BIG PAPI’S SALSA SELFIE CONTEST – OFFICIAL RULES
VOID WHERE PROHIBITED AND OUTSIDE THE UNITED STATES
NO PURCHASE NECESSARY.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING
Entry period begins on June 19th, 2014 at 12:00 a.m. Eastern Time (“ET”) and all entries must be received by 11:59 PM EST July 4th 2014.
This Contest is in no way sponsored, endorsed or administered by Twitter or Instagram. If you enter, you are providing your information to Sponsor and not to Twitter or Instagram. Questions regarding this Contest should be directed to Big Papi’s Kitchen LLC at firstname.lastname@example.org not to Twitter or Instagram.
1. NAME OF SPONSOR
Big Papi’s Kitchen LLC, 150 W. 28th Street, Suite 1003, New York, NY 10001 (hereinafter referred to as “Sponsor”).
Entrants must be legal residents of MA, RI or CT, be 18 years of age or older at time of entry, and have a Twitter or Instagram account. All entrants must have access to the Internet prior to the start of the Promotion.
Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six months, performed services for Big Papi’s Kitchen LLC. or any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest or supplying the prize, and their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to enter or play. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses. “Household members” shall mean people who share the same residence at least three months a year.
3. HOW AND WHEN TO ENTER
If you don’t already follow @bigpapiskitchen on twitter, visit http://twitter.com/bigpapiskitchen and click on the icon to follow @bigpapiskitchen. Once you are following @bigpapiskitchen, go to a participating Stop & Shop store, locate the Bib Papi’s Kitchen display, and tweet a photo of yourself with the cardboard cut-out of David Ortiz using the hashtag #BPK. Please see Content Requirements below for additional details. There is a limit of one (1) entry per person during the entry period. Multiple entrants are not permitted to share the same Twitter account. If you attempt to obtain more than one (1) entry by using multiple/different Twitter accounts, identities, registrations or logins, or through any other methods, Sponsor may exclude you from participating in the Contest.
Entrants may also use Instagram to submit their photos. If you don’t already follow @bigpapiskitchen on Instagram, visit http://instagram.com/bigpapiskitchen and click on the icon to follow @bigpapiskitchen. Once you are following @bigpapiskitchen on instagram, go to a participating Stop & Shop store, locate the Bib Papi’s Kitchen display, and post a photo of yourself with the cardboard cut-out of David Ortiz using the hashtag #BPK. Please see Content Requirements below for additional details. There is a limit of one (1) entry per person during the entry period. Multiple entrants are not permitted to share the same Instagram account. If you attempt to obtain more than one (1) entry by using multiple/different Instagram accounts, identities, registrations or logins, or through any other methods, Sponsor may exclude you from participating in the Contest.Bulk, automated, and/or third party entries are prohibited. In the event of a dispute as to any entry, the authorized account holder of the email address associated with the pertinent Twitter or Instagram account 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 winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. All potential winners are subject to verification before any prize will be awarded. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply.
If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or other causes that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, modify or suspend the Contest.
If canceled, Sponsor reserves the right in its sole discretion to determine the winners using all non-suspect eligible entries received up to the time of cancellation. Sponsor is not responsible for failed, partial, delayed or garbled computer transmissions, or for technical failures of any kind in connection with entries or the entry process, including but not limited to electronic malfunction or damage of any network, hardware or software.
4. CONTENT REQUIREMENTS
Your photo must not: (a) violate any third party rights, including, but not limited to, copyrights, trademark rights, or rights of privacy and publicity and/or other proprietary rights; (b) contain or depict any risky or offensive behavior or contain images that are objectionable, unlawful, obscene, threatening, abusive, harassing, discriminatory, racially or ethnically motivated, defamatory, profane, offensive, lewd, vulgar, pornographic, false, misleading, deceptive, or otherwise inconsistent with Twitter’s or Instagram’s editorial standards; (c) prominently feature or include an recognizable images of any third party trademarks or logos, real people other than yourself, property, or copyrighted images of third parties; or (d) have been entered in any other contest or won prizes or awards, or have been published, copyrighted, printed or distributed previously in any other media in the same or substantially the same form. Sponsor reserves the right to reject any photo for any reason. Entries must not contain or transmit any materials that contain software viruses or other computer code, files or programs that impair, limit, interfere with or cause harm to any communications network.
By submitting a photo, you represent and warrant that: (a) the photo is an original work created solely by you; (b) you own all rights to the photo; and (c) the Entry complies with all requirements of these Official Rules. All entries become the property of Sponsor and will not be acknowledged or returned. In the event that ownership of your submission is contested in any manner, or any third party claims that their rights are infringed or otherwise injured by your entry Sponsor reserves the right to disqualify your entry. The entrant must assign all right, title and interest in and to their photos to Sponsor.
5. SPONSOR’S RIGHT TO PHOTOS
By participating, you: (a) irrevocably grant Sponsor, its agents, licensees, and assigns the unconditional and perpetual (non-exclusive) right and permission to copyright, edit, adapt, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your photo as-is or as-edited (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party; (b) forever waive any rights of copyrights, trademark rights, privacy rights, and any other legal or moral rights that may preclude Sponsor’s use of your photo, or require any further permission for Sponsor to use the photo; and (c) agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor on the grounds that any use of the photo, or any derivative works, infringes any of your rights as creator of the photo, including, without limitation, copyrights, trademark rights, and moral rights. Sponsor reserves the right to post entries on their websites at the conclusion of the Contest.
6. HOW AND WHEN WINNERS WILL BE SELECTED AND NOTIFIED
Winners (the “Winners” or a “Winner) will be selected based upon the following criteria (“Judging Criteria”) by a panel of Judges: (1) Creativity 50%; (2) Originality 50%; The Judges will be made up of employees and executives of Sponsor. Winners will be notified on or around July 7th 2014. Decisions of the Judges are binding and final.
Winners will be notified via direct message from @BigPapisKitchen to the potential Winner’s twitter or Instagram account used to enter the Contest with instructions on how to claim the prize. In order to receive a direct message from Sponsor, you must be following @BigPapisKitchen. Response to winner notification must be received by Sponsor within 72 hours or the prize will be forfeited and may be awarded to a runner-up entry, time permitting. Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release, and final determination of the Winner is always conditional on verification of eligibility and compliance with all rules and procedures.
WINNER VERIFICATION: ALL 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 UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
The guest of each Grand Prize Winner must also be 18 years of age or older.
Grand Prize (3 winners): Two (2) Suite Tickets to Toronto Blue Jays @ Boston Red Sox July 28th, approximate retail value (“ARV”) $350.00; 2nd Prize (5 winners): One (1) David Ortiz Jersey, ARV $99.99; 3rd Prize (10 winners): One (1) New Era Boston Cap, ARV $34.99. The total ARV of all prizes is: 1,899.85. All prizewinners must claim their prize by July 15, 2014.
All expenses, including federal, state and local taxes, if any, and travel related to acceptance and use of a prize and not specifically stated herein are the sole responsibility of the individual prize winner. Winners are not entitled to exchange or transfer prizes or to obtain cash or other substitutes, but Sponsor in its sole discretion may substitute prizes of equal or greater value. Prizes are subject to availability. Sponsor is not responsible for cancellation or preemption of game or for other circumstances that make it impractical or impossible to fulfill the prize. In no event will more than the stated number of prizes be awarded
By participating, entrants agree to be bound by these official rules and the decisions of the Sponsor/Judges and the Contest administrator, which shall be final in all respects.
By participating in the Contest and/or accepting any prize that they may win, entrants agree to release Big Papi’s Kitchen LLC, and The Stop & Shop Supermarket Company LLC and their parent, subsidiary, affiliated and successor companies, and each of their advertising and promotion agencies and prize suppliers, web site providers, web masters, and each of their respective officers, directors, agents, representatives and employees (collectively, the “Released Parties”) from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in the Contest and/or acceptance or use of the prize. The Release Pries are not responsible for: (i) 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; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iii) unauthorized human intervention in any part of the entry process or the Contest; (iv) technical or human error which may occur in the administration of the Contest or the processing of entries; or (v) 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.
Entrants authorize the Released Parties to use their name, voice, likeness, biographical data, city and state of residence and entry materials in programming or promotional material, in any media now known or hereafter created or conceived, worldwide in perpetuity, or on a winner’s list, if applicable, without further compensation unless prohibited by law. Sponsor is not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without further obligation or compensation.
Entrants acknowledge that such materials may be included and/or discussed in a broadcast, that such discussion may include statements or opinions by the broadcast talent or others about the entrants, the entrants’ appearances and/or the materials, and that those statements and opinions may be considered surprising, embarrassing, defamatory or otherwise offensive or injurious to them. Entrants release the Released Parties from any actions, claims, injury, loss or damage allegedly caused, directly or indirectly, by any such statements or opinions made during a broadcast.
To claim prize the Winner must: (a) provide proof of Winner’s age, residency, being the authorized accountholder of the Twitter or Instagram account, and legal status; (b) sign and return eligibility, publicity, liability, rules compliance and any other releases requested by Sponsor all within the time period(s) specified by Sponsor.
DISPUTE RESOLUTION. Except where prohibited, all entrants further agree that any and all disputes which cannot be resolved between the parties and any 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, in a court of competent jurisdiction in the Commonwealth of Massachusetts and in accordance with the laws of the Commonwealth of Massachusetts (excluding Massachusetts choice of law provisions). Further, in any such dispute, any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorney’s fees; under no circumstances will a participant be permitted to obtain awards for, and hereby waives all rights to claim indirect, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, and entrant further waives any right to have damages multiplied or otherwise increased. If any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. 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 Promotion, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts.
9. MISCELLANEOUS; WINNERS’ LIST
USE OF INFORMATION: Information provided by the consumer will be used solely for the purposes of this Contest and will not be rented, sold, or relinquished to outside solicitors.
GENERAL CONDITIONS: Sponsors and their agents are not responsible for: (i) any printing or other errors in Contest related material (and they reserve the right to correct clerical or typographical errors in such materials); (ii) computer system, network, hardware, software or program malfunctions, or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise, technical failures, or delays, garbled transmissions or miscommunications, telephone transmission problems, (iii) damage to a user’s computer equipment (software or hardware in electronic transmissions, lost, interrupted or unavailable network connections, or (iv) for lost, late, illegible, incomplete, damaged, mutilated, stolen, postage due, or misdirected entries, which will be disqualified. Sponsors reserve the right, in their sole discretion, to cancel or suspend and/or modify this Contest or any part of it, and award the prizes in a random drawing from among all eligible entries received prior to such action, should a cause or causes (including but not limited to any fraud, technical failures or other factors) beyond the reasonable control of Sponsors impair the integrity, administration, security, or proper play of the Contest. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. [WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION 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.] Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the web site, and/or the legitimate operation of the Contest; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Contest is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Contest or suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
Void where prohibited. All federal, state and local laws and regulations apply.
Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process and to cancel, terminate, modify and/or suspend the Contest in the event of tampering or other circumstances, including but not limited to acts of God or civil disturbance that render it impractical or impossible to complete or fulfill the Contest as originally planned.
For a winner’s list, send a self-addressed, stamped envelope to “Big Papi’s Kitchen Winners″ at 150 W. 28th St. Suite 1003, New York, NY 1001 within 30 days after Contest end date.