Social Media Promotional Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING. FOLLOWING OBERTO BEEF JERKY ON SOCIAL MEDIA IS NOT REGUIRED FOR ELIGIBILITY OR PARTICIPATION IN ANY PROMOTION.
Oberto Sausage Company Social Media Contests are in no way endorsed or administered by, or associated with any social media channels including Facebook, Twitter or Instagram. Contestant “CONTENT”, as referenced below, includes all digital actions (photos, comments, replies, follows, gifs, video, audio recordings, etc.) on a social media channel.
Contestants will enter by meeting the CONTENT parameters defined by Oberto Sausage Company in each respective Contest. All contest are run on Pacific Standard Time (“PST”) and the duration is defined via Social Media messaging.
By participation in the defined contest you are indicating that you have read, understood and fully agree to these official rules. Do not submit content without first reviewing these official rules.
Partial or incomplete/piecemeal submissions as determined by Oberto Sausage Company will not be accepted as contest entries If your social media accounts are protected or private, your updates/responses may not be visible to Oberto Sausage Company thus, may not be received by Oberto Sausage Company.
CONTENT must be created for the sole purpose of the respective Contest (do not copy others’ works, in whole or in part. You must otherwise comply with the content guidelines below and other terms herein). Do NOT include personal information (e.g., your name, e-mail address or phone numbers) in the Content itself; if CONTENT contains personal information, it is your sole responsibility to remove all such personal information before uploading the content for the Contest. All CONTENT must comply with these Official Rules in all respects, including without limitation, the CONTENT Guidelines below.
To be eligible for the Contest, CONTENT must be submitted in compliance with the format and other requirements set forth on the website/platform where persons may submit entries; such requirements being made a part of these Official Rules and incorporated herein by reference.
You may only use one Social Media Account per channel to participate in the Contest. All content must comply with the respective social media channels’ rules and policies.
Contest is only open only to legal residents of the 50 United States and the District of Columbia, over the age of 18. Employees of Oberto Sausage Company, Inc. (along with its contractors, affiliates and subsidiaries), Household members, and Immediate family members are not eligible. Void in Puerto Rico and where prohibited by law. Contestants residing in those areas where the contest is void may participate in the contest but may not win any prizes. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three months a year, whether related or not. Void in Puerto Rico and where prohibited by law.
By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Oberto Sausage as final and binding as it relates to the content of this Campaign.
In addition to complying with all other requirements of these Official Rules; all CONTENT must comply with the following guidelines (“Content Guidelines”). Any CONTENT that Oberto Sausage Company, in their sole discretion, determines is in violation of any Content Guideline will be disqualified from the Contest (even if CONTENT is not thereafter deleted by Sponsor with approval of Instagram/Twitter). All CONTENT must not:
- Contain CONTENT that violates or infringes any third party rights of any kind, including without limitation, any third party privacy, publicity, trade secret and/or intellectual property rights, including third party registered and/or common law copyrights and trademarks;
- Disparage Oberto Sausage Company (or any person who endorses their products), Administrator, any other person or entity affiliated with the Contest or products, services or entities that are competitive with any of the foregoing;
- Contain brand names, trademarks or logos of any third party other than those owned by or licensed to Oberto Sausage Company subject to the CONTENT complying with all other requirements of these Official Rules (including these Content Guidelines) and/or on the Contest Page where persons may submit CONTENT (that is, Twitter, Instagram or Facebook, as applicable); entrant has a limited, non-exclusive, revocable license to use Sponsor’s trademarks (as the case may be) solely and only to incorporate them in his/her Content submitted in this Contest;
- Contain CONTENT not created by and original to entrant;
- Contain CONTENT that is misleading, inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- Contain CONTENT that reflects, advocates or promotes bigotry, racism, hatred, harm or exploitation of or against any class, group or individual, discrimination based on race, gender, religion, nationality, disability, sexual orientation or age, or actions or activities that are restricted, prohibited, illegal or unlawful (including without limitation, the consumption of alcohol or any other controlled substances);
- Contain CONTENT that is unlawful or in violation of or contrary to any applicable federal or state laws or regulations;
- Have been previously submitted in a promotion of any kind, or published, posted, exhibited or displayed publicly for commercial use by any means and in any form or media.
In addition to the foregoing, the CONTENT cannot:
- Contain executable programming of any kind, including without limitation, viruses, worms, Trojan horses, spyware, malware, time bombs, Easter eggs, cancel bots or any kind of malicious or benign computer programming whatsoever; and
- Contain encrypted content of any kind, including without limitation, encoded messages.
- If CONTENT cannot be opened, viewed and/or accessed by Sponsor or Administrator for any reason whatsoever, that CONTENT shall be disqualified without any fault or liability of the Released Parties, as defined below.
- Sponsor grants qualified entrant a limited, non-transferable, non-exclusive, non-sublicensable, revocable right to use their respective trademarks solely for purposes of and limited to including them in the CONTENT submitted in this Contest; such right and license will automatically expire without further act of any party at the expiration of the Promotion Period, unless specifically extended on an individual basis by Sponsor in writing in its sole discretion. Any other use of the trademarks of Sponsor will be a violation of Sponsor’s intellectual property rights in same, as applicable. Sponsor’s items (including its respective trademarks) cannot be modified, adapted, or edited by entrant; the preceding only excludes modifications due to technological limitations or malfunctions.
- All CONTENT represent solely the views/opinions of the contestant and do not reflect Oberto Sausage Company in any manner. Oberto Sausage Company expressly disclaims any and all liability in conjunction with such posted CONTENT.
All Contest contestants agree to be bound by these Official Rules. Oberto Sausage Company in its sole discretion, reserves the right to disqualify any person it finds to be tampering with the entry process, or the operation of the contest is otherwise in violation of these rules.
4. WINNER SELECTION
Employees or Contractors of Oberto Sausage Company will judge the contest, at their own discretion. All decisions of the judges are final. Oberto Sausage Company will notify the winner via the respective Social Media Channel messaging system. Oberto Sausage Company shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 1 day from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected.
Winners will receive the prize referenced in the respective contest. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Oberto Sausage Company. No cash or other prize substitution shall be permitted except at [your company name’s] discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Oberto Sausage Company to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. GENERAL CONDITION
Contestants hereby grant Oberto Sausage Company a non-exclusive, perpetual, worldwide license to broadcast, publish, store, reproduce, distribute, syndicate, and otherwise use and exhibit the Submitted CONTENT (along with their names, voices, performance and/or likenesses) in all media now known and later come into being for purposes of trade or advertising without further compensation. Contestants represent and warrant that they have full legal right, power and authority to grant Oberto Sausage Company the foregoing license and if applicable, have secured all necessary rights from any contestants in, and contributors to, their Submission in order to grant such a license.
Oberto Sausage Company is under no obligation to use any Submission or return the Submissions to Contestants.
Under Certain Circumstances, winners will be required to execute and return a Certificate of Eligibility, Consent and General Release form within 14 days of notification. Non-compliance within this time period may result in disqualification and selection of an alternate winner. Any income tax liability is the sole responsibility of the winner.
Oberto Sausage Company reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond Oberto Sausage Company’’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, Oberto Sausage Company may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Oberto Sausage Company. Oberto Sausage Company reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. Oberto Sausage Company has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, Oberto Sausage Company reserves the right to seek damages to the fullest extent permitted by law.
7. USE OF CONTEST INFORMATION
All entries become the property of Oberto Sausage Company. The Oberto Sausage Company reserves the right to use any and all information related to the contest, including submissions provided by the contestants, for editorial, marketing and any other purpose, unless prohibited by law.
8. LIMITATIONS OF LIABILITY
By entering, You agree to release and hold harmless Oberto Sausage Company and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
THIS Campaign is governed by the United States and Washington State, without respect to conflict of law doctrines. As a condition of participating in this Campaign, contestant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Washington having jurisdiction. Further, in any such dispute, under no circumstances shall contestant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than contestant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
11. WINNERS LIST
The names of the winner may be obtained by sending a self-addresses stamped envelope to: Social Media Contests, Oberto Sausage Company 7060 SOUTH 238TH STREET KENT, WA 98032-2914.