Frank Brunckhorst – Boar’s Head Firesmith Sweepstakes

THE FOLLOWING PROMOTION IS INTENDED FOR VIEWING AND PARTICIPATION IN THE 50
UNITED STATES, WASHINGTON 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 AT LEAST 18 AND THE AGE OF MAJORITY IN
YOUR STATE OF RESIDENCE OR OLDER TO ENTER. INTERNET ACCESS AND A VALID EMAIL
ADDRESS REQUIRED
Boar’s Head® “FireSmith 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”is from 12:00:01 AM Eastern Time
(“ET”) May 1, 2023 (“Sweepstakes-Start”) to 11:59:59 PM (“ET”) June 30, 2023
(“Sweepstakes-End”). Sponsor’s computer clock determines the time.
2 Eligibility: No purchase necessary to enter or win. This Sweepstakes is open only to
legal residents of the U.S.A (including Washington D.C.) and Puerto Rico, 18 years of
age or older and the age of majority in their state of residence (19 in Alabama and
Nebraska; 21 in Mississippi) as of date of entry. If you are not a legal resident of the
U.S.A., D.C. or Puerto Rico or age 18 or older and the age of majority as of date of
entry, you are not eligible to enter or win a prize and Frank Brunckhorst Co., LLC
(“Sponsor”) reserves the right not to award prizes to entrants who reside in other or
excluded U.S. jurisdictions. If you have an APO or FPO mailing address, you must
identify your state of permanent residence. Residents of all U.S.A territories and
external Commonwealths except Puerto Rico are not eligible for this Sweepstakes. 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 household of any employees, officers, directors, distributors, retail partners, agents,
or representatives of 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.
3 How to Enter: This Sweepstakes is played only on the Internet during the Sweepstakes
Period. To enter the Sweepstakes, go to the Official Website at
http://boarshead.com/FireSmith and follow the instructions to “play” up to four (4)
games representing Stoking the Fire, Flavor Matching, Charring the Chicken and
Pairing a Recipe with a Playlist. When you have successfully completed a game, you
will be asked to register your first and last name, email address for which you are the
Authorized User, your ZIP Code and your age range. Once you have registered on one (1)
game you will not be asked to register on subsequent games you play. Each game has its
own prize structure as per #5 below. When you complete a game you will receive one (1)
entry for that Sweepstakes drawing. You will receive one (1) entry for each subsequent
game you complete. If you complete all four (4) games, you will also be entered into an
additional, separate Sweepstakes drawing. Prizes and quantities are listed in #5, below.
You will also be given the opportunity to subscribe to Sponsor’s free Dish Worthy®
newsletter. You may cancel at any time. Your subscription choice will have no
influence on any of the five (5) Sweepstakes drawings. There is a maximum of five
(5) Sweepstakes entries per person or email address (one per each game and one
for completing all four games) during the Sweepstakes Period.
You must supply an accurate, functioning email address, for which you are the
Authorized User, for your entry to be eligible and to be notified if you are a
potential winner. It is an entrant’s responsibility to keep his/her email address
current and to monitor that account. 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. All discovered entries made in
violation of these rules will be deleted.
*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.
“Authorized 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 submitted on
the entry form. Sponsor and Co-Administrators 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.
4 Winner Selection: All winners will be selected on or about 20 days after
Sweepstakes End. A potential prizewinner will be notified within approximately
five (5) business days after the selection is made via email to the email address
submitted during registration. Prizewinners will have five (5) business days to
reply, agreeing to accept the prize and providing all information requested by
Sponsor or Co-Administrators. Failure to provide the information requested above
will signify to Sponsor/Co-Administrators that the prize has been declined and
forfeited for all time and another potential prizewinner will be chosen in a random
drawing from remaining eligible entries. 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 prizes will be awarded if claimed
properly, provided there are sufficient entries. Should a greater number of prize
claims than those specified in these Official Rules be received because of printing,
emailing, programming or human 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 from all claims.
5 Prizes, Approximate Retail Value (“ARV”) and Odds:
Game Prize Number of
winners
ARV
Stoking the Fire Solo Stove® Ranger 2.0
Portable Fire Pit
10 $200
Flavor Matching MasterClass® Annual
Membership (Individual
Plan)
50 $200 (awarded as
$200 Visa Reward Card)
Charring the Chicken Williams Sonoma®
Stainless-Steel Handled
BBQ Tool Set with
Storage Case
25 $150
Pairing a Recipe with a
Playlist
1-year Spotify®
Subscription (Individual
Plan)
50 $100
Combination Game for
completing all four (4)
Games
$50 Visa Reward Card 50 $50
Odds of winning: Dependent on the total number of eligible Sweepstakes entries
awarded in each of four (4) games and the total number of additional entries
awarded for completing all four (4) games during the Sweepstakes Period. By
entering this Sweepstakes, entrants acknowledge that the Sweepstakes Entities have
neither made, nor are in any manner responsible or liable for any warranty,
representation or guarantee, expressed or implied (including, without limitation,
quality, merchantability and fitness for a particular purpose), in fact or in law,
relative to a prize or regarding the use, value or enjoyment of the prize. The right to
receive a prize is non-assignable, non-exchangeable and non-transferable and no
prize substitution or cash equivalent will be given, except that Sponsor may
substitute a prize of comparable or greater value in its sole discretion. Prizes and
prize notifications that are returned as undeliverable may disqualify winner.
6 General: By participating in this Sweepstakes, you agree to be
bound by these Official Rules. Sweepstakes administration will be
supervised by the Co-Administrators, independent judging organizations,
whose decisions are final and legally binding. No participant or potential
winner shall have the right to contest any decision by the Sponsor 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/Co-Administrators who enter 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 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 or epidemic or any other causes beyond Sponsor’s control. Should the
Sweepstakes be canceled or terminated, the Prizewinners will be chosen from
all non-suspect, eligible entries received to the cancellation/termination date.
Sponsor reserves the right to disqualify any entry from the Sweepstakes if in
Sponsor’s sole judgment it suspects that entrant has not complied with these
Official Rules. Without limitation, all of an entrant’s discovered entries will be
disqualified, at the sole discretion of Sponsor/Co-Administrators, if it is
suspected that an entrant has (i) attempted to enter the Sweepstakes through
any means other than as described in these Official Rules; (ii) provided
information that is inaccurate, illegible or fraudulent; or (iii) attempted 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. All Prizes are awarded “as is” and without warranty.
7 By entering, to the extent permitted by applicable law, you explicitly agree to forever
and irrevocably release, defend, indemnify and hold harmless the Sweepstakes Entities,
Sponsor’s distributors and retailers, their successors and assigns and their respective
officers, directors, employees, representatives and agents, one and all, from any and all
liability, actions, causes of action, damages, actual, incidental or consequential, claims
or judgments for injuries, death, fines, penalties, losses, costs, expenses and demands
whatsoever in law or equity, including all legal or “expert” fees or costs, which you now
have or may acquire, by reason of, without limitation, any of the following: personal
injury, death, loss of or damage to others or to property, or any reason, occurring
during or arising out of the Sweepstakes, your participation or inability to participate in
the Sweepstakes; the acceptance, possession, travel related to, defect of, use, inability
to use or misuse of the prize and any elements thereof; any change in the prizing (or
any components thereof) due to unavailability, business or creative considerations, or
due to reasons beyond Sponsor’s control or human error; any interruptions in or
postponement, cancellation, or modification of the Sweepstakes; any damage to
entrant’s (or any third person’s) computer, network and/or its contents related to, or
resulting from, any part of the Sweepstakes or any wrongful, negligent, or
unauthorized act or omission on the part of any of the Sweepstakes Entities, or any of
their agents, distributors, retailers and their collective officers or employees.
Prizewinners waive the right to (i) assert as a cost of winning the prize any and all costs
of verification and redemption or travel to redeem said prize, and (ii) claim any liability
(including attorney’s and experts fees and costs) which might arise from redeeming or
seeking to redeem said prize (including travel related thereto).
8 Sweepstakes void where prohibited, licensed, or otherwise restricted by law. All federal,
state and local laws and regulations apply. If any provision of the Sweepstakes shall be
deemed to violate any federal, state or local law, regulation or ordinance, it shall be
amended to conform to such law and all other provisions shall remain in full force and
effect. If Sponsor is required by applicable federal, state or local law, regulation or
ordinance, or by action of an administrative agency to cease offering the Sweepstakes in
any jurisdiction, Sponsor reserves the right to (i) terminate the Sweepstakes in such
jurisdiction in its entirety, and/or (ii) cancel and remove from participation in the
Sweepstakes any and/or all entries from entrants residing in such jurisdiction, without
penalty and without obligation to any Sweepstakes entrants. Sponsor’s failure to enforce
any term/provision of these Official Rules shall not constitute a waiver of that
term/provision. All taxes are winners’ responsibility.
9 Publicity Release: Except where prohibited by law, by entering the Sweepstakes,
and as a condition of winning the prize, you consent to the use by Sponsor and its
designees of your name, photograph, likeness, statements, certain biographical
information (except homeaddress, email address or phone number), voice and city
and state address for advertising, trade and promotional purposes, for this and
similar promotions, worldwide, and in perpetuity, in any and all forms of media
now known or hereafter devised without additional compensation, review or
approval rights, notification or permission. You further acknowledge that if you
are chosen as a winner, your identifying information (except home address, email
address or phone number) may be disclosed to third parties including, without
limitation, being placed on a winners’ list.
10 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.
11 The Sweepstakes Entities and Sponsor’ s distributors and retailers shall not be
responsible for technical, pictorial, typographical or editorial errors or omissions
in the Sweepstakes website, any marketing materials or these or the abbreviated
Official Rules. In the case of a disagreement between the Sweepstakes website
and/or any marketing materials and these Official Rules, the Official Rules shall
prevail.
12 Privacy: All entries submitted become the property of Sponsor and none will be
acknowledged or returned. 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 on
https://boarshead.com/about/privacy and Co-Administrators’ Privacy Policies
found at http://themarketingagency.com/html/privacyPolicy.html
https://madebymode.com/privacy-policy By participating in the Sweepstakes,
entrants hereby acknowledge that they have read and accepted Sponsor’s/Co-
Administrators’ privacypolicies.
13 For a Winners List —available on or about September 15, 2023, send a self
addressed, adequately stamped with first class postage, #10, business envelope to
Winner — Boar’s Head ” FireSmith” Sweepstakes, c/o The Marketing Agency, 2881 East
Oakland Park Blvd., Suite 425, Fort Lauderdale, FL 33306 to be received by September
15, 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 discarded.
14 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.
© 2023 Frank Brunckhorst Co., LLC