WinCo Johnsonville Football Contest
Official Rules
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED BY LAW. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. MANY WILL ENTER, FEW WILL WIN.
Entry into this Contest constitutes your acceptance of these Official Rules.
1. ELIGIBILITY: The WinCo Johnsonville Football Contest (the “Contest”) is open to legal residents of the United States of America over the age of 18 who are not employed by WinCo Foods or Johnsonville Sausage, LLC (the “Sponsors”). You may not participate if you are not a legal resident of the United States of America, at least 18 years old and/or are employed by WinCo Foods or Johnsonville. By entering the Contest, you warrant that you are eligible to participate in the Contest.
2. HOW TO ENTER: Complete the online entry form between January 21, 2013 and no later than Feburary 9, 2013 (the “Contest Period”), by visiting www.wincofoods.com/Johnsonville or the Contest’s application on WinCo Foods’ Facebook Page, entering your name, email address, residential address, and attaching an original photo depicting a gathering, ‘BBQ’, ‘football viewing party’, etc. depicting usage of Johnsonville products. Only entries submitted via the Website or Contest application will be accepted. Entries submitted via any other method, including but not limited to U.S. Postal Service, facsimile or other express delivery services, will NOT be accepted. Entry must be received by February 9, 2013 at 11:59 PM Mountain Standard Time. For purposes of this contest, “receipt” of an Internet entry occurs when the survey server records the entry information resulting from the entrant clicking the “end Entry” button. Multiple entries per person are allowed as long as each entry submitted by an individual has a differing photo from any of that individual’s previous entries. All photos must be in the following file formats: .jpg or .png and no more than 3 MB in size.
3. ENTRY REQUIREMENTS: Entries (i) must be the original and sole creation of the submitting Entrant, and all rights, title and interest including but not limited to, the copyright in any Entry, must be owned solely by the submitting Entrant; (ii) may not have been submitted in any other competition, including any previous WinCo Foods contests or sweepstakes; (iii) may not have been published; (iv) may not infringe upon any third party’s rights, including but not limited to, copyright, patent or trademark, or rights of privacy or publicity, or contain material that is or may be considered defamatory, slanderous or libelous, or portray or depict any person, product or entity in a false light; (v) may not violate any law, rule or regulation; (vi) may not contain any virus, bugs, or other deleterious material; (vii) may not contain inappropriate content, for example but not limited to, profanity, defamatory statements, words or symbols widely considered offensive to individuals of any certain race, ethnicity, religious, sexual orientation or socioeconomic groups, threats to any person, place, business, or group; (viii) and person submitting Entry must have permission from any person depicted in the picture to be submitted as an Entry. Each Entrant warrants and represents that his/her Entry complies with all of those conditions. Any non-complying Entry will subject the Entrant to disqualification in Sponsors’ sole discretion. By submitting an Entry, Entrant grants Sponsors a worldwide, royalty free license in any and all media, now known or hereafter created, to copy, prepare derivative works, and distribute the Entrant’s Entry materials. Entrants hereby waive in favor of Sponsors, 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 his/her Entry. Sponsors reserve the right to alter, change or modify the entrant’s Entry, in its sole discretion.
Sponsors are not responsible for entries that are incomplete or inaccurate whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error; which may occur in the processing of entries. Sponsors are not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature. All photos, if submitted, become the property of the Sponsors and will not be returned. By submitting an Entry, you agree that your submission is gratuitous and made without restriction, and will not place Sponsors under any obligation, that Sponsors are free to disclose or otherwise disclose the ideas contained in the Photo 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 Entry, Sponsors do not waive any rights to use similar or related ideas previously known to Sponsors, or developed by its employees, or obtained from sources other than you. By entering, you acknowledge that Sponsors have no obligation to use or post any Entry you submit.
4. PRIZE JUDGING & WINNER SELECTION: Three (3) Winners will be selected, from among all eligible entries received, on or about February 15, 2013 in a one round judging process. Judging Process: All eligible Entries will be judged by a panel of judges based upon the following equally weighted criteria: a) Visibility and usage of Johnsonville products; and b) Presentation & Visual Appeal. The Entry that receives the highest score will be deemed the Grand Prize winning Entry, and the entrant who submitted the Entry will be deemed the Grand Prize Winner, subject to verification. By default, the entry with the second highest vote will be deemed the Second Place Winner and the entry with the third highest vote will be deemed the Third Place Winner. In the event of a tie for the Grand Prize or any other Prize, the senior-most member in the judging panel will hold the Tiebreaker. Judges’ decisions will be final and binding on all matters relating to this contest.
5. PRIZE WINNERS NOTIFICATION: Winners will be notified by email or phone and will be required to electronically sign and return an affidavit of eligibility and liability/publicity release (where permitted) within 3 days of notification or prize will be forfeited and an alternate Winner will be selected according to the above-criteria. Return of any prize notification or prize as undeliverable will result in forfeiture of prize and awarding of the prize to the next highest scoring finalist.
By accepting prize, Winner agrees that his/her Photo will be deemed a Work Made For Hire under the Copyright laws of the United States. The Winners individually irrevocably assign and transfer to Sponsors all of his/her right, title and interest in and to his/her Photo, including all, 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. Upon request of Sponsors, Winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsors, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Photo and of the copyrights transferred. Should Sponsors fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsors’ rights and Sponsors may at a later time request the assignment.
6. PRIZES: One (1) Grand prize: One (1) year of free Johnsonville Brats, in the form of 12 VIP Coupons that may be redeemed at participating retailers for free Johnsonville Brats and a full size Johnsonville® Football (One [1] VIP Coupon is good for one free 19 oz. package of Johnsonville Bratwurst, any flavor). One (1) Second Place: One (1) Johnsonville® Mini Grill, one (1) Apron and one (1) pair of Tongs. One (1) Third Place: One (1) Johnsonville® Full Size Football.
Prizes are non-transferable, non-refundable and non-negotiable for cash. Prize Winners may have his or her picture placed on the Sponsors’ Website/Facebook page, as well as similar online properties and accounts (Pinterest, Instagram, Twitter, Youtube, blogs, etc.), and as part of a news release for the brands. Following the Judges’ decision and Winner verification, the prizes will be delivered by Priority Mail through the U.S. Mail service to the address indicated by the Winner. Prizes are non-transferable, with no cash redemption or equivalent. Sponsors reserve the right to substitute a prize of equal or greater value at their discretion. All federal, state and local laws and regulations apply. Sponsors and the Contest Parties expressly disclaim any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of prizes awarded. Neither Sponsors nor any Contest Parties makes any representations or warranties concerning the appearance, safety or performance of any prizes awarded. By accepting a prize, the Winners consent to Sponsors’ use of their name, photograph and/or likeness, address, voice, and statements made by or attributed to them, in perpetuity, in any and all media now known or hereafter developed (including, without limitation, print, broadcast and Internet), for all legitimate business purposes including advertising and promotional activities without additional compensation, unless prohibited by law. If any correspondence of the Sponsors or any prize is returned as undeliverable, the corresponding prize will be forfeited and will be awarded to an alternate Winner. Any unclaimed prizes will be awarded in a random drawing to be held as necessary. In the event there is a dispute of the entrant’s identity, the prize will be awarded to the established email account associated with the entry. Winners are responsible for all applicable taxes or other fees associated with the prize transfer.
7. DISQUALIFICATION: Winner must meet the eligibility requirements set forth in these rules in order to qualify for the prize. WinCo Foods, LLC and Johnsonville Sausage, LLC (the “Sponsors”) reserve the right to verify eligibility. All entrants discovered to be under the age of 18, who are not residents of the United States of America and/or employees of WinCo Foods, LLC and/or Johnsonville Sausage, LLC will be disqualified. Automated entries (including but not limited to entries submitted using any robot, script, macro, or other automated service) are not permitted and will be disqualified. Any consumer entering the Contest after February 9, 2013 will not be entered into this Contest. Sponsors are not responsible for technical delay issues that may cause an expired notification of the Contest or advertisement. Sponsors is not responsible for any failure of the website at any time during the Contest Period or thereafter, including without limitation any telephone problems or technical malfunction of any computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the internet or at the website, or any combination thereof including any injury or damage to an entrant’s or any other person’s computer related to or resulting from downloading any material related to the Contest, all of which may affect a person’s ability to participate in the Contest.
8. RELEASE: By participating in this Contest, entrants agree to release and hold harmless Sponsors, their advertising or promoting agencies, any parties administering these Contest on behalf of Sponsors and each of their respective parent companies, affiliates, subsidiaries, officers, directors, representatives, agents and employees (the “Contest Parties”), from any and all liability whatsoever for any injuries, losses or damages of any kind arising from or in connection with, either directly or indirectly, 1) the awarding, acceptance, receipt, possession, use and/or misuse of any prize awarded herein; or 2) participation in the Contest or any prize related activities, including but not limited to traveling to or from any prize related activity.
9. ODDS OF WINNING: Odds of winning depend on the total number of eligible Entries received during the Promotion Period. As this is a contest of skill, winning is dependent upon the quality of entries received and the skill of the individual entrants.
10. COPYRIGHT ENFORCEMENT: If you believe that one of our users is, through the use of our services, unlawfully infringing the copyright(s) in a work (e.g., if you believe that any submitted photo infringes the copyrights in your work), and wish to have the allegedly infringing material removed, please contact comments@wincofoods.com .
11. PRIVACY POLICY: You are providing your information to the Sponsors and not to Facebook. Please see the Sponsors’ privacy policy at www.wincofoods.com/privacy-policy and http://www.johnsonville.com/policies/privacy-policy.html for details of policy regarding the personal information collected in connection with this Contest. The terms of such privacy policy are incorporated into, and considered part of, these Official Rules. By submitting an Entry in the Contest, you hereby warrant and represent that it conforms to the requirements set forth herein.
12. MISCELLANEOUS CONDITIONS: By participating entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsors, which shall be final and binding with respect to all issues relating to this Contest. By participating in the Contest, Sponsors may collect your name, mailing address, phone number and e-mail address for the purpose of administering your participation in the Contest. Entrants will not be contacted unless (i) the entrant indicates their desire to receive information or otherwise be contacted by Sponsors; (ii) entrant explicitly requests to be contacted by Sponsors or (iii) the entrant is selected as the Winner of the Contest. You can contact Sponsors or otherwise communicate your privacy concerns by: E-mailing us at comments@wincofoods.com Writing to us at: WinCo Foods, LLC Attn: Web Development P.O. Box 5756 Boise, ID 83705-5756
13. WINNERS LIST: The name of the prize Winners will be provided upon request in writing to WinCo Foods – Web Development (Johnsonville Contest), P.O. Box 5756 Boise, ID 83705-5756 after February 21, 2012, the approximate date on which Winners will have been confirmed.
14. CHOICE OF LAW; VENUE: Under no circumstances will entrants be permitted to obtain awards for, and entrants hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, and entrants further waive all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsors in connection with this Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of Idaho, without regard to Idaho’s conflict of law principles and entrants hereby consent to the personal jurisdiction of the state and federal courts located in Ada County, Idaho.
15. Sponsors:
WinCo Foods, LLC, 650 N Armstrong Place, Boise, ID 83704
Johnsonville Sausage, LLC, PO Box 906 Sheboygan Falls, WI 53085