SOCIAL MEDIA PROMOTIONAL RULES
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.
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 Sausage Company (“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.
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.
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. 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
8. LIMITATIONS OF LIABILITY
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. 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
11. 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 Sausage Company. The Sweepstakes and all accompanying materials are copyright © 2016 by Oberto Sausage Company. All rights reserved.
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.
Oberto Sausage Company, 7060 S. 238th Street, Kent, WA 98032.