Smithfield Kretschmar – See It Live Sweepstakes – Win a Kretschmar Branded Guitar
SEE IT LIVE!
SWEEPSTAKES Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. BY ENTERING THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.
SWEEPSTAKES TIMING: The See It Live Sweepstakes (the “Sweepstakes”) entry period begins on Wednesday, September 5, 2018 at 5:00 p.m. Eastern Daylight Time (“EDT”) and ends on Tuesday, October 23, 2018 at 11:59 p.m. EDT (the “Entry Period”). All Eligible Entries will be reviewed for compliance with these Official Rules (“Official Rules”) and, if compliant, will be entered into the Sweepstakes drawing. NO entry will be judged as this is a random drawing Sweepstakes. A random Sweepstakes drawing will take place on or about Tuesday, October 30, 2018 by the Administrator from all eligible entries received during the Entry Period. The Administrator’s database clock will be the timekeeper for the Sweepstakes.
Entry in the Sweepstakes does not constitute entry into any other promotion, sweepstakes or contest. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Smithfield Packaged Meats Sales Corp., 200 Commerce Street, Smithfield, VA 23430 (the “Sponsor”), and/or WYNG, 360 Park Avenue S., 20th Floor, NY, NY 10010 (the “Administrator”) whose decisions shall be final and legally binding in all respects and not subject to further review in any forum.
ELIGIBILITY: Open to legal residents of the 50 United States and the District of Columbia, at least eighteen (18) years of age or the age of majority in the state you reside, whichever is older at the time of entry (“Entrant”). Sponsor, Administrator and each of its companies, subsidiaries, advertising and promotion agencies, and any and all other companies associated with the Sweepstakes (collectively, the “Promotion Entities”), and each of their immediate family members and/or people living in the same household are not eligible to participate. All eligibility is subject to all federal, state and local laws and regulations. All entries submitted are the property of the Sponsor. The Sweepstakes shall be void where prohibited or restricted by law.
HOW TO ENTER: There are several ways to enter this Sweepstakes.
Follow these steps to enter:
VIA SPONSOR’S MICROSITE: Visit www.kretschmardeli.com/seeitlivesweeps and complete the entry form with all required information, agree to the Official Rules, and submit.
On the Sponsor’s Microsite Spotify entry: Visit www.kretschmardeli.com/seeitlivesweeps and complete the entry form with all required information including adding a link to a song to be added to the collaborative “See It Live playlist.”
Proof of delivery or receipt of entry will not be deemed by the Sponsor as proof of entry into the Sweepstakes. All entries become the sole property of Sponsor. Entries will not be acknowledged or returned. All entries are subject to verification and approval by the Sponsor. Entries that do not meet the requirements for the photo or video specified below or otherwise do not comply with the Official Rules herein will be disqualified. Any attempted form of entry other than as described herein is void. Sponsor will determine, in its sole discretion, what constitutes a valid entry. All materials submitted become the property of the Sponsor and will not be returned or acknowledged.
Sponsor reserves the right to cancel or modify the Sweepstakes if fraud or technical failures impair the integrity of the Sweepstakes as determined by the Sponsor, in its sole discretion, and to award the prizes based on eligible entries received prior to the cancellation.
If you opt to access the Sweepstakes via your wireless mobile device (only available via participating wireless carriers), data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in the Sweepstakes. Mobile device service may not be available in all areas. Check your phone’s capabilities for specific instructions. Sponsor is not responsible for any charges.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ACROSS ANY OR ALL OF THE SPONSOR’S AND OTHER RELEASED PARTIES’ DIGITAL AND SOCIAL ASSETS, AT THE SPONSOR’S DISCRETION. Submission of an entry grants the Sponsor and its agents the right to publish, use, adapt, edit, publicly perform and/or modify such entry in any way, in any and all media, including for use in advertising and marketing, without limitation, and without consideration to Entrant.
Entry submissions may not contain, as determined by the Sponsor, in its sole discretion, any material or content that:
is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
includes obscene or offensive messages; endorsement of any form of hate or hate group; duplication of any other video submission;
promotes terrorist acts, such as providing instructions on how to assemble bombs, grenades and other such weapons or providing instructional information about illegal activities;
defames, misrepresents, or contains disparaging remarks about Sponsor, its customers or products or other people or companies;
includes personal identification, such as personal names or email addresses;
includes messages or images inconsistent with the positive images and/or goodwill to which the Sponsor wishes to associate;
infringes the rights of any third party; and/or
violates any law.
Entrant’s Representations: By entering the Sweepstakes you represent and warrant that (a) the submission is Entrant’s original work product and does not infringe the rights of any third party, (b) publication of the submission via various media will not infringe the rights of any third party and (c) the submission has not been previously published in any medium. Each Entrant will indemnify and hold harmless Sponsor and other Released Parties (defined below) from any claims to the contrary. Any Entrant whose work includes likenesses of third parties or contains elements not owned by Entrant (such as, but not limited to, depictions of persons, buildings, trademarks, or logos) must be able to provide legal releases for such use including the Sponsor’s use of such entry, in a form satisfactory to Administrator, upon request, prior to awarding of prize.
Entry Notes: Entrant will be able to review his or her entry prior to submission, but once any entry is submitted, Entrant cannot access/revise such entry in any way. Entries made on another’s behalf by any individuals or other entities, including but not limited to commercial Sweepstakes/Sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for the Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. By entering, all Entrants release the Sponsor, Administrator, Twitter, Instagram, and Live Nation Entertainment, Inc. (“Ticketmaster”) and their parent, subsidiary, and affiliated entities, including all of their respective shareholders, officers, directors, employees, agents, contractors, attorneys, successors, and assigns (the “Released Parties”) from and against all claims and damages arising out of or in connection with each Entrant’s participation and/or entry in the Sweepstakes and/or his/her receipt or use of the prize awarded in the Sweepstakes.
Sponsor is not responsible for problems downloading or uploading any Sweepstakes related information to or from the website or for any other technical malfunctions of electronic equipment, computer online systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the website, or any other technical problems related to website entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an Entrant’s ability to participate in the Sweepstakes.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS OF WINNING:
Two (2) First Prizes: Each winner to receive a Kretschmar Branded Guitar. ARV $225 each.
Five (5) Second Prizes: Each winner to receive Speakers. ARV $100 each.
Ten (10) Third Prizes: Each winner to receive a $15 Apple® iTunes® Gift Card. ARV $15 each.
Fifty (50) Fourth Prizes: Each winner to receive a Kretschmar Trucker Hat. ARV $15 each.
LIMIT: No more than one (1) prize per prize level listed above per person or household. The odds of winning in the Sweepstakes depend on the number of Eligible Entries received during the Entry Period. Total ARV of all prizes $4,850.
The Grand Prize winner will receive an IRS form 1099 as required by law. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
The random drawing will be conducted on or about Tuesday, October 30, 2018 by the Administrator from all Eligible Entries received during the Entry Period. Conduct of the Sweepstakes is under the supervision of the Administrator.
WINNER NOTIFICATION: The Sweepstakes winner will be notified via email, direct message or by phone by the Administrator requesting confirmation of the winner’s name and mailing address. The winner is subject to verification. Potential Grand Prize winner will be required to complete, sign, and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release and W-9 tax payer request for identification within seven (7) days of attempted notification. If any potential winner fails to respond to any notification attempt within 72 hours, or if any attempted notification or prize delivery is returned as undeliverable, or if a potential winner fails to complete and return any required affidavit or release within seven (7) days, the potential winner may be disqualified and an alternate winner may be selected from the remaining Eligible Entries received.
Once eligibility has been verified and the Administrator receives the prize winner’s requested information, the Sponsor will arrange to award the Prize. Prize winner must reply with all required information in order to receive their Prize.
Submission of an entry grants the Sponsor and its agents the right to record, copy, publish, use, edit, exhibit, distribute, perform, merchandise, license, sublicense, adapt, and/or modify such entry in any way, in any and all media, without limitation and without any compensation to the Entrant. Submission of an entry further constitutes the Entrant’s consent to irrevocably assign and transfer to Sponsor any and all rights, title, and interest in the entry, including, without limitation, all copyrights.
DISQUALIFICATION: CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to have tampered with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to disparage, annoy, abuse, threaten or harass any other person. No incomplete, forged, software-generated or other automated multiple entries will be accepted. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
LIMITATION OF LIABILITY: None of the Released Parties shall be held responsible for, and Entrant hereby releases the Released Parties from any claims arising from or in any way relating to: (i) late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information or technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or internet service; (iii) unauthorized human intervention in any part of the entry process or the Sweepstakes; (iv) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; (v) any injury or damage to persons or property, including but not limited to Entrant’s computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes (vi) use of any prize and (vii) the voting process including the outcome of the Sweepstakes or any Sweepstakes drawing.
The Sweepstakes is in no way sponsored, endorsed, administered by or associated with Twitter or Instagram. You are submitting your information to Sponsor and not Twitter or Instagram.
By entering, each Entrant fully releases and agrees to hold each of the Released Parties harmless from and against any and all claims, liability, damages, and demands arising out of or relating to participation in the Sweepstakes and Sweepstakes process and/or any use of the winner’s name, likeness, voice, and/or biographical information as permitted hereunder, including without limitation all claims, liabilities, damages, and demands based on any personal injury, property damages or loss or death. Entrants assume all liability for any injury or damage caused, or claimed to be caused, by participation in the Sweepstakes or the use of the microsite.
DISPUTES: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the federal or state courts located in the State of Virginia, (and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of any kind arising under or relating to these Official Rules), (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; and (3) unless otherwise prohibited, under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Virginia, without giving effect to any choice of law or conflict of law rules principles (whether of the State of Virginia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of Virginia.
WINNERS LIST: To obtain the name of the winners, send a self-addressed stamped envelope to: Smithfield “See It Live” Sweepstakes Winner(s), PO Box 2312, Framingham, MA 01703-2312. All such requests must be received by November 5, 2018.
The use of any prize manufacturer, name or trademark in connection with any of the prizes is solely for the purpose of describing such prize, and is not intended to suggest any affiliation or sponsorship. Ticketmaster is not a sponsor of this Sweepstakes and is in no way responsible for the administration of the Sweepstakes, the verification of winners, or fulfillment of prizes. All inquiries regarding the Sweepstakes should be directed to Sponsor, not to Ticketmaster. Ticketmaster is a registered trademark of Live Nation Entertainment, Inc.