grand Prize Winner will be required to provide a valid credit card or debit card at the time of hotel check-in and will be solely responsible for any and all charges to winner’s hotel room during his/her Trip. All Grand Prize Trip details not specified in the Official Rules will be determined in Sponsor’s sole and absolute discretion. Selection of airline and departure airport are solely within Sponsor’s sole discretion. Grand Prize Winner is responsible for any air travel taxes and/or expenses, including applicable departure taxes or fees, and security charges. Once issued, airline tickets are nontransferable and may not be reissued. Travel arrangements must be made through Sponsor and travel dates and arrangements are subject to air travel, availability and other prize and travel restrictions. All Grand Prize travel elements must be redeemed at the same time. The actual value of the Grand Prize may vary based on various factors, including fluctuations in price for airfare and/or accommodations, and distance between the point of departure and the destination. In the event the Grand Prize Winner resides within one hundred twenty (120) miles from Atlanta, GA, Grand Prize Winner will be provided with round-trip ground transportation between Grand Prize Winner’s residence and Atlanta, GA; and no compensation will be provided in lieu of the difference in value between the round-trip ground transportation and round-trip air transportation. Grand Prize Trip may be subject to certain other restrictions, including without limitation blackout dates, availability, capacity controls, and other restrictions. Dates Travel Dates are subject to change. Sponsor will attempt to accommodate Grand Prize Winner’s preferred itinerary, but all itineraries and specifics thereof will be at Sponsor’s sole discretion. No changes to travel arrangements will be permitted once any element of the Grand Prize-related travel is booked. Sponsor will not replace any lost or stolen tickets, travel vouchers, or certificates once delivered to the Grand Prize Winner. Seating at the SEC Championship Game is designated by Sponsor. Travel is subject to any additional terms and conditions set forth in these Official Rules and those set for by Sponsor’s air travel and lodging prize suppliers, availability may vary, and material restrictions may apply. Airline tickets issued in conjunction with the Grand Prize are not eligible for upgrades, frequent flyer miles, or any other promotional benefit. No stopovers are permitted on Grand Prize-related tickets; if a stopover occurs, any outstanding portions of the Grand Prize will immediately terminate and Grand Prize Winner will be charged the full fare for the remaining trip segment, including return travel. No refund or compensation will be made if a flight is canceled or delayed. Any unclaimed and/or unused portion of the Grand Prize will be forfeited upon travel completion and will remain the property of Sponsor. Guest must be available to travel on the same itinerary on the Designated Travel Dates and must be at least 21 years of age or older; unless the Grand Prize Winner is the guest’s parent or legal guardian. Grand Prize Winner will not be awarded additional compensation if winner travels without an eligible Guest. Grand Prize Winner and his/her Guest must have a valid U.S. Government issued Identification in order to travel. Sponsor and Travel Providers shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations to passengers, such as changes in services or accommodations necessitated by same. Sponsor and Travel Providers shall not be liable for any loss or damage to baggage or other items. If the Grand Prize Winner is unable to or cannot otherwise fully enjoy the Grand Prize due to any reason, Sponsor shall have the option at its sole discretion of being relieved of liability for fulfillment of the Grand Prize award, and no other compensation in lieu of the Grand Prize will be awarded. All travel is subject to any and all restrictions instituted by the Department of Defense and/or Department of Homeland Security, The Centers for Disease Control and federal, state and local health departments, as required and if borders are closed due to COVID/any pandemic, Sponsor is not responsible. All travelers must agree to abide by the latest travel guidelines/requirements at time of travel. All travelers must also pass any required medical testing (at their own expense) and comply with any additional requirements, at any time, that may be required or recommended by any government agency, airline, or Sponsor, including without limitation, passing one or more COVID-19 antigen and screening tests, and testing negative for COVID-19 or having been vaccinated and boosted against COVID-19. Travelers may also be required to execute any assumption of risk and/or other documents relating to COVID-19 or he/she may not be permitted to travel. Sponsor, Sweepstakes Administrator and the Released Entities are not responsible for any theft, personal injury, illness and/or death that could take place during the Grand Prize Trip, including but not limited to exposure to viruses associated with the COVID-19 pandemic and other communicable diseases. Grand Prize Winner and his/her Guest are responsible for obtaining their own medical and life insurance and the associated costs. During the Event, if the Grand Prize Winner and/or Guest engages or has engaged in behavior that is obnoxious, threatening, disruptive, inappropriate, illegal, or acts with the intent to annoy, abuse, threaten, or harass any other person, as determined by Sponsor in its sole discretion, Sponsor reserves the right to remove the Grand Prize Winner and his/her Guest from the Event and to immediately terminate any outstanding portion of the Grand Prize without further compensation.
GENERAL CONDITIONS:Except as otherwise provided in these Official Rules or prohibited by law, by entering this Contest, each Entrant and Prize Winner: (1) agrees to release Sponsor from any and all liability for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death (except where caused by negligence) arising out of participating in this Contest, or the acceptance, possession, use or misuse of any prize and claims based on publicity rights, defamation or invasion of privacy and merchandise delivery; and (2) acknowledges that Sponsor has neither made nor are responsible or liable for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition, or fitness for a particular purpose. In the event of a dispute as to the identity or eligibility of an Entrant based on a social media account, the Grand Prize Winning Entry will be declared made by the “Authorized Account Holder” of the social media account at time of entry. “Authorized Account Holder” is defined as the natural person who is the age of the majority within the jurisdiction from which they reside and is assigned to the social media account by the social media site. Sponsor may ask any Entrant or the prize winner to provide Sponsor with proof that such party is the Authorized Account Holder of the social media account associated with the Entry. All disputes and claims arising out of or relating to the Contest shall be determined according to the laws of Tennessee without regard to its conflict of law principles and all Entrants’ and prize winners’ consent to the personal jurisdiction of the federal and state courts located in Knox County in the State of Tennessee and agree that such courts have exclusive jurisdiction over all such disputes. All causes of action arising out of or in connection with any Contest shall be resolved individually without resort to any form of class action litigation and any and all claims, judgments and awards shall be limited to actual out of pocket expenses incurred.
LIABILITY & RELEASE:Except as otherwise provided in these Official Rules or prohibited by law, by participating in this Contest, each Entrant and Prize Winner agrees to release and hold harmless Sponsor from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize hereunder, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage due, misdirected, or undeliverable mail; (e) errors in the administration of the Contest or the processing of Entries; or (f) injury or death to a person(s) (except where caused by negligence) or damage to property which may be result, directly or indirectly, in whole or in part, from Entrant’s or Prize Winner’s participation in the Contest or Prize Winner’s receipt, acceptance, use &/or enjoyment of any prize. Except as otherwise provided in these Official Rules or prohibited by law, by entering the Contest, each Entrant and Prize Winner agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with the Contest, shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out‑of‑pocket costs incurred, including costs associated with applying for the Contest, but in no event will attorneys’ fees be awarded or recoverable; and (iii) under no circumstances will any Entrant or Prize Winner be permitted to obtain any award for, and each Entrant and Prize Winner hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out‑of‑pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. Except as otherwise provided in these Official Rules or prohibited by law, Sponsor is not responsible for any typographical or other error in the printing of this Contest, the administration of the Contest or in the announcement of any Prize Winner, including such error as may give an erroneous indication that a prize has been won. Except as otherwise provided in these Official Rules or prohibited by law, by participating in the Contest and submitting an Entry, each Entrant and Prize Winner agrees to defend, indemnify and hold harmless the Sponsor from and against any and all claims, demands, liability, damages or causes of action (however named or described) losses, costs or expenses, with respect to or arising out of or related to Entrant’s and Prize Winner’s participation in the Contest. In the event the integrity and/or feasibility of the Contest is undermined by any event including but not limited to fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s control (each a “Force Majeure” event), the Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Contest without notice or further obligation. If the Sponsor, in its discretion, elects to abbreviate, cancel or terminate the Contest as a result of a Force Majeure event, the Sponsor reserves the right, but shall have no obligation, to distribute the prizes among all non-suspect, eligible Entrants received up to the time of such Force Majeure event. ANY ATTEMPT BY ANY PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THESE PROVISIONS.
Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Entrants and prize winners acknowledge that the releases herein are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
PERSONALLY IDENTIFIABLE INFORMATION/PERSONAL DATA:Entering into this Contest constitutes your consent for Sponsor to obtain and deliver your name, e-mail address and other information to the Administrator for the purpose of administering this Contest and for other uses by Sponsor as permitted by applicable law, including future use in marketing or advertising communications of Sponsor, or any Contest Entity, each of their respective brands and/or products in any medium (whether now or hereafter known) throughout the world in perpetuity without further permission, notification, consideration, or payment to the Entrant or Prize Winner, except where prohibited by law. Entrant information provided to Administrator will solely be used by Administrator in process of determining winners for this Contest.
USE OF DATA: Any personally identifiable information collected from Entrants and prize winners in the Contest will be collected by Sponsor or its designee and used by the Contest Entities and their affiliates, designees, agents and marketers for purposes of the proper administration of the Contest as described in these Official Rules and in accordance with Sponsor’s Privacy Policy as stated at https://www.bushbeans.com/en_US/privacy-policy.
NAME OF WINNER:For the name of the Grand Prize Winner, available after December 3, 2022, send a self-addressed stamped envelope with proper postage affixed to: Bush’s Chili Commissioner Contest Winners List, P.O. Box 1008, Manhasset, NY 11030. Requests must be received by December 31, 2022. Name of Grand Prize Winner will be available after the Grand Prize Winner has been verified.
MISCELLANEOUS:The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on any website, social media platform or application and/or the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
VOID WHERE PROHIBITED