Frank Brunckhorst – Boar’s Head 12 Days Of Giving – Win date

12 Days of Giving Sweepstakes 2022 Draft Official Rules P. 1/6
THE FOLLOWING PROMOTION IS INTENDED FOR VIEWING AND PARTICIPATION IN THE 50
UNITED STATES INCLUDING D.C. AND PUERTO RICO ONLY (EXCLUDING, WITHOUT
LIMITATION All US TERRITORIES AND EXTERNAL COMMONWEALTHS OTHER THAN PUERTO
RICO) AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES
LAW AND AMERICAN ENGLISH. YOU MUST BE 18 AND THE AGE OF MAJORITY IN YOUR
STATE OF RESIDENCE OR OLDER TO ENTER. INTERNET ACCESS AND A VALID EMAIL
ADDRESS REQUIRED. THESE OFFICIAL RULES INCLUDE A BINDING ARBITRATION PROVISION
FOR ANY DISPUTES RELATED TO THE SWEEPSTAKES—SEE SECTION 11 FOR MORE DETAILS.
VOID OUTSIDE THE UNITED STATES AND WHERE PROHIBITED.
Boar’s Head® “12 Days of Giving” Sweepstakes (the “Sweepstakes”)
Official Rules
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE
YOUR CHANCES OF WINNING A PRIZE.
1 Entry Period: The “Sweepstakes Period” begins at 10:00:01 AM Eastern Time (“ET”) on
December 1, 2022 (“Sweepstakes-Start”) and ends at 11:59:59 PM (“ET”) December 12,
2022 (“Sweepstakes-End”). Sponsor’s computer is the official timekeeping device for the
Sweepstakes.
2 Eligibility: No purchase necessary to enter or win. This Sweepstakes is open only to
legal residents of the 50 United States (including D.C.) and Puerto Rico, who are at least 18
years of age or older and have reached the age of majority in their state of residence (19
in Alabama and Nebraska; 21 in Mississippi) as of date of entry. If you have an APO or FPO
mailing address, you must identify your state of permanent residence. The Sweepstakes is
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 the same
household of any employees, officers, directors, distributors, retail partners, agents, or
representatives of Frank Brunckhorst Co., LLC (“Sponsor”) or its advertising and promotion
agencies including Mode, LLC. (“Co-Administrator”) and TMACO, LLC d/b/a The Marketing
Agency (“Co-Administrator”) (collectively the “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.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules
and Sponsor’s decisions and interpretations of these Official Rules, which are final and
binding in all matters related to the Sweepstakes.
3 How to Enter: There are 12 individual drawings that correspond with the 12
consecutive days of the Sweepstakes Period (each, an “Applicable Drawing”). You must
register for each Applicable Drawing on the “Entry Date” listed in the table in Section 5
below. Entries are not rolled over to subsequent Applicable Drawings. You must enter
individually for each Applicable Drawing of the 12 days of the Sweepstakes. Registration
for the first Applicable Drawing beings at 10:00:01 AM ET on December 1, 2022 and ends
at 11:59:59 PM ET on that same day. Registration for each Applicable Drawing thereafter
begins at 12:00:01 AM ET and ends at 11:59:59 PM ET on that same day. To register for
each Applicable Drawing, go to boarshead.com/12daysofgiving (“Website”) and submit
your First and Last Name, the Zip code where you live and an active, working email
address for which you are the authorized user. You must also agree to and accept the
terms of these Official Rules. Upon submitting the required information, you will
automatically receive one (1) entry for the Applicable Drawing (“Entry”).
LIMIT ONE (1) ENTRY PER PERSON AND/OR EMAIL ADDRESS FOR EACH APPLICABLE
DRAWING.
You must supply an accurate, functioning email address, for which you are the authorized
email user as that is how you will be notified if you have been selected as a potential prize
12 Days of Giving Sweepstakes 2022 Draft Official Rules P. 2/6
winner. It is an entrant’s responsibility to keep his/her email address current and to
monitor that account. The Sweepstakes Entities are not responsible 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. All entries must be made by an individual from a stand-alone computer device
including mobile* and may not be made by proxy or any electronic/automated means such
as, without limitation, 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. Only one (1)
entrant per email address. All discovered entries made in violation of these rules will be
disqualified.
*Message and data rates, wireless Internet access charges and
perhaps other fees may apply to the use of mobile devices for
Sweepstakes entry. You may be charged by your wireless carrier
for participating via mobile device. It is therefore 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.
An “authorized email user” is defined as the natural person who is assigned an email
address by an online email service, 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 account holder of the email address account submitted on the entry form.
The information you provide will only be used for the purposes of administering this
Sweepstakes. You will be given a separate opportunity to opt-in to receive emails with
recipes and specials.
4 Winner Selection: A total of twelve (12) potential prize winners will be selected at
random from among all eligible entries received for the Applicable Drawings, in
accordance with the table in Section 5 below. One (1) potential prize winner will be
selected for each Applicable Drawing, with the selection taking place on or about three (3)
business days after the applicable entry date. Potential prize winners will be notified within
approximately three (3) business days after the selection is made via email to the email
address submitted during entry. The potential prize winners will have five (5) business
days from the date the winner notification is sent to reply, agreeing to accept the prize,
providing all contact information requested by Sponsor or Co-Administrators and, except
where prohibited by law, submit a signed Affidavit of Eligibility and Liability and Publicity
Release that will be emailed to the potential winner by the Co-Administrators for prizes
valued over $600. Said affidavit must be returned to the Co-Administrators according to
their directions within five (5) business days of the affidavit being sent. Failure to provide
the information or documentation requested above in the allotted time will signify to
Sponsor and Co-Administrators that the prize has been declined and forfeited for all time
and another potential prize winner may be chosen in a random drawing from among all
remaining eligible entries received for the Applicable Drawing in Sponsor’s sole discretion.
All prizes will be awarded if claimed properly. Limit one (1) prize per person/email address
for this Sweepstakes.
5 Prizes, Approximate Retail Value (“ARV”) and Odds: One (1) prize, as stipulated below,
will be awarded per Applicable Drawing date. In addition, a $100 Visa® Reward Card
subject to its terms and conditions will be awarded to each prizewinner, for a total of
twelve (12) Sweepstakes prizes as follows:
Applicable
Drawing
Entry Date
Applicable Drawing Prize ARV Approx.
Selection
Date
12/1/2022 All Clad® d5 Stainless Steel 12-in Nonstick Fry Pan $150 12/6/2022
12/2/2022 Williams Sonoma Goldtouch® Pro Nonstick Bake
Set
$130 12/7/2022
12/3/2022 Williams Sonoma® Olivewood Extra Large $140 12/7/2022
12 Days of Giving Sweepstakes 2022 Draft Official Rules P. 3/6
Rectangular Cheese Board
12/4/2022 Staub® Rustic Ceramic Baker, 4.75 qt $80 12/7/2022
12/5/2022 All Clad® Essentials Nonstick Saucepans, Set of 2 $130 12/8/2022
12/6/2022 Smeg® Hand Mixer $180 12/9/2022
12/7/2022 Nambé® 3 Piece Hostess Set and Le Creuset®
Cruet
$120 12/12/2022
12/8/2022 Williams Sonoma® Brass Serving Tray $160 12/13/2022
12/9/2022 Smeg® Toaster $200 12/14/2022
12/10/2022 Le Creuset® Deep Square Baker $115 12/14/2022
12/11/2022 Two (2) Williams Sonoma® Marble Cheese Boards $120 12/14/2022
12/12/2022 Mauviel® Copper Try-Ply Roasting Pan and
Ruffoni® 6 Piece Olivewood Set with Crock
$600 12/15/2022
Odds of winning any prize: Depend on the number of eligible Entries received for each
Applicable Drawing. Should the value of any prize be less than the ARV stated above, the
difference will not be awarded in cash or kind. All costs and expenses associated with the
acceptance and use of a prize not specified herein as being awarded, including, but not
limited to, all federal, state and local taxes and other miscellaneous expenses are the
winner’s sole responsibility. Prizes are awarded “as is” with no warranty or guarantee,
either expressed or implied (including, without limitation, quality, merchantability and
fitness for a particular purpose) in connection with this Sweepstakes or any prize. Prize
cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor
reserves the right to substitute a prize with one of equal or greater value in its sole
discretion. Under no circumstances will more than the advertised number of prizes be
awarded. In the event that a potential winner of a Sweepstakes prize is disqualified for any
reason, Sponsor will not be obligated to award a prize. Sponsor will not replace any lost or
stolen prizes.
POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE
FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT
A WINNER OF ANY PRIZE, EVEN IF THE SWEEPSTAKES SHOULD SO INDICATE, UNLESS AND
UNTIL ENTRANT’S ELIGIBILITY (WHICH MEANS FULL COMPLIANCE WITH THE TERMS AND
CONDITIONS OF THESE OFFICIAL RULES) HAS BEEN VERIFIED AND ENTRANT HAS BEEN
NOTIFIED THAT VERIFICATION IS COMPLETE.
6 General: By participating in this Sweepstakes, you agree to be bound by these Official
Rules. No participant or potential winner shall have the right to contest any decision by
Sponsor or the Co-Administrators concerning any aspect of the Sweepstakes. Sponsor and
Co-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 entering incorrect information into any of Sponsor’s computer systems or by
force majeure including illness and epidemics. Sponsor reserves the right to cancel,
terminate, modify or suspend the Sweepstakes and rescind any prize 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 including illness and epidemics or any other cause.
Should the Sweepstakes be canceled/terminated during the Sweepstakes Period, winners
will be selected up to the day of cancellation/termination in random drawings from among
all eligible, non-suspect daily entries. No other daily 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
12 Days of Giving Sweepstakes 2022 Draft Official Rules P. 4/6
of Sponsor, if Sponsor suspects than an entrant has attempted: (i) 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 terms and conditions of these Official Rules. Only the
prizes and the values listed in the Official Rules shall be awarded. Should a greater number
of prize claims than those specified in these Official Rules be received because of printing,
emailing or programming errors or for any reason whatsoever, only the number of prizes
stated in these Official Rules and their values will be awarded in random drawings or at the
discretion of the Co-Administrators.
7 Limitations of Liability and Releases: Sponsor, together with its respective affiliates and
related companies, including without limitation its parent, sister and subsidiary
companies, retailers, franchisees, advertising and promotion agencies, suppliers of
material and services related to the Sweepstakes, and any other corporation, partnership,
sole proprietorship or other legal entity directly involved in the Sweepstakes, including
Co-Administrators, and each of their respective owners, officers, directors, employees,
agents, and other representatives (collectively, the “Released Parties”) 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, including express warranties
provided exclusively by a supplier that may be sent along with a prize, and are not
responsible for: (1) 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 Sweepstakes; (2) technical failures of any kind, including, but not limited to
malfunctions, interruptions, or disconnections in phone lines or network hardware or
software; (3) unauthorized human intervention in any part of the entry process or the
Sweepstakes; or (4) technical or human error which may occur in the administration of the
Sweepstakes or the processing of entries.
BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT THE RELEASED PARTIES
WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS
AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO
PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE
OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE
OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES
RELATED ACTIVITY, INCLUDING ACCESS TO AND USE OF SPONSOR’S WEBSITE, THE
DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE, OR
ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR
MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THE
SWEEPSTAKES CANNOT OPERATE AS PLANNED OR ANY PRIZE CANNOT BE AWARDED DUE
TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, ACTUAL OR THREATENED PUBLIC
HEALTH CRISES (INCLUDING, WITHOUT LIMITATION, ILLNESS, EPIDEMICS AND PANDEMICS
AND GOVERNMENT DIRECTIVES RELATED THERETO), WEATHER, OR TERRORISM.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES,
INCLUDING THE WEBSITE AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-
INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED
WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE
LIMITATIONS OR EXCLUSIONS.
8 WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO
DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR
UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF
CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES
THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST
EXTENT PERMITTED BY LAW.
9 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
12 Days of Giving Sweepstakes 2022 Draft Official Rules P. 5/6
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 of these Official Rules shall not constitute a waiver of
that provision. All taxes are winners’ responsibility and a 2022 or 2023 IRS form 1099 will
be sent to any winner of a prize valued at retail above $600 and a copy will be sent to the
IRS.
10 PUBLICITY RELEASE: EXCEPT WHERE PROHIBITED BY LAW, WINNERS GRANT TO
SWEEPSTAKES ENTITIES (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF
THE APPLICABLE SWEEPSTAKES ENTITY), THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES,
RETAILERS, DISTRIBUTORS, ADVERTISING AND SWEEPSTAKES AGENCIES, SUPPLIERS, AND
THOSE ACTING PURSUANT TO THEIR AUTHORITY, THE RIGHT AND PERMISSION TO PRINT,
PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER
DEVELOPED, INCLUDING, BUT NOT LIMITED TO, THE WORLD WIDE WEB, AT ANY TIME OR
TIMES, EACH WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL
INFORMATION (EXCEPT HOME ADDRESS, PHONE NUMBER OR EMAIL ADDRESS) FOR
ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT
OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL
CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
11 DISPUTES: AS A CONDITION OF PARTICIPATING IN THIS SWEEPSTAKES, YOU AGREE
TO BINDING ARBITRATION. BY AGREEING TO ARBITRATION, PARTICIPANTS
UNDERSTAND AND AGREE THAT THEY ARE WAIVING THEIR RIGHT TO SUE IN COURT.
PARTICIPANT AGREES THAT: (I) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT
OF OR RELATING TO THE SWEEPSTAKES, OR ANY PRIZE AWARDED, SHALL BE
RESOLVED INDIVIDUALLY — WITHOUT RESORT TO ANY FORM OF CLASS ACTION —
BY BINDING ARBITRATION (BY A SINGLE NEUTRAL ARBITRATOR SELECTED BY SPONSOR
IN ITS SOLE AND ABSOLUTE DISCRETION) ADMINISTERED BY THE AMERICAN
ARBITRATION ASSOCIATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION
RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES
(THE “AAA RULES”) THEN IN EFFECT; (II) ANY ARBITRATION SHALL BE HEARD BY ONE
ARBITRATOR TO BE SELECTED IN ACCORDANCE WITH THE AAA RULES, IN NEW YORK,
NY; (III) UNLESS BOTH PARTICIPANT AND SPONSOR AGREE IN WRITING, THE
ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY
NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE
PROCEEDING; AND (IV) JUDGMENT UPON ANY AWARD RENDERED MAY BE ENTERED IN
ANY COURT HAVING JURISDICTION THEREOF. To the extent permitted by applicable law,
any and all claims, judgments and awards shall be limited to actual out-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.
12 The Sweepstakes Entities and Sponsor’s distributors and retailers shall not be
responsible for technical, pictorial, typographical or editorial errors or omissions on the
Website, any marketing materials, these or the abbreviated Official Rules or for the failure
to post all relevant Sweepstakes point-of-purchase materials. Should there be a
discrepancy in fact or interpretation between these Official Rules and any advertising or
marketing materials including the entry website, these Official Rules shall prevail.
13 Privacy: All entries submitted become the property of Sponsor and none will be
acknowledged. Sponsor and Co-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 www.boarshead.com, and
Co-Administrators’ Privacy Policies found at
www.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/Co-Administrators’
privacy policies.
14 For a Winners List—available on or about January 30, 2023 send a hand-printed, self-
addressed, adequately stamped, #10, business envelope to Winner — “12 Days of Giving”
12 Days of Giving Sweepstakes 2022 Draft Official Rules P. 6/6
c/o The Marketing Agency, 2881 East Oakland Park Blvd., Suite 425, Fort Lauderdale, FL
33306 to be received by January 30, 2023. 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 disqualified.
15 Sponsor/Co-Administrators: This Sweepstakes is sponsored by Frank Brunckhorst Co.,
LLC, 1819 Main Street, Suite 800, Sarasota, FL 34236, and Co-administered by TMACO,
LLC d/b/a The Marketing Agency, 2881 East Oakland Park Blvd., Suite 425, Fort
Lauderdale, FL 33306 and MODE, Inc, 2143 Hawkins Street / Unit H, Charlotte, NC 28203.
All trademarks are the property of their respective owners. The use of any prize does not imply any endorsement
of, or participation in, this Sweepstakes by its manufacturer/distributor/retailer. The use of a VISA® reward card
as a prize does not imply any endorsement of, responsibility for or participation in this Sweepstakes by Visa,
Inc.© 2022 Frank Brunckhorst Co., LLC and TMACO, LLC d/b/a The Marketing Agency.