WET-NAP® “TACKLE YOUR TAILGATE” PHOTO CONTEST OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. The Wet-Nap® “Tackle Your Tailgate” Photo Contest starts at 9:00 a.m. C.D.T. on September 2, 2014 and ends at 11:59 p.m. C.D.T. on October 30, 2014 (“Contest Period”).
TO ENTER: Visit contest.wetnap.com (the “Website”) and follow the directions for registration and entry. Complete the online sign-up form on the Website (you will be required to include your email address and contact information). After sign in you will be asked to upload a photo (with caption), less than 4MB in size, that demonstrates what you perceive as the ultimate tailgate experience either at home or at a game. The uploaded photos will be reviewed by the Sponsor to ensure that they conform to the requirements listed below. Only those photos approved by the Sponsor will be included in the Contest. The deadline for entry into the Contest is 11:59 p.m. C.D.T. on October 30, 2014. Limit of one (1) entry per day per person/email address/household by any entry method during the Contest Period. By entering the Contest you are deemed to have accepted these Official Rules.
Entrants must be the sole creators of the Submissions submitted in this Contest. Modifying, enhancing or altering a third party’s pre-existing work does not qualify as entrant’s original creation and will be disqualified from the Contest. Submission must also conform to the following additional Submission requirements in Sponsors sole discretion:
- Submission cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
- Submission cannot promote illegal drugs or firearms (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- Submission cannot be obscene or offensive, endorse any form of hate or hate group;
- Submission cannot defame, misrepresent or contain disparaging remarks about Sponsors or their products or services, or other people, products or companies;
- Submission cannot contain trademarks, logos owned by others (except trademarks and logos owned by Sponsors), or advertise or promote any brand or product of any kind (other than those owned by Sponsors), without written permission, or contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses;
- Submission cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without written permission;
- Submission cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without written permission;
- No depictions of, or references to, celebrities, athletes, musicians, or any public figure can be used in your entry;
- Submission cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsors wish to associate; and
- Submission cannot depict, and cannot itself, be in violation of any law.
SUBMISSIONS POSTED TO THE SITE ARE NOT EDITED BY SPONSOR OR CONTEST ADMINISTRATOR AND ARE THE VIEWS AND OPINIONS OF THE INDIVIDUAL ENTRANTS AND DO NOT REFLECT THE VIEWS OF SPONSOR OR CONTEST ADMINISTRATOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. By submitting a Submission you warrant and represent that it: (a) is your original work; (b) has not been previously published for commercial use or licensed for use by others; (c) has not won previous awards; (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property, proprietary property or other rights of any person or entity; (e) that you have obtained permission from persons whose name, likeness, image or voice is used in the Submission; and (f) that publication of the Submission via various media including internet/online posting or broadcast, will not infringe on the rights of any third party. Any such entrant will indemnify and hold harmless Sponsor and the other Contest Administrator from any and all claims to the contrary. Any entrant whose Submission includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide written legal releases for such use including Sponsor’ use of such Submission, in a form satisfactory to Sponsor, upon request, prior to award of any prize and/or naming of entrant as ‘the Host’ or a prize winner in the Contest. By submitting a Submission, you agree that your Submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, and Sponsor is free to disclose the ideas contained in the Submission on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees or contractors, or obtained from sources other than you. Sponsor reserves the right to, and may or may not, monitor and/or screen Submissions prior to posting them to the Website. Sponsor has no obligation to use or post any Submission you submit. In the case of any dispute submission will be deemed to be property of the person who took the original photo.
UPON TRANSMISSION TO THE WEBSITE, SUBMISSIONS BECOME PART OF THE CONTEST AND MAY NOT BE REMOVED BY ENTRANT, EVEN IF SUBMISSION OR ENTRANT ARE INELIGIBLE FOR THE CONTEST. All Submissions are posted on the Website once approved by “Sponsor” and are available to be viewed by anyone with access to the Internet. By entering the Contest you agree to members of the public viewing and sharing your Submission.
ELIGIBILITY: Entry submission and voting is open only to legal residents of the 50 states of the United States and the District of Columbia who have reached the age of majority at the time of entry in the state (19 or older in AL and NE, 18 or older in all other states) in which they reside. No collaborations or group entries will be permitted. Employees of Nice-Pak Products, Inc. ("Sponsor"), Tyson Foods, Inc., Contest Administrator (CJRW Northwest) and their related and affiliated companies, advertising and marketing agencies, representatives and entities involved in the implementation and execution of the Contest and their immediate family members (parent, child, sibling and spouse of each) and household members are not eligible to participate. The Contest is subject to all applicable federal, state and local laws and regulations. Void where prohibited or otherwise restricted by law. By entering this Contest, entrants agree to be bound by these Official Rules, which will be final, binding and conclusive on all matters related to this Contest. Internet access, and a valid e-mail address are all required to participate in this Contest.
HOW TO VOTE: View Wet-Nap® “Tackle Your Tailgate” Photo Contest Entries and vote for your favorite at contest.wetnap.com during the Contest Period by clicking the button adjacent to the entry and follow the instructions to complete the voting process. Online entries may be subject to standard Internet connection fees. Limit (1) one vote per day per person.
Use of any device to automate a vote is prohibited, including but not limited to software-generated, robotic, programmed, script, macro or other automated votes. Sponsor reserves the right at its sole discretion to disqualify any individual (and remove any votes from that individual) it suspects or finds: (i) to have used a software-generated, robotic, programmed, script, macro or other automated online entry; (ii) to have tampered with the voting process; (iii) to be acting in violation of these Voting Rules; or (iv) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsor reserves the right to remove votes at its sole discretion.
If, for any reason, any aspect of this voting process is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical or system failures or disruption, 'Acts of God' or terrorist attacks, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the voting process or for any reason Sponsor deems it necessary, Sponsor reserves the right at its sole discretion to cancel, terminate, modify voting process and reserves the right in its sole discretion to determine the winner(s).
You participate in this voting process at your own risk. Sponsor and affiliated companies, related companies, administrator, subsidiaries, affiliates and advertising agencies, and any entity associated with this voting process ("Released Parties") are not responsible for and shall not be liable for: (i) difficulty accessing telecom systems; (ii) errors in transmission; (iii) service outage or delays or for any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of email or players on account of any technical problems or traffic congestion on the Internet or at any web site or combination thereof: (iv) any incomplete, lost, late, delayed, misdirected or garbled votes or failure to receive votes; (v) injury or damage to you or to any other person's computer related to or resulting from participating in, or downloading materials or software, or attempts to participate in or download materials or software related to this voting process. Released Parties are not responsible for and shall not be liable for: (i) any condition caused by events beyond the control of Released Parties that may cause the voting to be disrupted or corrupted; (ii) typographical or other errors in the printing, the offering or the administration of the Official Rules or (iii) any errors in the announcement of potential winner(s).
Participants assume all liability for any injury or damages caused or claimed to be caused by his or her participation in the voting opportunity described in these Official Rules, and release Released Parties and their respective officers, directors, employees, shareholders, parents, subsidiaries and affiliates from any such claim or liability.
All interpretations of these Official Rules and the decisions of the Sponsor relating to this voting process are final.
PRIZE: One (1) Grand Prize of tailgating gear ($1,000 Walmart Gift Card) plus a one (1) year supply of Wet-Nap® wipes and a one (1) year supply of Tyson® Any’tizers® snacks. Total approximate retail value (ARV) of Grand Prize is $1,384. The potential prize winner will be the entry, which receives the most votes during the Contest Period. The winner will be notified by email and/or telephone, using the contact information provided by entrants during registration for the Contest. If a potential winner cannot be contacted for any reason or fails to comply with any requirements as set out in the Official Rules, the prize will be forfeited and Sponsor will award the prize to an alternate winner who has the next most votes. The Grand Prize winner will be required to execute an Affidavit of Eligibility and Liability Release and, except where prohibited, a Publicity Release. Failure to execute the Affidavit and Release or to sign and return them within fourteen (14) days of delivery will cause the prize to be forfeited and Sponsor will award the prize to an alternate winner who has the next most votes.
Validity: The validity of any Submission is subject to verification by the Sponsor. Any illegible, incomplete, incorrect or fraudulent Submissions will be disqualified.
Limitation of Liability – General: By participating in this Contest, you agree, to the maximum extent permitted by the applicable law, to release and hold Sponsor, Tyson Foods, Inc., the Contest Administrator and their respective parent companies, affiliates, subsidiaries, officers, directors, agents, and employees (collectively, “Released Parties”), harmless from any and all liability whatsoever for any injuries, losses or damages of any kind arising from participation in or in connection with the Contest, including, without limitations: (i) awarding, acceptance, receipt, possession, use and/or misuse of the prize; and (ii) participation in any Contest related activities and travel of any kind. The above limitation of liability shall not apply to death or bodily injury caused as a result of Sponsor’s negligence.
Limitation of Liability – Contest Operation: All federal, state, provincial and local laws apply. By entering the Contest and to the maximum extent permitted by applicable laws, you release and discharge Released Parties from any and all liability resulting from: (i) late, lost, delayed, stolen, misdirected, unreadable, incorrect, inaccurate, garbled, unintelligible or postage due communications, including without limitation, Submission information, regardless of the method of transmission, including the failure to send a prize notification email and/or shipping of prize to the prize winner; whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest; (ii) any error, omission, interruption, deletion, defect, or delay in operation or transmission at any website related to the Contest, or for communications line failure, or for theft or destruction, tampering, or unauthorized access to Submissions and/or Submission information; (iii) for printing, human, typographical or other errors in any Contest material or the administration of the Contest; and (iv) any computer, software, website or electronic defect, error or failure regardless of reason.
Disqualification: Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the operation of the Contest or any website related to the Contest; to be acting in violation of the Official Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any person participating in or connected with the Contest. Any attempt by any participant to obtain more than the stated number of Submissions by using multiple/different identities, or any other methods will void that participant’s Submission and that participant 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 Submissions submitted by multiple users having the same email account, the authorized account subscriber of the email account used to enter the Contest at the actual time of registration will be deemed to be the participant and must comply with the Official Rules; the unauthorized subscriber(s) will be disqualified. Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, online service provider or other organization, which is responsible for assigning email addresses for the domain associated with the submitted email address. Winner may be required to provide Sponsor with proof that the winner is the authorized account holder of the email address associated with the winning Submission. If, for any reason, the Contest cannot be completed as planned due to computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failure or other failures that in Sponsor's sole opinion corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right to modify, cancel, terminate or suspend the Contest. The Sponsor’s or a Contest Administrator’s server shall be the official time stamp for the purposes of determining the validity of any Submissions by entrants (where applicable).
Modification: The Sponsor reserves the right to modify, terminate or suspend the Contest in whole or in part, in its sole discretion in the event of a virus, a computer bug, unauthorized human intervention or any other cause or act beyond the control of the Sponsor that could affect the administration, operation, security and fairness of the Contest.
Acceptance and Substitution of Prize(s): Prize must be accepted as awarded. Prize is non-transferable, non-refundable, and not redeemable for cash by the winner and may not be sold. In the unlikely event that prize offered is discontinued or otherwise unavailable for any reason, the Sponsor in its sole discretion reserves the right to deliver a prize of equal or greater value. PRIZES ARE AWARDED “AS IS” WITH NO WARRANTY OR GUARANTEE EXPRESS OR IMPLIED. SPONSORS DISCLAIM ANY AND ALL LIABILITY FOR THE ACTUAL PROVISION, QUALITY OR NATURE OF ANY THRID PARTY PRODUCT OR SERVICE ACCEPTED BY THE WINNER. Sponsor is not responsible for potential winner’s inability or unwillingness to accept any prize.
By accepting a prize, the winner agrees that his or her Submission will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Submission, including but not limited to, all copyright and trademark rights which he or she may have in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Submission. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Submission and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
Taxes and Additional Costs: The winner will be solely responsible for any and all applicable taxes and any other costs, expenses and fees that are not stated in these Official Rules as being included in the prize.
Publicity: Winners may be requested to take part in promotional activity. Winner agrees to allow use of his/her name , voice, likeness, biographical information and/or image of the winners in any publicity, advertising, trade or other promotional activity without needing any additional prior written consent. Winner agrees to sign and return an Affidavit of Eligibility and Liability/Publicity Release as a condition of accepting the prize.
RELEASE OF LIABILITY/PUBLICITY: By participating in this Contest, entrants release Sponsor, and its respective parents, affiliates, subsidiaries, officers, directors, agents, employees and all others associated with the development and execution of this Contest, (“Released Parties”) including, but not limited to, Facebook, Google and Twitter from any and all liability with respect to, or in any way arising from, this Contest and/or acceptance or use or misuse any the prize, including, but not limited to, liability for personal injury, bodily injury, death, damages or loss, or claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes entrant’s rights with regard to any elements or ideas contained in any Entry which arise from, relate to, or are connected with entrant’s use of the Contest App or other online sites, entry into the Contest or Entry submission. Sponsor is not responsible for any unauthorized third-party use of any Entry. Sponsor is not responsible for prize quality or utility. Sponsor reserves the right to require prize winners to submit to confidential background check or complete any other necessary documentation to confirm eligibility and waive personal injury claims against Sponsor and its agencies as a condition of awarding a prize (unless otherwise prohibited by law) and to help ensure that the use of any such person in advertising or publicity for the Contest will not bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest or Sponsor as determined by Sponsor in its sole discretion. Each entrant acknowledges and agrees that Sponsor reserves the right to disqualify any potential winner at any time, in its sole discretion, on the basis of anything contained in or learned or obtained as a result of any submitted documents or any other forms requested by Sponsor that, in its sole opinion, would constitute a breach of these full Official Rules.
WINNERS LIST: The name of the winner will be posted at contest.wetnap.com for 30 days beginning on November 15, 2014.
GOVERNING LAW: This Contest and the Official Rules shall be exclusively governed by and construed in accordance with the laws of the State of New York without regard to conflicts of law provisions. Entrants submit to exclusive personal jurisdiction in New York and agree that any dispute shall be brought in the state and federal courts in New York.
SPONSOR:Nice-Pak Products, Inc. 2 Nice Pak Ln, Orangeburg, NY 10962
All names and trademarks related to prizes awarded under this Contest are the property of the respective owners.