Cracker Barrel – Employee Appreciation’s On Us Giveaway Contest Sweepstakes
Cracker Barrel Employee Appreciation’s On Us Giveaway
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IN-CREASE YOUR CHANCES OF WINNING.
The Cracker Barrel Employee Appreciation’s On Us Giveaway (the “Contest”) is open only to legal residents of the fifty (50) United States in which a Cracker Barrel Old Country Store® restaurant is located (excluding Alaska, Hawaii, Vermont, Washington, Wyoming and District of Columbia), who are at least eighteen (18) years old at the time of entry. Employees of Cracker Barrel Old Country Store, Inc., Launchfire Interactive, Inc., or any of their respective parent companies, affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Contest and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Contest is subject to all applicable federal, state and local laws and regulations. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor and Administrator
Sponsor: Cracker Barrel Old Country Store, Inc., 305 Hartmann Drive, Lebanon, Tenn. 37087.Administrator: Launchfire Interactive, Inc., 22 Hamilton Ave N, Ottawa ON, K1Y 1B6 Canada.
The Contest begins on January 31, 2022 at 12:00 a.m. Central Time (“CT”) and ends on February 18, 2022 at 11:59 p.m. CT (the “Contest Period”). Administrator’s computer is the official time keeping de-vice for this Contest.
4. How to Register and Make a Contest Submission
During the Contest Period go to https://employeeappreciation.crackerbarrel.com (the “Site”) where you will be required to register by providing your full name, email address, zip code, create a password and accept the Official Rules. Registration is free. Use of disposable email addresses is not permitted. At registration you will need to write a brief story and tell us why your team deserves to be cared for and celebrated with a special employee appreciation lunch on us (the “Submission”). The Submission must be 800 characters or less.
Limit of one (1) Submission per person during the Contest Period. You are not permitted to share the same email address with another entrant. Use of any automated system to enter is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, or misdirected entries all of which will be ineligible to win a prize. In the event of a dispute as to any entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder to be awarded the prize.
5. Submission Requirements
The Submission must comply with the following requirements: (i) other than the Sponsor, its products, brands and/or logos, the Submission may not contain, mention, depict, refer or otherwise allude to the name, logo or product of any other retailer, manufacturer, brand, product, store, place of business, person, company or character in such a way or manner as to imply an affiliation with, or endorsement of, the Sponsor, its products, brands and/or this Contest; (ii) the Submission must be entrant’s own original work, created solely by entrant and not created professionally; must not have won any award; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity; (iii) the Submission may not contain, mention, refer or otherwise allude to any material that is violent, lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, racially or morally offensive or otherwise contain inappropriate content or objectionable material; (iv) the Submission cannot promote alcohol, illegal drugs or tobacco, fire-arms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any political agenda or message; (v) the Submission cannot in any manner defame, misrepresent, contain disparaging remarks or reflect negatively about Sponsor, its products, or other people, products or companies or their products, or in any way reflect negatively upon such parties or explicitly or implicitly communicate messages or images inconsistent with the positive images and/or goodwill with which Sponsor wishes to be associated, as determined by Sponsor in its sole discretion; (vi) the Submission cannot contain any personal identification, such as personal names, email addresses or street addresses, without express permission of Sponsor; (vii) the Submission cannot itself be in violation of any law; and (viii) the Submission must otherwise be in compliance with these Official Rules. Sponsor reserves the right, in its sole discretion, to disqualify any Submission that Sponsor believes, in its sole discretion, does not comply with or is in violation of these Official Rules or that otherwise contains prohibited or inappropriate content.
6. Grant of Rights
By uploading any Submission for this Contest, each entrant hereby grants to the Sponsor the exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly per-form, publish, delete or display such Submission, or any portion thereof, in any media now known or hereafter devised. Each entrant authorizes the Sponsor, and any entities affiliated or in privity with the Sponsor, to utilize, for eternity and in any manner the Sponsor sees fit, and to make derivative works of such materials. Each entrant agrees that the results and proceeds of such use shall become the property of the Sponsor and shall be freely assignable by the Sponsor, and that the Sponsor and its assignees and licensees shall have no obligations whatsoever to entrant. Each entrant agrees and acknowledges that participation in the Contest shall not give rise to any confidential, fiduciary, implied-in-fact, implied in law, or other special relationship between the Sponsor and entrant, does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements to the entrant’s Submission, and that only contracts, express or implied, between the Sponsor and entrant is as set forth in these Official Rules and the release forms.
7. Representations and Warranties/Indemnification
Each person who makes a Contest Submission represents and warrants as follows: (i) entrant has obtained any and all necessary permissions required to submit the Submission and for Sponsor’s right to use the Submission for any purpose, including the consent of any identifiable third person(s) appearing in the Submission, and entrant can and will make written copies of such permissions available to Sponsor upon request; (ii) the Submission is owned by entrant; (iii) the Submission is wholly original with entrant and, as of the date of submission, the Submission is not the subject of any actual or threatened litigation or claim; (iv) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity, including, but not limited to, rights of privacy and publicity; and (v) the Submission does not and will not violate any applicable laws, and is not and will not be considered defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Sponsor, Administrator and their subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
8. Contest Winner Determination
On or about February 25, 2022 a panel of qualified judges determined by Sponsor in its sole discretion will select the fifteen (15) best Submissions from among all eligible Submissions based on an application of the two following criteria:
Creativity and Originality (50%)
Descriptive Language (50%)
The ten (10) entrants whose Submissions score the highest will be the grand prize winners. The remaining five (5) entrants whose Submissions next score the highest will be secondary prize winners.
In the event of any tie the Submission that received the higher score in the “Creativity and Originality” criteria, as determined by the qualified judges in their sole discretion, will be selected from among the tied entrants as the potential prize winner. Odds of winning depend on the number of eligible entries received and the quality of each Submission. Limit of one prize per person for the Contest.
The selected entrants will be contacted using the email address provided with their registration (as determined in Sponsor’s discretion) and may be awarded a Prize (each, a “Potential Winner”, subject to verification of eligibility and compliance with the terms of these Official Rules). Potential Winners will be notified approximately one (1) day after the Contest judging is complete. Failure by an entrant to respond to the initial verification contact within two (2) days of notification or return of e-mail notification as undeliverable after three (3) attempts may, in Sponsor’s sole discretion, result in disqualification and Administrator or Sponsor may select an alternate winner in the same manner. If any 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 winner will be disqualified, and an alternate winner will be selected. Odds of winning a Prize depend on the number of eligible entries received.
9. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. No more than the stated number of prizes will be awarded.
10. Verification of Potential Winners
Potential winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Potential winners may be required to sign and return to Sponsor an affidavit of eligibility, and liability/publicity release (except where prohibited) in order to claim his/her prize if applicable. Winner will be required to complete and deliver to Sponsor a completed W-9. If a potential winner of any prize cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. If the potential winner of the prize cannot be contacted or a prize is returned as undeliverable, the prize will be forfeited.
There are fifteen (15) Prizes available to be won.
Approximate Retail Value of Each
Grand Prize Pack:
Catering for 50 people, awarded as $575 catering credit at Cracker Barrel
$250 gift card for retail store purchases
50 Peg Games (retail value: $3.99 each)
Secondary Prize Pack:
25 Peg Games
25 Mini Checkers Games
25 Brand Mugs
25 Bags CBOCS Coffee – Regular
25 Boxes CBOCS Peanut Brittle
105 Thin Sticks
For all Prizes: All prizes are awarded “AS IS.” Neither Sponsor nor Sponsor Affiliates make or offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Contest or any prize. Prize details and availability are subject to change, in which case a prize of equal value may be substituted at Sponsor’s sole discretion. No cash equivalent for the prize, prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the listed prize for one of equal or greater value for any reason. Winner is responsible for all fees associated with prize receipt and/or use. All federal, state, and local tax liabilities, as well as any other costs and expenses not specified herein as being awarded are the sole responsibility of the Winner. Prize will be awarded only if the potential Prize Winner fully complies with these Official Rules. Total ARV of all Prizes is $14,563.75.
12. Entry Conditions and Release
By entering, each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Contest; (b) release and hold harmless the Sponsor, and its respective parents, subsidiaries, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Contest, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Sponsor from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an entrant’s participation in the Contest and/or entrant’s acceptance, use or misuse of prize.
Except where prohibited, participation in the Contest constitutes winner consent to Sponsor’s and its agents’ use of winner’s name, identity, place of employment, title/position, social media username, hometown and state of residence, title, likeness, distinctive appearance, physical likeness, image, portrait, picture, photograph (whether still or moving), screen persona, voice, vocal style, statement, opinion, gesture, mannerism, personality, performance characteristic, biographical data, signature, and any other indicia or imitation of identity or likeness for any purpose (including, without limitation, promotional purposes) in any media throughout the world, without further payment or consideration.
14. General Conditions
Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prize at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be 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 that provision. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural per-son assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder.
15. Limitations of Liability
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) technical or human error which may occur in the administration of the Contest or the processing of entries; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest, provided that if it is not possible to award another entry due to discontinuance of the Contest, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance the prize offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, non-awarded, eligible prize claims. Disposable email addresses cannot be used for Contest registration.
Except where prohibited, entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest or any Prize(s) awarded shall be resolved individually, with-out resort to any form of class action, and exclusively by the United States District Court for the Southern District of New York or the appropriate New York State Court located in New York County, New York; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys’ fees. All is-sues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor or Administrator in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
17. Entrant’s Information
18. Winner List
Winners list requests will only be accepted after the end of the Contest Entry Period and no later than April 30, 2022. For a Winners list, email your request to email@example.com with the following subject line “Winners List – Cracker Barrel Employee Appreciation’s On Us Giveaway”.