Foodsaver® Gamesaver® Father’s Day Contest Official Rules

The following rules and regulations apply to the contest (“Contest”).

Contest Terms and Conditions
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. INTERNET ACCESS AND EITHER A VALID PUBLIC INSTAGRAM, OR FACEBOOK ACCOUNT ARE REQUIRED TO ENTER.

Promotion Description: By participating in a Contest, each entrant (“Entrant”) unconditionally accepts and agrees to comply with and abide by these Official Rules.

Sponsor: This Contest is sponsored by Sunbeam Products, Inc. (“Sponsor”), located at 6655 Peachtree Dunwoody Road, Atlanta, GA 30328, who has appointed Everywhere Agency (“Everywhere” or “Administrator”) to administer the Contest. All decision of Sponsor, the Administrator and the Judges shall be final and binding in all respects. The Administrator is responsible for the collection, submission or processing of entries and the overall administration of the giveaway. Entrants should look solely to the Administrator with any questions, comments or problems related to the Contest.

Eligibility: Open to legal residents of the U.S. who are physically located in the U.S. or the District of Columbia, age 18 or older with the exclusion of Hawaii. Proof of residency and age may be required. Sponsor, Everywhere, the Sporting Chef, and their parents, affiliates, sales representatives, advertising and promotion agencies, clients and each of their respective members, officers, directors, employees and contractors (collectively, the “Promotion Entities”), and members of their immediate families and/or persons living in the same household as such persons, are ineligible to enter the Contest or win a prize. Void in all jurisdictions other than the U.S., and where prohibited by law. All federal, state, and/or local laws, rules and regulations apply.

Entry: No purchase necessary to enter or win. A purchase will not improve your chance of winning. The Contest period begins at 12:00 am ET on May 29, 2018 and ends at 11:59 pm ET on Jun 17, 2018 (“Entry Period”). Sponsor’s clock shall be the official timekeeper for the Contest. To enter, follow the instructions for the required entry.

  • Participants must share a photo on either Facebook or Instagram that celebrates fatherhood and captures a precious memory between dad and child in order to connect with the Preserve the Moment theme, using this specific hashtag: #PreserveTheMomentContest.
  • If the entry is submitted via Instagram, the entrant’s profile must be public. If the entry is made on Facebook, the post must be public.

Entrant may submit one entry on each social media channel during the Entry Period. For example, Entrant may submit one entry on both Instagram and Facebook, for a total of two entries. Entrant may not, however, submit two entries via Facebook. In the event that Entrant submits more than one entry on each social media channel, only the first entry will be considered as a valid entry into the Contest.

This promotion is not sponsored, endorsed, or affiliated with Facebook or Instagram in any way. Entrants release Facebook and Instagram from any liability.

In the event of a dispute as to the identity of the winner, such winner will be deemed to be the owner of the social media account that submitted the entry.

Entries that are lost, late, misdirected, illegible, incomplete, unreadable, damaged, destroyed, delayed, tampered with, incomprehensible, forged, mutilated, stolen, misdirected, inaccurate, unintelligible or otherwise not in compliance with these Official Rules will be disqualified. All entries generated by a script, macro or other automated/repetitive electronic means will be disqualified and ineligible for the Contest.

Winner Selection: Sponsor has appointed Everywhere and The Sporting Chef (collectively as the “Judges”) to serve as judges of the Contest on Sponsor’s behalf. On or about June 21, 2018, the winners of the Contest will be selected by the Judges from among all eligible entries received throughout the Promotion Period. The Judges will base the winner selections on the following criteria:

  • 40%: Adherence/Appropriateness to Theme: all entries must share an image that celebrates fatherhood and captures a precious memory between dad and child.
  • 40%: Originality/Creativity: All images will be judged on their originality/creativity in interpreting the theme.
  • 20%: Social Engagements on Post: Social engagement will be determined by the channel on which the entry is submitted.
    • On Instagram, engagement is defined as likes and comments;
    • On Facebook, engagement is defined as likes, comments, and shares.

Odds of winning will vary depending on the number of eligible entries received and adherence to judging criteria. In the event of a tie, the entry with the higher score in the combined categories of “Adherence/Appropriateness to Theme” and “Originality/Creativity” will be deemed the winner. If the entries are tied on this score, the selection of the winner will be left to the Judges’ sole discretion.

Originality and Plagiarism Policy: All entries must be original, and must not be a copy of any existing work. Whether you intend to or not, claiming that someone else’s work is your own (“plagiarism”) is a serious violation of copyright law. Plagiarism and forgery result in criminal sanctions, fines and civil damages. Any entry that is not an original piece from the entrant will be disqualified.

Winner Notification: Winner will be notified by direct message on the social media channel where the entry originated after the close date. Potential winner must accept a prize by direct message as directed by Everywhere within 48 hours of notification. Any winner notification not responded to or returned as undeliverable may result in prize forfeiture.

Sponsor and Administrator shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. In Sponsor’s and Administrator’s sole discretion, a selected winner may be disqualified and required to forfeit his/her prize(s) and an alternate winner may be selected in accordance with these Official Rules from among the remaining eligible entries if the selected winner: (i) is unreachable as described above or winner notification is returned as undeliverable; (ii) declines or cannot accept, receive or use the prize for any reason; or (iii) fails to comply with these Official Rules. Forfeited prize may not be awarded. No substitution or transfer of a prize is permitted except by Sponsor.

Prizes: Entrants will be eligible to receive one of three prizes, the grand prize or one of two runner-up prizes. Descriptions of the prizes follow are:

  • The third-place winner will receive (approximate retail value of $1,140.81), which includes:
    • A complete GameSaver® System;
    • Fenwick® Eagle Travel Spinning Rod;
    • Pflueger® President Spinning Reel;
    • Berkley® Stainless Steel Pro Knife;
    • Coleman® 55 qt super cooler and 360° Sound and Light Lantern;
    • Contigo® AUTOSEAL West Loop;
    • Camp Chef Cast Iron Cooking package;
    • HI Mountain seasonings beef jerky;
    • Artic Ice 1 Large Tundra, 1 Large Alaska and 1 Large Chillin Brew;
    • Work Sharp sharpeners and gear.

       

  • The second-place winner will receive (approximate retail value of $1,407.81), which includes:
    • A complete GameSaver® System;
    • Fenwick® Eagle Travel Spinning Rod;
    • Pflueger® President Spinning Reel;
    • Berkley® Stainless Steel Pro Knife;
    • Coleman® 55 qt super cooler and 360° Sound and Light Lantern;
    • Contigo® AUTOSEAL West Loop;
    • Camp Chef Flat Top Grill;
    • HI Mountain seasonings multipack;
    • Artic Ice: 1 XL Tundra, 1 XL Alaskan, 1 XL Chillin Brew;
    • Work Sharp sharpeners and gear.

       

  • Grand Prize: One (1) winner will receive the grand prize (approximate retail value of $8,622.81):
    • Cooking with the Sporting Chef in their home, for up to ten people;
    • A complete GameSaver® System;
    • Fenwick® Eagle Travel Spinning Rod;
    • Pflueger® President Spinning Reel;
    • Berkley® Stainless Steel Pro Knife;
    • Coleman® 55 qt super cooler and 360° Sound and Light Lantern;
    • Contigo® AUTOSEAL West Loop;
    • Camp Chef Pellet Grill, cover, and pellets;
    • HI Mountain seasonings multipack;
    • Artic Ice Cooler Packs: 2 XL Tundra, 2 XL Alaskan, 2 XL Chillin Brew;
    • Work Sharp sharpening pages;
    • SportDOG 425 E-Collar

Only one prize per person and per household will be awarded. Prizes cannot be transferred, redeemed for cash or substituted by winner. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. Sponsor and Administrator reserve the right to request a W9 from all prize winners, in addition to a Winner Affidavit. The ARV of the prize represents Sponsor’s good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen prize items. Prize will only be awarded and/or delivered to addresses within the U.S. Only. All federal, state and/or local taxes, fees, and surcharges are the sole responsibility of the prizewinner. Failure to comply with the Official Rules will result in forfeiture of the prize.

Entrant Likeness Release & License to Display Submission: Entrant grants Sponsor and Administrator the right to use Entrant’s image and visual likeness in all forms for promotional purposes. Entrant waives: (a) any right that the Entrant may have to inspect or approve the use of the submission and (b) any right to royalties or other compensation related to the use of the image.

Entrant grants Sponsor and Administrator a royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, publish, translate, create derivative works from, distribute, and display content created by Entrant (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

Third-Party Likeness Release: Entrant warrants and represents that Entrant has obtained permission to feature any third parties included in the entry. In the case that any third parties are minors, Entrant has obtained permission from the minor child’s parent or guardian to feature said minor child in the entry. In obtaining all such permissions, Entrant has made any third parties granting their authorization aware that the image is subject to the release and license described herein.

Grand Prize Recipient Likeness and Biographical Information Release: Entrant understands and agrees that Entrant will be required to sign a separate likeness and biographical information release if Entrant is selected for the grand prize. Sponsor will feature photos of Cooking with the Sporting Chef on its social media channels and for other promotional purposes.

Privacy: All entrants acknowledge that if they are chosen as a winner, certain of their personally identifying information may be disclosed to third parties at least as required by law, including, without limitation, names and mailing addresses on a winner’s list. All personal information submitted as part of the Contest may be shared by and between the Promotion Entities, and each of the Promotion Entities will use such information in accordance with their respective independent online privacy policies which can be found here for Everywhere Agency and here for FoodSaver®.

General Conditions and Limitation of Liability: By participating in the Contest, each entrant agrees to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects and cannot be appealed. By entering, each entrant agrees to release, discharge, indemnify and hold harmless Sponsor and each of their respective parent companies, affiliates, divisions, subsidiaries and advertising/promotion agencies involved in this Contest, and each of their respective employees, officers, shareholders, directors, representatives and agents (collectively “Releases”) from and against any claim, damages, and/or liabilities involving or arising out of: (i) late, lost, stolen, delayed, misdirected, mutilated, incomplete, unreadable, inaccurate, garbled or unintelligible submissions or notices; (ii) email, telephone system, facsimile, technical or computer malfunctions, lost connections or transmissions, disconnections or other errors of any kind whether mechanical, human, electronic or otherwise relating to or in connection with the Contest, including, but not limited to, errors which may occur in connection with the administration of the Contest, technical problems with the Website or any other associated website, including, but not limited to any error, omission, interruption, deletion, defect, delay of operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses, costs, expenses or damages to person or property of any kind caused, in whole or in part, directly or indirectly, by the prize or resulting from redemption, acceptance, possession, loss or misuse of any prize from participating in the Contest or any Contest related activity (including, without limitation, any travel or activities related hereto); (v) inability to participate in the Contest; or (vi) any printing, typographical, human, administrative or technological errors in any material associated with the Contest.

In the event more winner notifications are issued, or more winning prize claims are received, than the number of prizes set forth in these Official Rules due to computer, printing, human or other error or problem, a random drawing will take place from among all eligible prize claims for the prize(s) at issue to award the proper number of prizes as set forth in these Official Rules. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. No more than the number of prizes stated in these Official Rules will be awarded.

By entering the Contest, each entrant agrees that (i) any and all claim, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering the Contest, but in no event will attorneys’ fees be awarded or recoverable; and (ii) under no circumstances will any entrant be permitted to obtain any award for (and each entrant hereby knowingly and expressly waives all rights to seek) punitive, incidental or consequently damages and/or any other damages, other than actual out of pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased.

Sponsor is not responsible for:

(i)     lost, late, misdirected, illegible, incomplete, unreadable, damaged, destroyed, delayed, forged, tampered with, mutilated or stolen entries, or any other unsuccessful attempts at participating;

(ii)   any error, omission, interruption, deletion, defect, delay of operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries;

(iii)  any incorrect or inaccurate information, whether caused by website 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 submissions in the Contest;

(iv)  any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Contest;

(v)    other errors of any kind whether mechanical, human, electronic or otherwise.

If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Contest. Sponsor may, in its sole discretion, prohibit an entrant from participating in the Contest or winning a prize if Sponsor determines entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception or other unfair practices or intending to annoy, abuse, threaten or harass any other entrant or any Sponsor representatives. In the event of cancelation, termination, modification or suspension of the Contest, Sponsor may, in its sole discretion, perform the random drawing from among all eligible entries received prior to or after such cancellation, suspension, or modification.

The interpretation of these Official Rules shall be governed by the Laws of Georgia without regard to choice of law principles.