Tyson Foods – Ball Park Brand #summernow – Win a kit full of summer essentials an inflatable splash pool

Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT
IMPROVE YOUR CHANCES OF WINNING.
1.Eligibility.The Ball Park Brand #SummerNow Sweepstakes (the
“Sweepstakes”)isopenonlytolegalresidentsofthefifty(50)United
StatesandtheDistrictofColumbia(excludingAlaska,Florida,
Hawaii,andNewYork),whoareatleasteighteen(18)yearsofage
andtheageofmajorityintheirstateofresidence. Void in Alaska,
Florida, Hawaii, New York, outside of the 50 United States and the District
of Columbia, and where prohibited, taxed or restricted by law.
Employees, officers and directors of Tyson Foods, Inc. (“Sponsor”) and its
subsidiaries, affiliates, partners, advertising and promotion agencies,
manufacturers or distributors of promotion materials, and their
immediate families (parents, children, siblings, spouse) or members of
the same household (whether related or not) of such employees, officers
and directors are not eligible to enter. Youarenotauthorizedto
participateintheSweepstakesifyouarelocatedinAlaska,
Florida,Hawaii,orNewYork, or are located outside the 50 United
States or the District of Columbia. All federal, state and local laws and
regulations apply.
2.Timing. The Sweepstakes begins at 12:00:00 a.m. Eastern Daylight
Time (“EDT”) on May 11, 2021 and ends at 11:59:59 p.m. EDT on May 20,
periods, one for entries submitted via Change.org (“Entry Period 1”), and
one for entries submitted via Twitter and Instagram (“Entry Period 2″)
(each, an”Entry Period”) outlined in the chart below. At the end of the
Sweepstakes Period, seventy-five (75) Grand Prizes will be awarded in a
final random drawing. See below for random drawing details. Each Entry
Period starts at 12:00:00 a.m. EDT on the Start Date and ends at 11:59:59
p.m. EDT on the End Date stated below. Sponsor’s computer is the official
time-keeping device for the Sweepstakes.
3.HowtoEnter. During the Sweepstakes Period, you can enter in three
ways. Limitone(1)entryperperson,perentrymethod. There are
three (3) entry methods listed below, so there are nomorethanthree
(3)entriesperperson. To enter:
a. EntryPeriod1–SignOurPetitionatChange.org. During
Entry Period 1, go to Change.org and sign Ball Park’s petition to
Start Summer 2021 Now. As part of signing the petition entrants
will be required to provide their email address.
b. EntryPeriod2–Twitter/Instagram. During Entry Period 2,
take a photo (“Photo”) and/or write a caption in 280 characters or
less (“Caption”) which describes how you’re celebrating
#SummerNow (“Theme”) and upload your Photo or Caption with
the hashtags #Sweepstakes and #SummerNow via one or both of
the following methods:
i. ViaTwitter: Log onto your Twitter account and Tweet
your Photo and/or Caption with the hashtags
EntryPeriod StartDate EndDate
Entry Period 1
Change.org
5/11, 2021 5/19, 2021
Entry Period 2
Twitter/Instagram
5/20, 2021 5/20, 2021
#Sweepstakes and #SummerNow. You must be an active
holder of a non-private Twitter account to be eligible to enter
this Sweepstakes via Twitter (i.e., you must make sure your
tweets are set to”public”and not”private”). You must have a
Twitter account to enter via this method. If you do not have a
Twitter account, you can create one by visiting
www.twitter.com. Twitter accounts are free.
ii. ViaInstagram: Access the Instagram application on
your mobile device, and post your Photo and/or Caption with
the hashtags #Sweepstakes and #SummerNow. You must
make sure the”Photos Are Private”option in the account
settings on your Instagram account are set to”OFF”. You must
have an Instagram app and account to enter via this method.
If you do not have the Instagram app, you may download it
through the application store on your device. The Instagram
app is free.
If you choose to enter via Twitter or Instagram using your mobile device,
standard data fees may apply. You should consult your wireless service
provider’s pricing plan for details. You agree to incur any and all charges
demanded by your wireless carrier. You should also check your device’s
features for capabilities and check the device manual for specific use
instructions.
All entry information, photos, videos, captions, tweets and posts shall be
collectively referred to herein as the”Submissions”or each as a
“Submission.” Submissions must comply with the Guidelines and
Restrictions defined below.
EachEntryPeriod 1 entrant,ifselectedasapotentialWinner,upon
opportunitytoreviewandagreetotheseOfficialRules,andeach
EntryPeriod 2 entrantbyentering,warrantsandrepresentsthe
followingwithrespecttoentrant’sSubmission:(a)entrantisthe
soleandexclusiveowneroftheSubmission;(b)theSubmission
willnotinfringeonanyrightsofanythirdparties;and(c)anythird
partiesappearingintheSubmissionhavegivenentrant
appropriateconsenttobephotographedandusedaspermitted
herein.Sponsorreservestherighttorequestreleasesfromany
thirdpartiesappearinginanySubmissionsatanytime. Failureto
producethirdpartyreleasesuponSponsor’srequestmayresultin
disqualification,asdeterminedbySponsorisitssoleand
absolutediscretion.
Providing a Submission constitutes entrant’s consent to give Sponsor a
royalty-free, irrevocable, perpetual, non-exclusive license to use,
reproduce, modify, publish, create derivative works from, and display
such Submissions in whole or in part, on a worldwide basis, in perpetuity,
and to incorporate it into other works, in any form, media or technology
now known or later developed, for any purpose whatsoever, including for
promotional or marketing purposes.
Limitone(1)entryperperson,perentrymethod. There are three (3)
entry methods, so there are nomorethanthree(3)entriesperperson.
Entrants are not permitted to submit a Submission more than once per
entry method during the Sweepstakes Period. Duplicate Submissions
within the same entry method by the same person will be subject to
disqualification. All terms and conditions of Change.org, Twitter.com, and
Instagram.com apply. Multiple entrants are not permitted to share the
same Change.org, Twitter, or Instagram account. Any attempt by any
entrant to obtain more than the stated number of entries by using
multiple/different Change.org, Twitter, or Instagram accounts, identities,
registrations and logins, or any other methods will void that entrant’s
entries and that entrant may be disqualified. Use of any automated
system to participate is prohibited and will result in disqualification. In
the event of a dispute as to any Change.org, Twitter or Instagram account,
the authorized account holder of the email address used to register on
the platform 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. Each potential winner may be required to show proof
of being the authorized account holder.
All entries become the sole and exclusive property of the Sponsor and
receipt of entries will not be acknowledged or returned. Sponsor is not
responsible for lost, late, illegible, stolen, incomplete, invalid,
unintelligible, misdirected, technically corrupted or garbled entries, which
will be disqualified, or for problems of any kind whether mechanical,
human or electronic. Proof of submission will not be deemed to be proof
of receipt by Sponsor. By entering the Sweepstakes, entrants fully and
unconditionally agree to be bound by these rules and the decisions of
Sponsor, which will be final and binding in all matters relating to the
Sweepstakes.
4.SubmissionGuidelinesandContentRestrictions: By entering the
Sweepstakes, each entrant agrees that entrant’s Submission conforms to
the Submission Guidelines and Content Restrictions as defined below
(collectively, the”Guidelines and Restrictions”) and that Sponsor, in its sole
discretion, may remove any Submission and disqualify an entrant or
Submission from the Sweepstakes if it believes, in its sole discretion, that
the entrant’s Submission fails to conform to the Guidelines and
Restrictions.
SubmissionGuidelines:
The Submission must not exceed 280 characters in length.
The Submission must be primarily in English.
ContentRestrictions:
The Submission must not contain material that violates or
infringes any rights of any other party, including but not
limited to copyright, trademark, privacy, publicity or any other
intellectual property rights;
The Submission must not disparage Sponsor or any other
person or party;
The Submission must not contain material that is
inappropriate, indecent, obscene hateful, tortious, defamatory,
slanderous or libelous;
The Submission must not contain material that promotes
bigotry, racism, hatred or harm against any group or individual
or promotes discrimination based on race, gender, religion,
nationality, disability, sexual orientation or age;
The Submission must not contain material that is unlawful, in
violation of or contrary to the laws or regulations of the United
States or of any jurisdiction where Submission is created;
The Submission must be consistent with the image and values
of Sponsor and be consistent with and satisfy the purpose of
the Sweepstakes.
Each entrant acknowledges that other entrants may have used ideas
and/or concepts in their Submission that may be similar in idea or
concept to what is included in entrant’s Submission. Each entrant
understands and agrees that he/she shall not have any claim against any
other entrant or Sponsor arising out any such similarity or be entitled to
any compensation because of any such similarity.
Sponsor’s decisions are final and binding in all matters relating to this
Sweepstakes, including, but not limited to, interpretation and application
of these Official Rules. By entering the Sweepstakes, entrants fully and
unconditionally agree to be bound by these rules and the decisions of the
Sponsor, which will be final and binding in all matters relating to the
Sweepstakes.
5.RandomDrawing/Odds. Winner(s) will be selected in a random
drawing from all eligible entries received on or about May 27, 2021. Odds
of winning depend on the number of eligible entries received for the
drawing. Drawing will be conducted by Sponsor’s representatives. By
entering the Sweepstakes, entrants fully and unconditionally agree to be
bound by these rules and the decisions of the Sponsor, which will be final
and binding in all matters relating to the Sweepstakes.
6.Prize(s).Seventy-five (75) Grand Prize(s): Each Winner will receive a kit
full of summer essentials: an inflatable splash pool, pool float, pool
noodle, visor, apron, pair of flip flops, and sunscreen. Approximate retail
value (“ARV”) of Grand Prize: $329.85.
Total ARV of all prizes combined: $24,738.75. Prize(s) is/are
non-transferable. No substitutions or cash redemptions. In the case of
unavailability of any prize, Sponsor reserves the right to substitute a prize
of equal or greater value. All taxes and unspecified expenses are the
responsibility of winner(s). Limit one Grand Prize per person or
household.
7.Notification. Potential winner(s) will be notified on or about May 27,
2021 and may be required to sign and return, where legal, an Affidavit of
Eligibility, Liability/Publicity Release and/or rights transfer document
within five (5) calendar days of receipt. Additionally, winner(s) may be
required to obtain releases from any and all third parties appearing in
their respective Submissions.
If a Twitter entrant is a potential winner, he/she will be notified
by a retweet or reply to potential winner’s Submission and/or a
Twitter direct message (note: in order to receive such direct
message, potential winner may have to have their Twitter
Privacy settings”checked”to”Allow Messages requests from
everyone.”).
If an Instagram entrant is a potential winner, he/she will be
notified by a direct message and/or by Sponsor posting a
comment to the potential winner’s Submission on his/her
Instagram account (note: in order to receive such direct
message, potential winner must have their account set to
public). Potential winner(s) will be required to email Sponsor’s
or if any prize cannot be awarded due to travel cancellations, delays or
interruptions due to acts of God, acts of war, natural disasters, weather or
acts of terrorism.
9.AdditionalTerms.Any attempted form of entry other than as set forth
above is prohibited; no automatic, programmed; robotic or similar means
of entry are permitted. Released Entities are not responsible for technical,
hardware, software, telephone or other communications malfunctions,
errors or failures of any kind, lost or unavailable network connections,
web site, Internet, or ISP availability, unauthorized human intervention,
traffic congestion, incomplete or inaccurate capture of entry information
(regardless of cause) or failed, incomplete, garbled, jumbled or delayed
computer transmissions which may limit one’s ability to enter the
Sweepstakes, including any injury or damage to participant’s or any other
person’s computer relating to or resulting from participating in this
Sweepstakes or downloading any materials in this Sweepstakes. Sponsor
reserves the right, in its sole discretion, to cancel, terminate, modify,
extend or suspend this Sweepstakes should (in its sole discretion) virus,
bugs, non-authorized human intervention, fraud or other causes beyond
its control corrupt or affect the administration, security, fairness or proper
conduct of the Sweepstakes. In such case, Sponsor may select the winners
from all eligible entries received prior to and/or after (if appropriate) the
action taken by Sponsor. Sponsor reserves the right, at its sole discretion,
to disqualify any individual it finds, in its sole discretion, to be tampering
with the entry process or the operation of the Sweepstakes or web site.
Sponsor may prohibit an entrant from participating in the Sweepstakes or
winning a prize if, in its sole discretion, it determines that said entrant is
attempting to undermine the legitimate operation of the Sweepstakes by
cheating, hacking, deception, or other unfair playing practices (including
the use of automated quick entry programs) or intending to annoy, abuse,
threaten or harass any other entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY
WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE
SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND
representative within five (5) calendar days in order to claim their prize.
If any potential winner cannot be contacted within five (5) calendar days
of first notification attempt, if any prize or prize notification is returned as
undeliverable, if any potential winner rejects his/her prize or in the event
of noncompliance with these Sweepstakes rules and requirements, such
prize will be forfeited and may be awarded to an alternate
(time-permitting). Upon prize forfeiture, no compensation will be given.
8.Conditions. BY PARTICIPATING, ENTRANTS AND WINNERS AGREE TO
RELEASE AND HOLD HARMLESS SPONSOR, ANY PROMOTIONAL PARTIES,
CHANGE.ORG, TWITTER, INSTAGRAM AND THEIR ADVERTISING AND
PROMOTIONS AGENCIES AND THEIR RESPECTIVE PARENT COMPANIES,
SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS,
SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS
(COLLECTIVELY,”RELEASED ENTITIES”), FROM ANY AND ALL LIABILITY, FOR
LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER
INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL
INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH,
PREPARATION FOR, TRAVEL TO, OR PARTICIPATION IN THE SWEEPSTAKES,
OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF PRIZE OR
PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY AND FOR ANY
CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF
PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT OR
ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION. Any
and all federal, state and local taxes are the sole responsibility of the
winners. Participation in Sweepstakes and acceptance of prize
constitutes each winner’s permission for Sponsor to use his/her name,
address (city and state), likeness, photograph, picture, portrait, voice,
biographical information, and/or any statements made by each winner
regarding the Sweepstakes or Sponsor for advertising and promotional
purposes without notice or additional compensation, except where
prohibited by law. Entrants who do not comply with these Official Rules,
or attempt to interfere with this Sweepstakes in any way shall be
disqualified. Sponsor is not responsible if Sweepstakes cannot take place
SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE
RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST
EXTENT PERMITTED BY LAW.
10. LimitationofLiability;DisclaimerofWarranties. IN NO EVENT
WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY
DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF
ACCESS TO AND/OR USE OF ANY SITES ASSOCIATED WITH THE
SWEEPSTAKES AND/OR DOWNLOADING FROM AND/OR PRINTING
MATERIAL DOWNLOADED FROM ANY SITES ASSOCIATED WITH THE
SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES
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 EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES
SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY
TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR
LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
11.Disputes;GoverningLaw. The parties waive all rights to trial in any
action or proceeding instituted in connection with these Official Rules,
including, without limitation, the Contest. Any controversy or claim
arising out of or relating to these Official Rules and/or the Contest shall be
settled by binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association. Any such
controversy or claim shall be arbitrated on an individual basis, and shall
not be consolidated in any arbitration with any claim or controversy of
any other party. The arbitration shall be conducted in the State of Illinois,
City of Chicago.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE
GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF
THE STATE OF ILLINOIS WITHOUT REGARD TO ITS CONFLICTS OF LAWS
RULES. For any matters which are not subject to arbitration as set forth in
these Official Rules and/or in connection with the entering of any
judgment on an arbitration award in connection with these Official Rules
and/or the Contest, the parties irrevocably submit and consent to the
exclusive jurisdiction and venue of the state and federal courts located in
or closest to Cook County in the State of Illinois. The parties agree not to
raise the defense of forum non conveniens.
12. UseofData. Sponsor will be collecting personal data about entrants
online, in accordance with its privacy policy. Please review Sponsor’s
privacy policy https://www.tysonfoods.com/privacy-policy. In addition,
entrants who enter via Entry Period 1 on Change.org will be subject to
Change.org’s privacy policy. Please review Change.org’s privacy policy at
https://www.change.org/policies/privacy. By participating in the
Sweepstakes, entrants hereby agree to Sponsor’s collection and usage of
their personal information and acknowledge that they have read and
accepted Sponsor’s and Change.org’s privacy policies.
13.NameofWinner/ListofWinners.To obtain a list of winners, send a
self-addressed, stamped envelope by June 24, 2021 to:
Ogilvy
Attn: Tyson Team – Winners List
333 North Green Street, 15th Floor
Chicago, IL 60607
14.Sponsor. Tyson Foods, Inc., 2200 W Don Tyson Pkwy, Springdale, AR
72762.
THISPROMOTIONISINNOWAYSPONSORED,ENDORSEDOR
ADMINISTEREDBY,ORASSOCIATEDWITH,TWITTERORINSTAGRAM.
YOUAREPROVIDINGYOURINFORMATIONTOSPONSORANDNOTTO
TWITTERORINSTAGRAM.