OLD BAY Ultimate Holi-Bay Contest OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID IN PUERTO RICO AND WHERE PROHIBITED OR RESTRICTED BY LAW. THIS PROMOTION IS INTENDED FOR VIEWING IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. YOU ARE NOT AUTHORIZED TO PARTICIPATE IN THIS CONTEST IF YOU ARE NOT LOCATED WITHIN THE 50 UNITED STATES OR DISTRICT OF COLUMBIA AT THE TIME OF ENTRY. MUST BE 18 YEARS OF AGE OR OLDER.
1. Eligibility: The Ultimate “Holi-Bay” Contest is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Entrants must have a Facebook account and be a fan of the OLD BAY Facebook Fan Page. Employees, officers and representatives of McCormick & Company, Inc., any of its respective parent and affiliate companies, marketing agencies, distributors, licensors and prize providers, franchisees and their employees, suppliers (collectively, “Released Parties”) as well as the immediate family members (spouse, parents, siblings, children or “step” of each, regardless of where they reside) and/or those living in the same household of each (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of this Contest) are not eligible to participate or win. Void in Puerto Rico and where prohibited or otherwise restricted by law. All federal, state and local laws and regulations apply. This Contest is intended for viewing in the United States only and shall only be construed and evaluated according to the United States law. You are not authorized to participate in the Contest if you are not located within the United States. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Independent Agent’s decisions, which are final and binding in all matters related to the Contest. Winning the prize is contingent upon fulfilling all requirements set forth herein.
2. Timing: Contest begins at 9:00:01 a.m. Eastern Daylight Time (EDT) on November 19, 2009 and ends at 11:59:59 p.m. EDT on December 25, 2009. (the “Contest Period”). Sponsor’s computer is the official clock of this Contest.
3. How to Enter: During the Contest Period, entrants will upload a photo to the Facebook fan page. By posting a picture and entering the contest, you indirectly accept and agree to these rules. Posted photos will automatically be stored in the “Fan Photos” photo gallery. Posted photos are eligible for votes from fellow OLD BAY fans throughout the Contest Period Use of script, macro, or other automated systems to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder will be deemed to be the participant. The “authorized account holder” is the natural person assigned a Facebook account. The potential winner may be required to show proof of being the authorized account holder.
4. How to Win: Winning photos will be selected based on how many cumulative “likes” an image receives from fellow fans on the OLD BAY Facebook page over the course of the contest period. Entries are limited to one photo posting per person per week, and each fan is eligible to win just one prize. If more than one photo submitted by a fan receives the most votes, then the fan who received the next highest number of votes will be selected as the winner.
5. How to Vote: To vote, fans will “like” photos that are posted. “Likes” will only count as a vote if posted within the Contest Period.
6. Conditions of Entry: Uploading a photo constitutes entrant’s consent to give Sponsor (or its designee) a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions 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 necessary, entrant will sign any necessary documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the photo. The photo can be in color or black and white and must be entrant’s own original work which has been legally obtained and created and cannot contain any copyrighted materials, except the trademarked OLD BAY logos; has not been entered in previous promotions or won previous awards; and has not been published or distributed previously in any media, except in conjunction with media related to this Contest. The submission cannot contain any inappropriate clothing or adornments, or display any commercial/corporate advertising (including but not limited to corporate logos, brand names, slogans, political, personal and religious statements) and they must not contain defamatory gestures (including words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group); they may not contain any lewd or sexually explicit suggestive content; they may not contain any content that promotes use of alcohol, tobacco, firearms/weapons, or any violent, unsafe or dangerous behavior; and must not in any other way violate applicable federal, state or local laws and regulations as determined by Sponsor, in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any entry that, in its sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Contest or any other person or entity, or does not comply with these requirements or these Official Rules. Submissions must be suitable for presentation in a public forum, in sole determination of Sponsor. If the submission contains any person(s) other than the entrant, by entering this Contest entrant agrees to receive permission from other person(s) featured in the photo (or from parent/legal guardian if other person(s) featured are considered minors in their state of residence) for Sponsor to use their likenesses for publicity including posting on website(s) and can make written copies of such permissions available to the Sponsor upon request.
7. Awarding of Prizes: Prizes: Weekly Prizes (5): One (1) potential winner will be selected for each week of the Contest Period for a total of (5) winners:
- 1 Steamer = $30
- 1 Fryer = $30
- 1 Inner Tube = $10
- 2 T-Shirts = $10
- 2 Cups = $5
- 5 Tattoos = $2
- 5 Sample Packs = Less than $1
- OLD BAY Product (including, 6oz can, 30% LS, Garlic & Herb, Lemon & Herb, Dip & Crisp, Steamers, Rub, Crab Cake, Salmon Cake) = $25
- Visa Gift Card = $25
Total Gift Prize Pack Value = Approximate Retail Value (ARV) $140
A Winner will be determined on or about each Friday of the Contest Period. Potential winners will be notified via his or her Facebook account and will be required to sign an Affidavit of Eligibility/Liability & Publicity Release (provided by the OLD BAY Insider) and sign and return the documents by the date specified herein and/or in the notification email (except where prohibited) to claim his or her prize. If Sponsor does not receive the executed Affidavit of Eligibility /Liability & Publicity Release by the required date, prize will be forfeited and an alternate winner will be chosen. In addition, potential winner will be required to provide full contact information (i.e., full name, address [P.O. Boxes not permitted], email, and phone number and age) for prize redemption within five (5) days or forfeit the prize. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by determining the next highest number of “Likes” associated with all remaining eligible entries. The potential winner is subject to verification by Sponsor/Independent Agent whose decisions are final and binding in all matters relating to this Contest. An entrant is not a winner of any prize unless and until entrant’s eligibility is verified.
8. Prize Conditions: Potential winners will not be able to choose the prize they receive. Proof of eligibility is required in order for potential winner to claim their prize. Prizes cannot be transferred, substituted or redeemed for cash except at Sponsor’s sole discretion. Prizes are not transferable. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Sponsor reserves the right to substitute a prize with a prize of equal or greater value in the event that the prize (or any component thereof) is not available. Limit one (1) prize per entrant. Sponsor will not replace any lost, mutilated, or stolen prizes.
9. Miscellaneous: By participating, entrants agree to be bound by these Official Rules and agree that: 1.) Released Parties and their designees and assigns shall have the right and permission to use (unless prohibited by law) their name, voice, city/state of residence, photograph, and/or likeness for advertising and/or trade and/or any other purpose in any media or format now or hereafter known worldwide in perpetuity without further compensation, permission or notification and 2.) Released Parties and their designees and assigns and all of their respective officers, directors, employees, representatives and agents shall have no liability and entrant will indemnify, defend and hold Released Parties harmless from any liability, loss, injury, or damage to entrant themselves or any other person or entity, including personal injury, death or damage to personal or real property, to entrant or any other person or entity due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of the prize (including any prize activity or travel related thereto) or participation in this Contest. Sponsor reserves the right, in its sole discretion, to disqualify any entry and to modify, terminate or suspend part or all of this Contest should virus, bugs, non-authorized human intervention, action of entrants, or other causes beyond the control of Sponsor corrupt or impair the administration, security, fairness or proper play of the Contest and, if the Contest is modified, terminated or suspended, at Sponsor’s discretion, select a winner from those eligible, non-suspect entries received for that day prior to the event requiring such modification, termination or suspension. Sponsor and its promotion and advertising agencies are not responsible for any printing errors, technical, hardware, software or telephone failures of any kind, lost or unavailable network connections, fraud, incomplete, garbled or delayed computer transmissions, whether caused by the Sponsor, users or by any of the equipment or programming associated with or utilized in the promotion or by any technical or human error which may occur in the processing of submissions which may damage a user’s system or limit a participant’s ability to participate in the promotion. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Released Parties or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
10. Disputes: By entering the Contest, entrants agree that 1.) Any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; 2.) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and shall not include any punitive, consequential or other damages, including costs associated with entering the Contest but in no event attorneys' fees; and 3.) Under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and Sponsor or the Released Parties in connection with the Contest, shall be determined by Sponsor in its sole and absolute discretion. These rules shall be governed by, and construed in accordance with the laws of the State of Maryland without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of Maryland. Any legal proceedings arising out of this Contest or relating to these Official Rules shall be instituted only in the federal or state courts located in the State of Maryland, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The value of the Contest prizes set forth above represents Sponsor’s determinations of the ARV in its sole and absolute discretion thereof and such determinations are final and binding and cannot be appealed. If the actual value of any prize turns out to be less than the stated ARV, the difference will not be awarded in cash.
11. Entrant's Personal Information: Information collected from Entrant is subject to Sponsor’s Privacy Policy. Visit http://www.oldbay.com for more information.
12. Winners List/Rules: For a winner’s list or copy of the Official Rules, send a stamped, self-addressed envelope for receipt by January 25, to McCormick & Company, Incorporated, “ Ultimate “Holi-Bay” Contest” Contest Rules, c/o OLD BAY Consumer Affairs, 211 Schilling Circle, Hunt Valley, MD 21031. Please specify whether your request includes Contest Rules or winner information. VT residents may omit return postage. You may also review the rules at [insert website link if you plan to post them to the OLD BAY site, or to the Facebook fan page].
13. Sponsor: McCormick & Company, Incorporated, 211 Schilling Circle, Hunt Valley, MD 21031