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2017 BIGS and Duke’s December Instagram Sweepstakes

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN THE SWEEPSTAKES.
A PURCHASE OR PAYMENT WILL NOT INCREASE
AN ENTRANT’S CHANCES OF WINNING.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
  • SWEEPSTAKES PERIOD/ENTRY PERIODS:  The 2017 BIGS and Duke’s December Instagram Sweepstakes (the “Sweepstakes”) begins on Monday, December 4, 2017 at 12:00 a.m. Central Standard Time (“CST”) and ends on Thursday, December 18, 2017 at 11:59:59 p.m. CST (the “Sweepstakes Period”). During the Sweepstakes Period, there will be the following:

    1. Four (4) “Influencer Entry Periods” in accordance with the following chart:

      Influencer Entry Period

      Influencer Entry Period Start Date (12:00 a.m. CST)

      Influencer Entry Period End Date (11:59:59 p.m. CST)

      Random Influencer Entry Period Drawing Date (on or around this date)

      Benjamin Nowak

      December 4, 2017

      December 7, 2017

      December 8, 2017

      Zac Griffith

      December 11, 2017

      December 14, 2017

      December 15, 2017

      MissyGotGame

      December 11, 2017

      December 14, 2017

      December 15, 2017

      Courtney Cox

      December 15, 2017

      December 18, 2017

      December 19, 2017


      Entries into one Influencer Entry Period will NOT carry forward into other Influencer Entry Periods. No purchase is necessary to enter or win the Sweepstakes.

    2. SPONSOR:  Thanasi Foods whose address is 4745 Walnut St. Unit A,

      Boulder, CO 80301. ADMINISTRATOR: The Wandering Socialites, 83 Maple Street, Wenham Ma, 01984.

    3. ELIGIBILITY: The Sweepstakes is open only to those individuals who are: (i) legal residents of the fifty (50) United States or the District of Columbia, and (ii) who are at least 18 years old.  Employees of Sponsor, and/or any of their parent and affiliate companies, Administrator, Sponsor’s agencies or promotional partners as well as their immediate family (spouse, parents, siblings and children) and household members of each such employee of such entities (collectively, “Sweepstakes Entities”) are ineligible to enter.  The Sweepstakes is subject to all applicable federal, state, municipal and local laws and regulations. Void in Puerto Rico, the United States Territories and Possessions, and elsewhere where prohibited or restricted by law.

    4. AGREEMENT TO OFFICIAL RULES: Participation in this Sweepstakes constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to this Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. These Official Rules form a binding legal agreement between the entrant and the Sponsor with respect to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Sponsor’s computer will serve as the official clock of the Sweepstakes.

    5. HOW TO PARTICIPATE:  To enter the Sweepstakes, an eligible entrant (“Entrant”) must do the following on Instagram in response to the post announcing the Sweepstakes: 1) Follow @bigs_seeds OR @dukesmeats as instructed; 2) Follow @brnowak_fishing OR @zacgriffith_com OR @missygotgame OR @courtney_c_cox as instructed; 3) Comment on the post sharing your favorite flavor of either BIGS or Duke’s using the hashtag #BIGSSweepstakes or #DukesSweepstakes as instructed; and 4) Tag a friend. Limit one entry per person per Influencer Entry Period.

      To participate an Entrant must have a public Instagram Account.   Entrants may create an Instagram account at no cost by logging on to http://instagram.com. Use of Instagram will be subject to that service provider’s privacy policy and terms of use.

      This Sweepstakes is in no way sponsored, endorsed by, or associated with Instagram. You understand that you are providing your information to Sponsor and not to Instagram. Any questions, comments, or complaints regarding this Sweepstakes shall be directed to Sponsor and not to Instagram.

      Important: If the Entrant is entering this Sweepstakes via a mobile device, Message and Data Rates may apply. The Entrant should consult his/her wireless service provider regarding its pricing plans. Not all cellular telephone providers carry the service necessary to participate in this method of entry.  The Entrant should check his/her mobile device’s capabilities for specific web enabled browsing instructions.

      Any attempt by any Entrant to obtain more than the stated number of Entries by using multiple/different Instagram Accounts, email addresses, phone numbers, 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 or subvert the Entry process is prohibited and will result in disqualification and all associated Entries may be voided. In the event of a dispute as to any Entry, the authorized account holder of the email address used to enter will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned a Instagram Account by Instagram.  For emails, the "authorized account holder" is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.

    6. POSTING RESTRICTIONS:

    • Each entry must be in English;
    • Each entry must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity, copyrights, trademarks or other intellectual property rights;
    • Each entry must not disparage Sponsor, Administrator, person or party affiliated with the Sweepstakes and administration of this Sweepstakes, or any of their respective products and/or brands;
    • Each entry must not in any way, either visibly or otherwise, contain any brand names, logos or trademarks which violate any third-party rights;
    • Each entry must not include personally identifiable information of any person other than Entrant;
    • Each entry must not contain material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous;
    • Each entry 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; and
    • Each entry must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any jurisdiction where the entry is created.
    1. GENERAL TERMS: Sponsor grants Entrant a limited, revocable, non-sublicensable license to use Sponsor’s name, product, trademarks and logos (collectively, “Sponsor’s IP”) for the sole purpose of participating in this Sweepstakes. Entrants are not permitted to make any further use of Sponsor’s IP for any purpose whatsoever. In addition, Entrants recognize that all rights, title, and interest (including associated goodwill) in Sponsor’s IP shall vest exclusively in and to the Sponsor, and hereby assigns the same to Sponsor to the extent not otherwise vesting in and to Sponsor, and Entrants agree that they have not and will not take any action that might harm or adversely affect such rights. No right, title, or interest in and to the Sponsor’s IP except for the limited license granted to the Entrants in these Official Rules is transferred or created. Each Entrant further acknowledges and agrees that Sponsor’s IP rights are valid and enforceable, and that Entrant shall do nothing to contest the validity or enforceability of Sponsor’s IP in any forum. Entrants agree that the use of Sponsor’s IP is permitted only for the purpose of entering this Sweepstakes, and that any use of Sponsor’s IP (whether in the Entry or otherwise) beyond this scope infringes the rights of Sponsor and will result in irreparable harm to Sponsor.

      Postings generated by script, macro or other automated means are void. Sweepstakes Entities are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected postings – all of which will be void. In the event of a dispute as to any posting, the authorized account holder (determined at time of the entry) of the e-mail address used to make the posting will be deemed to be the Entrant. The "authorized account holder" is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Each Entrant may be required to show proof of being an authorized account holder. Sponsor reserves the right to disqualify any Entrant and/or posting.

      By submitting a posting, an Entrant agrees that his/her posting is gratuitous and made without restriction, and will not place Sponsor under any obligation and that Sponsor is free to disclose or otherwise disclose the ideas contained in the posting on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to the Entrant. Entrant acknowledges that, by acceptance of his/her posting, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than the Entrant.  Entrant agrees that Sponsor may post the posting on its websites.

      Submitting a posting into the Sweepstakes constitutes Entrant’s consent to give Sponsor (or its designees or assigns) a royalty-free, irrevocable, perpetual, nonexclusive license to use, reproduce, modify, publish or create derivative works from and display the entry in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, Entrant will sign any documentation that may be required for Sponsor, Conagra Brands Inc. or their designees to make use of the nonexclusive rights Entrant is granting to use the posting. This license expressly includes a right (but not the obligation) for Sponsor and Conagra Brands Inc. to modify postings to remove any third party intellectual property. 

      If any persons other than the Entrant appear in the posting, the Entrant is responsible for obtaining, prior to entering the posting, any and all releases and consents necessary to permit the exhibition and use of the entry by Sponsor as set forth in these Official Rules.
    • RANDOM SELECTION OF THE WINNERS, ODDS OF WINNING, PRIZES, AND APPROXIMATE RETAIL VALUE (“ARV”):  
    • Prizes/ARV, FOUR (4) available:  One (1) “Prize” is available to be won for each Influencer Entry Period in accordance with the following chart:

    Influencer Entry Period

    Prize

    Approx. Retail

    Value

    Benjamin Nowak

    Fifteen (10) 5.35 oz. bags of BIGS seeds (winner to choose flavor), BIGS T-shirt, and a YETI Hopper Flip 12 Portable Cooler

    $292.00

    Zac Griffith

    Fifteen (15) bags of Duke’s Shorty Sausages 5.35 oz. or Brisket Strips 2.5 oz. (winner to choose flavor), Duke’s T-shirt, and a DJI Phone Camera Stabilizer

    $415.00

    MissyGotGame

    Fifteen (15) 5.35 oz. bags of BIGS seeds (winner to choose flavor), BIGS T-shirt, and a Xbox One S 500GB Console

    $292.00

    Courtney Cox

    Fifteen (15) 5.35 oz. bags of BIGS seeds (winner to choose flavor), BIGS T-shirt, and a $200 Burton Digital Gift Card

    $242.00

    Total All Prizes: $1,241.00

    1. Odds. The odds of winning a Prize depends upon the number of eligible entries into each Influencer Entry Period.
    1. HOW TO CLAIM A PRIZE:  Each potential Entrant winner will be contacted by Sponsor via direct message on Instagram and asked to provide their contact information and mailing address.  All federal, state and local taxes on a prize will be the responsibility of the winner.

      In the event that any message is returned as undeliverable, or if no response to the Notification from a potential Prize winner is received within forty-eight (48) hours from the date of the Notification, or if the potential prize winner does not comply with these Official Rules, his/her prize may, in the Sponsor’s sole and absolute discretion, be forfeited. In the event a prize is forfeited or not awarded for any reason, the Sponsor may or may not select an alternative prize winner in an additional random drawing.

      All prizes will be awarded provided that there are a sufficient number of Entrants.  All prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. Gift card may be subject to Retailer terms and conditions. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change, and in the event that Sponsor is unable to provide a winner with their prize, the Sponsor may elect, to provide such winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value.
    1. ELIMINATION: Any false information provided within the context of the Sweepstakes by any Entrant or any other non-compliance with these Official Rules or the like may result in the immediate elimination of the Entrant from the Sweepstakes. Any Entrant suspected of or found by Sponsor to be entering by automatic, programmed, script, bot, third-party or otherwise fraudulent method, at Sponsor’s sole discretion, will be disqualified and all points received as a result of participation will be discounted. If an Entrant is suspected of submitting fraudulent points or of inciting others to submit fraudulent points on his/her behalf, such points will be revoked and that Entrant may be disqualified, in Sponsor’s sole discretion. 

      Sponsor reserves the right to disqualify any person found or suspected of tampering with the point process or the operation of this Sweepstakes, to be acting in violation of these Official Rules, to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
    1. INTERNET: Sponsor and Instagram are not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor may, at its sole discretion, cancel, terminate, modify and/or suspend the Sweepstakes.  In the event the Sweepstakes is canceled, terminated, modified and/or suspended, Sponsor will review the points received up until that time and, provided there are enough eligible points to conduct the Sweepstakes, will proceed with the Sweepstakes as defined herein.
       
    2. LIMITATION OF LIABILITY:  IN NO EVENT WILL INSTAGRAM, THE SWEEPSTAKES ENTITIES, THEIR AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. Sponsor assumes no responsibility for undeliverable e-mails resulting from any cause, including any form of active or passive e-mail filtering by a user’s Internet Service Provider and/or e-mail client or for insufficient space in user’s e-mail account to receive e-mails.  By participating in this Sweepstakes, Entrants on behalf of themselves agree to release and hold harmless Instagram, Instagram and the Sweepstakes Entities, their affiliates and their respective directors, officers, employees and agents (collectively, the “Releasees”) from any and all liability for any injuries, losses or damages of any kind to persons, including death, or property arising in whole or in part, directly or indirectly, from acceptance, use or misuse of a prize, participation, or inability to participate in Sweepstakes, any points pertaining to the Sweepstakes or any Sweepstakes-related activity.  Releasees are not responsible for printing errors or for lost, late, unintelligible, misdirected, incomplete, damaged or garbled points/click throughs or any other documents. Releasees are not responsible for any: (a) telephone, computer, hardware, software, programming or interrupted or unavailable network, server or other connections, network malfunction, or other technical failures or errors, or failure to properly process points; (b) communication disruption or other forces beyond the reasonable control of the Sponsor, including inability to access the Entrant’s blog, make click throughs/secure points or other disruption related to Internet traffic, virus, bug, or non-authorized intervention; (c) damage caused by computer virus or otherwise resulting to any computer concerning Entrant’s blog or the URL given to the Entrant, whether human, mechanical or electronic; or (d) incorrect or inaccurate information whether caused by users or by any of the programming or equipment associated with or used in the Sweepstakes. Releasees shall not be liable to any Prize Winner or any other person for failure to supply a prize or any part thereof, by reason of any acts of God; any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entities (whether or not they prove to be valid); equipment failure; terrorist acts; earthquake; fire; flood; war; explosion; unusually severe weather; hurricane; embargo; labor dispute or strike (whether legal or illegal); labor or material shortage; transportation interruption of any kind; work slow-down; civil disturbance; insurrection; riot; or any other cause beyond Sponsor’s sole control. Releasees shall not be liable to any Prize Winner or any other person for damage to such person’s computer or its contents.

    3. DISPUTES:  THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF COLORADO, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE STATE OF COLORADO. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”).  THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN THE STATE OF ILLINOIS.  THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.

    4. GENERAL: All federal, state and local laws and regulations apply. Sponsor reserves the right, to disqualify any Entrant found, in its sole opinion, to be tampering with the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Sweepstakes. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Sweepstakes will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. All materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in Sweepstakes Materials (including but not limited to point of sale, television, and print advertising, packaging, and other Sweepstakes media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.

    5. USE OF DATA:  Sponsor will be collecting personal data about Entrants online, in accordance with its privacy policy.  Please review the Sponsor’s privacy policy at http://bigs.com/privacy/ OR https://dukesmeats.com/pages/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 privacy policy.
    1. WINNERS’ LIST: For the name of the prize winners, those interested print their name and address on a 3"x 5" card and mail it in an envelope to:  2017 BIGS and Duke’s December Instagram Sweepstakes, c/o 222 Merchandise Mart Plaza, Ste. 1300 – SW-115G, Chicago, IL 60654. Winner List requests will only be accepted after the Sweepstakes’ end date (listed above) and requests must be received no later than January 18, 2018.  
    This Sweepstakes is not sponsored, endorsed, administered by or associated with Instagram. Any third party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third party trademarks in these rules is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Sweepstakes.