Please read these rules before entering the Johnsonville Bratsgiving Contest (the “Contest”). By submitting an entry, you agree to be bound by these rules and represent that you satisfy all Contest eligibility requirements.
The Contest is sponsored by The Albertsons Companies, LLC, 250 E. Parkcenter Blvd., Boise City, ID 83706 (“Albertsons/Safeway”) and Johnsonville, LLC, N6928 Johnsonville Way, Sheboygan Falls, WI 53085 (“Johnsonville) (collectively “Sponsors”).
Contest is administered by Crescendo Collective, 131 W Seeboth St., Suite 400, Milwaukee, WI 53204 (“Administrator”).
3. Agreement To The Official Rules.
By participating in the Contest, all entrants fully and unconditionally agree to and accept these Official Rules and the Sponsors’ decisions which are final and binding in all matters related to the Contest. Winning a prize (described below) is contingent upon fulfilling all requirements set forth herein.
4. Contest Period.
Contest begins at 12:00:00 a.m. Central Daylight Saving Time (“CDT”) on August 2nd, 2017 and ends at 11:59:59 p.m. CDT on August 26, 2017. The Contest computer, as determined by Administrator in its sole discretion, is the official time keeping device for the Contest. Winners will be announced on or about August 31, 2017.
Open to individuals who are 18 years of age (or the age of majority in their state of residence, whichever is older) or older and only legal residents of Alaska, Arizona, Arkansas, California, Colorado, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Louisiana, Maine, Maryland, Massachusetts, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Dakota, Oregon, Pennsylvania, Rhode Island, South Dakota, Texas, Utah, Vermont, Virginia, Washington and Wyoming. Employees of Sponsors, Administrator, their agents, affiliates, subsidiary and parent companies, sales representatives, distributors, wholesalers, licensees, advertising and promotion agencies and members of the immediate families or households of each such employee are not eligible to enter or win. Void where prohibited.
6. How To Enter.
Enter online by visiting the Johnsonville website at www.bratsgiving.johnsonville.com (the “Website”), following the links to the online entry form within the Contest Period timeframe. Entrants must (a) select their home Albertsons Companies brand store (Albertsons, Safeway, Amigos, Star Market, Pavilions, Tom Thumb, Jewel Osco, Shaw’s, Acme, Randalls, Carrs, Market Street, United Supermarkets, Lucky, Vons, or Albertsons Market) (the “Home Store”); and (b) describe the Bratsgiving holiday wish that they wish to be fulfilled (“Wish”). Entrants who complete the online entry form must include entrant’s name, email address, and full mailing address. There is no limit on the number of entries. Entries become the property of Sponsors and will not be acknowledged or returned.
7. Entry Requirements.
Entries (i) must be the original and sole creation of the submitting entrant, and all right, 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, (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; and (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 group, or threats to any person, place, business, or group. 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’ 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.
Odds of winning depend on the total number of eligible entries received during the Contest Period. Winning is dependent upon the originality of entries received, how feasible and realistic the wish is to accommodate, and consistency with the Johnsonville brand image. If you enter the Contest online, you can also opt-in to receive promotional offers and emails from Sponsors. You can opt-out of receiving such offers and emails at any time and opting-in does not impact your chances of winning.
9. Selection of Winners.
Entrants will be separated into fifteen different groups, based upon the home Albertsons/Safeway store selected by the entrant during the entry process (each a “Home Store Group”). A panel of judges will judge eligible entries on the basis of the following criteria:
Each entry will then be awarded a score from 0 (poor) to 100 (perfect) in each category (the “Judging Round”). Sponsor will weight and tally all of the scores for each entry and then rank them according to cumulative score. The entrant with the highest cumulative score in each of the Home Store Groups will be the deemed the Provisional Finalist for the respective region, and the Provisional Finalist with the highest score will be the Provisional Grand Prize Winner. In the event of a tie, the Provisional Finalist/Provisional Grand Prize Winner will be the entry among the tied entries with the higher score in the category of Originality. In the event of a further tie, the Provisional Finalist/Provisional Grand Prize Winner will be the entry among the still tied entries with the higher score in the category of Consistent with Sponsor Brand Image. In the event of a further tie, the still tied entries will be re-judged by a new panel of judges using the criteria above. Decisions of judges are final and binding in all respects. Sponsors reserve the right to select no Finalist from a particular region if the quality or quantity of eligible entries from that region is insufficient.
The Provisional Finalists and Provisional Grand Prize Winner will be notified by phone and/or email (the “Notification”) on or about August 31, 2017 and will be required to respond to the Notification according to the directions in the Notification within twenty-four (24) hours of the time the Notification was made by Sponsors or their designee. Upon successfully responding to the Notification in accordance with these Official Rules, the Provisional Finalist/Provisional Grand Prize Winner will be declared a Finalist/Grand Prize Winner. If the Provisional Finalist/Grand Prize Winner does not respond to the Notification according to the directions in the notification within twenty-four (24) hours of the time the message was sent by Sponsors then the Provisional Finalist/Grand Prize Winner will be disqualified and the entrant with the next highest cumulative score for that respective region, or in the case of the Grand Prize Winner, the next highest cumulative score from among the remaining Finalists, will be selected as a Provisional Finalist/Grand Prize Winner. This process will continue until the earlier of (a) September 6, 2017 or (b) until all Finalists are selected.
A PARTICIPANT, INCLUDING A PROVISIONAL FINALIST, IS NOT A WINNER OF A PRIZE UNLESS AND UNTIL SPONSOR HAS COMPLETED ITS VERIFICATION OF PARTICIPANT’S ELIGIBILITY AND COMPLIANCE WITH THESE OFFICIAL RULES.
One (1) Grand Prize: Grand Prize Winner’s Wish will be fulfilled by Sponsor. Wish fulfillment will be coordinated with Sponsor and may be modified by Sponsor in its sole discretion. Approximate Retail Value (“ARV”) of Grand Prize will not exceed $4000. In the event the Grand Prize Winner’s Wish fulfillment can be fulfilled for less than $4,000, Grand Prize Winner shall only be entitled to the fulfillment of the Wish. Grand Prize Winner shall not be entitled to the difference between the value of the fulfillment of the Wish and maximum ARV of the Grand Prize.
Fifteen (15) Finalist Prizes: Each Finalist will receive a $400 gift card as to cover “Groceries for a Month” to the entrant’s Albertsons/Safeway Home Store. Gift card is subject to issuer’s terms and conditions. ARV of each Finalist Prize is: $400.
ARV of all prizes will not exceed $11,000
Any difference between the stated ARV and actual value, if any, will not be awarded. All federal, state and local taxes and all other costs and expenses associated with the acceptance and use of a prize not specifically set forth herein as being provided is the responsibility of the respective prize winner.
All prize details are at Sponsors’ sole discretion. Winners may also be featured on the Sponsors’ websites and social media, in brand news releases and other trade communications. The decision to feature any winner is at the sole discretion of the Sponsors. Winners acknowledge that Sponsors have no further obligation other than to award the advertised prize. No prize transfers, cash redemptions or substitutions except by Sponsors as provided herein. Sponsors reserve the right, in its sole discretion; to award a prize of equal or greater value should the advertised prize become unavailable.
The participants selected as Provisional Finalists may be required to provide their valid Social Security Number to Sponsors or Administrator for tax purposes and/or complete an IRS W-9 in order to claim the prize. As a condition of receiving a prize, the Provisional Finalist may be also required to complete, sign and have notarized an affidavit of eligibility, a copyright assignment, a liability release and, except where prohibited by law, a publicity release, which must be returned via electronic mail or hand delivery within the period set forth in the Notification.
12. General Terms.
Subject to federal, state and local laws and regulations, by entering, entrants (a) agree to be bound by the official rules and the decisions of the judges; and (b) consent to the use of his/her name and/or likeness for advertising and promotional purposes in connection with this brand, unless prohibited by law. Neither Sponsors, Administrator, nor their agencies are responsible for any incorrect or inaccurate information, whether caused by Website users, or by any equipment or programming associated with or utilized in this Contest; and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of the Website/Contest application. Sponsors reserve the right to disqualify any non-conforming entries. Sponsors further reserve the right, in their sole discretion, to cancel, terminate or modify this promotion if not capable of completion as planned, including infection by computer virus, technical corruption, non-authorized human intervention or force majeure. In the event of cancellation, Sponsors reserve the right to select winners from among all eligible entries received prior to date of cancellation. The use of automated entry systems or any other conduct that impedes the integrity of the Contest is prohibited. In the event of a dispute regarding online entry, entry will be deemed made by the authorized account holder of an established e-mail account associated with the entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet Access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted email address.
By entering, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsors in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, without giving effect to any choice of law or conflict of law rules. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located in Wisconsin. Except where prohibited, by participating in this Contest, each entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or awarding of the prizes, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest but in no event attorneys' fees; and (c) under no circumstances will any entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
13. General Release.
BY ENTERING THE CONTEST AND/OR ACCEPTING ANY PRIZE, EACH ENTRANT RELEASES THE SPONSORS, ADMINISTRATOR AND THEIR RESPECTIVE AFFILIATES AND RELATED COMPANIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND OTHER REPRESENTATIVES FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, INJURIES, LOSSES, OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE CONTEST, WITH THE ACCEPTANCE, POSSESSION OR USE OF ANY PRIZE (INCLUDING WITHOUT LIMITATION, CLAIMS, COSTS, INJURIES OR LOSSES RELATED TO PERSONAL INJURIES, DEATH, DAMAGE TO OR DESTRUCTION OF PROPERTY, RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LIGHT).
14. Winners’ List.
For a list of winners’ names, available after August 31, 2017, send a separate, self-addressed, stamped envelope to Crescendo Collective, Attention: Johnsonville Bratsgiving Contest Winner List, 131 W. Seeboth St., Suite 400, Milwaukee, WI 53204. VT residents may omit return postage. Requests must be received no later than October 1, 2017.
Appendix – Participating Albertsons Companies Home Stores