PARTY WITH PASTRANA SWEEPSTAKES
Important: Please read these rules before entering this Sweepstakes (the “Sweepstakes”).
By participating in this Sweepstakes, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
Sweepstakes void where prohibited by law. Subject to applicable federal, state, and local laws.
1. Eligibility: The Sweepstakes is open only to individuals who are residents of the 50 United States and the District of Columbia who are at least age 13 at the time of entry. Directors, officers, members, managers, and employees of Oberto Snacks Inc. (“Sponsor”), Facebook, Inc., and any of their respective parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising, promotional, public relations, and fulfillment agencies, consultants, legal counsel, website providers, web masters, and immediate family members (spouses, parent, child, sibling, grandparent, and “step” child, wherever they may live) of each are not eligible to win any prize. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE. If you are under the legal age of majority in your state of residence (a “Minor”), one of your parents or legal guardians agrees that they have read, understood and agree to these Official Rules with your entry, and that such agreement constitutes acceptance of these Official Rules on behalf of you and themselves. To be eligible to win a prize, entries must be completed and received by Sponsor in the manner and format designated below.
2. Sweepstakes Period: The Sweepstakes starts at 12:00:01 a.m. Eastern Time (ET) on July 15, 2016 and ends at 11:59:59 p.m. ET on September 3, 2016 (the “Sweepstakes Period”). All entries must be received during the Sweepstakes Period and meet other requirements in these Official Rules to be eligible to win a prize. Sponsor’s or its designee’s computer is the official time-keeping device for the Sweepstakes.
3. How to Enter: To enter, during the Sweepstakes Period, complete the following steps:
a. Log-in or join Facebook at www.facebook.com (joining Facebook is free)
b. “Like” the Oberto Beef Jerky page at https://www.facebook.com/ObertoBeefJerky to follow the latest news from Oberto
c. Comment on Sponsor’s specified sweepstakes post(s) answering the post’s question (e.g., “tell us why you want to spend time with Travis Pastrana at Pastranaland”). You may comment once on each unique Sponsor sweepstakes post; and
d. Use the hashtags #PartyWithPastrana and #sweepstakes in your comment(s).
By submitting an entry as instructed through any of the above methods (“Submission”), you agree that your Submission conforms to the Guidelines and Restrictions below. Sponsor may choose to remove any Submission or disqualify you from the Sweepstakes if it believes that your Submission fails to conform with the Guidelines and Restrictions. Upon completion of all steps and compliance with the Guidelines and Restrictions, you will automatically receive one entry into the Sweepstakes.
Limit: ONE ENTRY PER PERSON FOR EACH UNIQUE SWEEPSTAKES POST MADE BY SPONSOR DURING SWEEPSTAKES PERIOD (Up to 10 total entries during Sweepstakes Period). Sponsor will post one new sweepstakes post each week. Any attempts to obtain additional entries, including through multiple or duplicate accounts will result in disqualification. You may post multiple comments on a Sponsor sweepstakes post, but you will only receive one entry for each Sponsor sweepstakes post.
Submission Guidelines and Restrictions
a. Your Submission must not supply untruthful, incomplete, inaccurate or misleading information
b. Your Submission must be your original creation and be owned by you, or alternatively, you must have the full rights to grant the license and rights you grant to Sponsor in Section 10 below
c. Your Submission must not (as determined in Sponsor’s discretion): (i) violate any third party rights, including, but not limited to, copyrights, trademark rights, or rights of privacy and publicity; (ii) contain disparaging or defamatory statements; (iii) include threats to any person, place, business, or group; (iv) be obscene, offensive, or indecent; (v) depict risky behavior; (vi) 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; or (vii) contain unauthorized third party trademarks or logos.
e. If participating in this Sweepstakes via your mobile device (which service may only be available via select devices and participating wireless carriers and is not required to enter), you may be charged for standard data use from your mobile device according to the terms in your wireless service provider’s data plan. Normal airtime and carrier charges and other charges may apply to data use and will be billed on your wireless device bill or deducted from your pre-paid balance. Each wireless carrier’s rate plan may vary, and you should contact your wireless carrier for information on data plans and charges relating to your participation in this Sweepstakes.
4. Identity of Entrant: All Submissions must be submitted by the individual entrant. Bulk or automated entries will be disqualified (including, for example, entries made using any script, macro, bot, or promotional service). Multiple participants are not permitted to share the same email or social media account. Any attempt to obtain additional entries through fraud or other illegitimate means will result in disqualification, at Sponsor’s sole discretion.
In the event of a dispute about the identity of the entrant, entries will be declared made by the authorized account holder of the email address associated with the social media account on which the Submission is made or the email address provided for the mail-in entry. An “authorized account holder” means the natural person who is assigned to an e-mail 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 e-mail address. A potential winner may be required to provide Sponsor with proof that a potential winner is the authorized account holder of the account associated with the winning entry.
5. Selection and Notification of Winner: On or about September 6, 2016, Sponsor will select the name of one winner in a random drawing from among all eligible participants at Sponsor’s headquarters at the address listed in Section 16 below. The odds of winning depend on the number of eligible entries received.
The potential winner will be notified via comment on the Sweepstakes entry post or direct message on or about September 7, 2016. If any prize is won by a Minor, that prize will be awarded in the name of the winner’s parent/legal guardian on behalf of the winner. The potential winner must direct message Sponsor after notification. To the fullest extent permitted by applicable law, Sponsor may require each potential winner to sign (and have his/her parent or legal guardian sign if a Minor in his or her place residency) and return, within five days of being notified, an Affidavit of Eligibility and Liability/Publicity Release, and require potential winner to verify his/her identity and/or submit to a background check, in order to claim his/her prize. If (i) the attempted notification is returned as undeliverable without a forwarding address; (ii) any required documents are not returned within five days, including but not limited to the Affidavit of Eligibility and Liability/Publicity Release; (iii) if winner fails a verification or background check; or (iv) if winner is otherwise unable to accept the prize as stated, the prize will be forfeited and may be awarded to an alternate winner. Alternate drawings will be held until the prize is awarded. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the above selection process from among all eligible claimants making purportedly valid claims to award the prizes available.
Verification of Potential Winner: EACH POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A PRIZE WINNER UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE AND NO FURTHER ACTION IS NEEDED.
6. Prize: One winner will receive a trip for the winner and one guest (“Companion”) to meet Travis Pastrana at Pastranaland in Maryland. Approximate Retail Value (“ARV”) of Prize: $3,500. =
Prize and Travel Restrictions: ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Prizes are not transferable. No substitutions or exchanges of prizes (including for cash) will be permitted, except that Sponsor reserves the right to substitute a prize of comparable or greater value for any prize. Only one prize will be awarded. Prize includes time with Travis Pastrana, lunch, tour of Pastranaland, and activities at Pastranaland. The date and time of the travel to Pastranaland will be mutually agreed upon by winner and Travis Pastrana or his designee, subject to Travis Pastrana’s availability. Winner and Companion must travel together on the same itinerary. Sponsor will provide round trip coach class airfare for winner and Companion from an airport in proximity to the winner’s home. Sponsor or its designee will, in its sole discretion, determine which airport is closest to the winner’s home. Sponsor will provide ground transportation (1) to and from airport to winner’s home and (2) to and from destination airport to Pastranaland and lodging of winner and Companion. Sponsor will provide winner and Companion one double-occupancy lodging for two nights at a location near Pastranaland, at Sponsor’s sole discretion. Sponsor will provide one $100 meal stipend to be used by winner and Companion during the trip. Air transportation, hotel accommodations, ground transportation, and other elements of prize must be taken together and cannot be taken separately. The Sponsor or its designee will not replace any lost or stolen tickets, travel vouchers or certificates or similar items once they are in the winner’s possession. Any unclaimed and/or unused prize (or portion of the prize package) will remain the property of Sponsor.
Companion (and, if Companion is a Minor, also Companion’s parent or legal guardian) will be required to sign a liability/publicity release and may be required to submit to a verification or background check in order to be eligible to travel with winner to Pastranaland. To be eligible to travel to Pastranaland, a Minor winner or Companion that is a Minor must be accompanied by his or her parent, legal guardian, or other adult authorized by his/her parent or legal guardian in writing. Minor’s parent or legal guardian agrees to release and indemnify Sponsor pursuant to Sections 7 and 8 of these Official Rules, and as otherwise set forth in the liability/publicity release.
Any amendment fees or charges incurred as a result of any changes to the purchased flights are the responsibility of the winner All costs not explicitly set forth in these Official Rules are the sole responsibility of the winner, and Sponsor will not provide any compensation or reimbursement for these costs, including but not limited to Visa requirements, valid passports, travel insurance, spending money, meals (outside of $100 stipend), taxes (excluding airline and airport taxes), vaccinations, transfers, items of a personal nature, excess baggage, in-room charges, other ancillary costs, and any applicable insurance excesses. Air travel is subject to the airlines Condition of Carriage. Winner and Companion agree to comply with all applicable laws, including those related to tobacco and alcohol, while traveling to and from Pastranaland and visiting Pastranaland. Prize does not include alcohol, tobacco, or any illegal drugs.
Except for applicable manufacturers standard warranties, the prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
7. Disclaimer: Sponsor, Facebook, Inc., and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, consultants, contractors, legal counsel, public relations firms, employees, and advertising, fulfillment, and marketing agencies (collectively, the “Released Parties”) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer or communications-related malfunctions or failures beyond Sponsor or the Released Parties’ reasonable control; (c) any Sweepstakes disruptions, injuries, losses or damages caused by events beyond the reasonable control of Sponsor or the Released Parties; or (d) any printing or typographical errors in any materials associated with the Sweepstakes.
8. Limitations of Liability; Releases: By entering the Sweepstakes, you (and, if you are a Minor, your parents or legal guardians) release Sponsor and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Sweepstakes or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
IF YOU ARE A MINOR, YOUR PARENTS OR LEGAL GUARDIANS FURTHER AGREE TO INDEMNIFY EACH OF THE RELEASED PARTIES FROM ANY CLAIMS, COSTS, INJURIES, LOSSES, OR DAMAGES DESCRIBED IN THE PRECEDING PARAGRAPH WHICH MAY BE SUFFERED BY YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SPONSOR AND THE RELEASED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL (PUNITIVE) OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR PARTICIPATION IN THE SWEEPSTAKES OR USE OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE SWEEPSTAKES OR ANY PRIZE, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE RELEASED PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE SWEEPSTAKES OR USE OF OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE SWEEPSTAKES OR ANY PRIZE EXCEED TEN DOLLARS ($10). THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT EXCLUDE OR LIMIT LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS BOUGHT FROM SPONSOR, OR FOR THE RELEASED PARTIES’ GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT, OR FRAUD.
9. Use of Winner’s Name, Likeness, etc.: To the fullest extent permitted by law, entry into the Sweepstakes constitutes permission to use each winner’s name, hometown, aural and visual likeness and prize information, without limitation, for advertising, marketing, and promotional purposes without further permission or compensation (including in a public-facing winner list). As a condition of being awarded any prize, to the fullest extent permitted by law, winner may be required to execute a consent to the use of their name, hometown, aural and visual likeness and prize information, without limitation, for advertising, marketing, and promotional purposes without further permission or compensation. By entering this Sweepstakes, you consent to being contacted by Sponsor for any purpose in connection with this Sweepstakes
10. License to Submission: By entering the Sweepstakes and providing your Submission in connection with the Sweepstakes, you hereby grant to Sponsor a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense your Submission, or any portion thereof (including without limitation your name and likeness as shown and conveyed in the Submission), in connection with the Sweepstakes and for other advertising, marketing, and promotional purposes, and to incorporate Submissions, in whole or in part, into other works in any manner, form, media or technology now known or later developed. Sponsor will have no obligation to publish or use or retain any Submission you submit or to return any such Submission to you. You agree that it is your sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in this paragraph. You will take, at Sponsor’s expense, any further action (including, without limitation, execution of affidavits, tax forms, and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor’s rights as set forth above in this paragraph. You will not be entitled to compensation for any use by Sponsor, or its agents, licensees or assignees, of your Submission
12. Winner List; Rules Request: For a copy of the winner list, send a stamped, self-addressed, business-size envelope for arrival after September 6, 2016 and before September 6, 2017 to the address listed in Section 16 below, Attn: Party With PastranaSweepstakes. To obtain a copy of these Official Rules, visit www.oberto.com/Partywithpastrana or send a stamped, self-addressed business-size envelope to the address listed in Section 16 below, Attn: Party With Pastrana Sweepstakes. Vermont residents may exclude return postage.
13. Intellectual Property Notice: OBERTO is a trademark of Oberto Snacks Inc. The Sweepstakes and all accompanying materials are copyright © 2016 by Oberto Sausage Company. All rights reserved.
14. Disputes: EACH ENTRANT AGREES THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES OR ANY PRIZE AWARDED WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON OR THE APPROPRIATE STATE COURT LOCATED IN KING COUNTY, WASHINGTON. THESE OFFICIAL RULES ARE GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON, WITHOUT REGARD TO CHOICE OF LAW OR CONFLICT OF LAW DOCTRINES. YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS.
15. General Conditions: Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Sweepstakes or any entrant’s participation in the Sweepstakes should events beyond Sponsor’s reasonable control (such as viruses, bugs, or unauthorized human intervention) affect the administration, security or proper play of the Sweepstakes, or Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Sweepstakes as planned. Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Sweepstakes, tamper with the operation of the Sweepstakes or engage in any conduct that is detrimental or unfair to Sponsor, the Sweepstakes or any other entrant (in each case as determined in Sponsor’s sole discretion) are subject to disqualification from entry into the Sweepstakes. Any attempt by an entrant or other individual to deliberately damage any website associated with this Sweepstakes or undermine the legitimate operation of the Sweepstakes may be in violation of criminal and civil law and sponsor reserves the right to prosecute and seek damages from any such person to the fullest extent permitted by applicable law. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Sweepstakes. Sponsor reserves the right to disqualify any entries received that contain inappropriate or offensive content. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. SWEEPSTAKES IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, INC.
16. Sponsor: Oberto Snacks Inc., 7060 S. 238th Street, Kent, WA 98032.