Boar's Head Official Rules

The following promotion is intended for the 50 United States and D.C. only and will be construed and evaluated according to United States laws. Do not proceed in this site if you are not a legal resident of the 50 United States and D.C., 21 years or older.

#BOARSHEADSANDWICHES INSTAGRAM CHALLENGE

OFFICIAL RULES – NO PURCHASE NECESSARY

TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.  OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C., 21 YEARS OF AGE OR OLDER.

VOID IN PUERTO RICO AND WHERE PROHIBITED.

1. General: The #BoarsHeadSandwiches Instagram Challenge (the “Promotion”) begins at 9:00 a.m. Eastern Time (“ET”) on September 19, 2016 and runs until 5:00 p.m. ET on September 26, 2016 (the “Promotion Period”).  Official rules are available at www.foodnetwork.com/boarsheadsandwicheschallenge (the “Website”).

2. How to Enter:  To participate and enter this Promotion, you will need a mobile device (e.g., mobile phone or tablet) that can access the Internet and uses either the Apple or Android platform.  Additionally, you will need to download the Instagram application from their mobile device’s app store and sign-up for an Instagram account (“Instagram Account”).  Creating an Instagram Account is free.  By submitting your information and creating an Instagram Account however, entrants will be required to agree to the Instagram terms of service and privacy policy.  After you have an Instagram Account, to enter the Promotion (a) take a photo of your sandwich that shows how your sandwich is the envy of everyone else’s; and (b) log into your Instagram Account and upload the photo with the following hashtags: #BoarsHeadSandwiches; and #contest (collectively, “Submission”). If your Instagram Account is set to “protected mode”, your updates/responses may not be visible to Sponsor and, therefore, will not be received by Sponsor, resulting in your failure to enter the Promotion. Sponsor may not receive entries that fail to strictly follow the posting instructions set forth in these Official Rules and Sponsor is not responsible for failure to see or receive an entry.  Sponsor, at its sole discretion, may accept a technically incorrect unique term.  Messages not received by Sponsor will not be entered into the Promotion.

Limit of one (1) entry per person per day will be accepted. For the purposes of this Promotion, a “day” is defined as 12:00:00 a.m. to 11:59:59 p.m. ET. Subsequent attempts made by you to submit multiple entries by using multiple or false contact information or otherwise may be disqualified.  Submissions generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified.  Submissions that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Promotion at Sponsor’s sole and absolute discretion.  Reposts may not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortious, defamatory, slanderous or libelous, (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is unlawful, (e) is harmful to other users of the Instagram app such as viruses, trojan horses or other technologies that could adversely impact the Promotion, and/or (f) is disparaging to Sponsor or is inconsistent with the positive images and/or goodwill to which Sponsor wish to associate (at Sponsor’s sole and absolute discretion).   If you are found to be including material Submission that violates these Official Rules or the Instagram terms of use may be disqualified, in Sponsor’s sole and absolute discretion.  Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void.  Those who do not follow all of the instructions or abide by these Official Rules or other instructions of Sponsor may be disqualified.  Sponsor may run multiple campaigns, contests, sweepstakes or other promotions simultaneously.  Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other.

NOTE ABOUT INSTAGRAM:  Promotion Entities are not responsible for any changes or unavailability of the Instagram application that may interfere with the Promotion (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use Instagram for the Promotion as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via Instagram, in which case Sponsor, in its sole discretion, may terminate or modify the Promotion.  In the event of a dispute concerning who submitted an entry, the entry will be declared to have been made by the registered Account holder of the e-mail address associated with the Instagram Account for the potentially winning entrant, but only if that person meets all other eligibility criteria.  A registered Instagram Account holder is defined as 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.  Potential winner may be required to provide Sponsor with proof that he/she is the registered Instagram Account holder for the e-mail address associated with the Instagram Account for the potentially winning entry.  If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible.  Any damage made to the Instagram service will be the responsibility of the registered Instagram Account holder of the e-mail address for the Instagram Account submitted at the time of entry.

MOBILE DISCLOSURE:  If you opt to use your wireless mobile device in connection with the Promotion, depending on your phone’s capabilities, standard text messaging rates or data charges may apply according to the terms and conditions of your service agreement with your wireless carrier.  Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance.  Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Promotion.

3. Representations and Warranties:  By making a Submission, you represent and warrant that: (a) the Submission is an original work created solely by you; (b) you own all rights to the Submission and have obtained any necessary third-party clearances; (c) the Submission complies with all requirements of these Official Rules; and (d) you understand that other Entrants may submit original Submissions that are substantially similar to yours in content and that you shall not have any claim against Sponsor arising out of any such similarity.

4. Eligibility: This Promotion is open only to legal residents of the 50 United States and D.C. who are 21 years of age or older as of the Promotion start date.  Employees and members of their households and immediate families (spouses, parents, siblings, children and each of their respective spouses) of the Promotion Entities (as defined below) and their respective parent companies, subsidiaries, and affiliates, and their advertising and promotion agencies and all local sponsors are not eligible.

5. Privacy:  In connection with the Promotion entry process, Sponsor will be collecting personal data about entrants on the Website, in accordance with its privacy policy.  Please review Sponsor’s privacy policy located at: http://www.boarshead.com/about/privacy.  By participating in the Promotion, you hereby agree to Sponsor’s collection and usage of your personal information and acknowledge that you have read and accepted Sponsor’s privacy policy.  When you enter at the Website, you may be asked to consent to receive promotional emails and reminders for upcoming promotions and information about Sponsor. Consenting to receive such emails is optional and does not have to be agreed to in order to be eligible to enter the Promotion and does not improve your chances of winning. Except where prohibited, participation in the Promotion constitutes your consent to Sponsor's use of your name, likeness, entry, and state of residence for promotional purposes in any media without further payment or consideration.

6. Limitations of Liability:  Boar’s Head Provisions Co., Inc. (“Sponsor”), Television Food Network, G.P., other participating sponsors and Ritway, Inc. (collectively with Sponsor, the “Promotion Entities”), their respective affiliates, subsidiaries, parent, advertising and promotion agencies, and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omissions, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other computer relating to or resulting from participation in this Promotion; inability to access the Website or Instagram; theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or other errors; and any entries that are late, lost, incomplete, misdirected, stolen, mutilated, illegible or postage due, or any combination thereof. Proof of mailing, in-person submission, or online submission is not considered proof of delivery or receipt. By entering, you also agree to release, discharge, indemnify and hold harmless the Promotion Entities, Instagram, Facebook, and their respective parent companies, subsidiaries, their respective representatives and agents, advertising and promotion agencies, promotion partners and prize suppliers, and all of their respective affiliated companies, employees, officers, directors and shareholders, from and against all claims and damages or liability arising in connection with your participation and/or entry in the Promotion and/or your receipt or use of any prize awarded in this Promotion or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion. Except where prohibited by law, the winner's entry and acceptance of the prize constitutes permission for the Promotion Entities to use said winner's names, photographs, likenesses, statements, biographical information, voices, and city and state addresses on a worldwide basis, and in all forms of media, in perpetuity, without further compensation. No more than the advertised number of prizes will be awarded.  You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived.  You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”  The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

7. How Winner will be Determined: After the Promotion Period, a panel of judges selected by Sponsor will evaluate all Submissions and select one (1) Grand Prize Winner (the “Grand Prize Winner”) based on the following Judging Criteria:  (a) 50% based on photo quality; and (b) 50% based on sandwich combination creativity. The Entrant with the highest scoring Submission will be the Grand Prize Winner.  In the event of a tie, ties will be broken based on the photo quality criteria score. Sponsor’s decisions with respect to the winners and other matters pertaining to the Promotion shall be final.

Notwithstanding any other provision of these Official Rules, if at any time during the Promotion Period, the judging rounds or at any time thereafter, the Sponsor determines that not enough or no eligible entrants exist from which to determine the winner, then Sponsor may in its sole and exclusive discretion determine that not enough or no eligible contestants exist, and then may either suspend or terminate the Promotion or modify it (or any parts thereof) in any equitable manner that Sponsor deems appropriate in its sole and exclusive discretion, including, without limitation, by not awarding any one or more of the prizes set forth in these Official Rules.

8. Prize Conditions: A prospective Grand Prize Winner will be required to sign an affidavit of eligibility and release of liability and publicity (where permitted), and return same, properly executed, within five (5) days of issuance of prize notification. If Sponsor is unable to contact the prospective Grand Prize Winner within two (2) days from first notification attempt, if the prospective Grand Prize Winner fails to complete and return all requested forms by the specified date, or if the prospective Grand Prize Winner fails to comply with any of the requirements, his/her prize will be forfeited and an alternate prospective winner shall be selected by selecting the next-highest scoring Submission.

Prior to selection of the Grand Prize Winner, Entrants and/or their Submissions may be featured on the Website; however, in no way shall such promotion influence the selection of the Grand Prize Winner. The Grand Prize Winner will be notified by email, telephone, and/or Instagram direct message on a date on or around September 30, 2016 to be determined by Sponsor.

9. Ownership of Submissions:  By submitting a Submission, you acknowledge and agree that: (a) Sponsor is the sole and exclusive owner, in perpetuity and throughout the world, of all right, title, and interest in and to your Submission, including, without limitation, all copyright, trademark, and other proprietary rights in and to the Submission (and all renewals and extensions thereof now or hereafter provided by law) and all the rights therein and thereto; (b) ownership of the Submission shall inure to the benefit of Sponsor from the date of conception, of creation, or of fixation in a tangible medium of expression (whichever occurs first), of such Submission; (c) your Submission is a "work made for hire" (as that term is used in the United States Copyright Act of 1976, as amended); (d) to the extent that your Submission is not a work made for hire, you hereby assign to Sponsor all right, title, and interest in and to the Submission and all copies thereof that you may have or obtain without any further consideration, free from any claim, lien, balance due, or rights of retention thereto, on your part; (e) you waive all claims to any and all moral rights in the Submission including, without limitation, your right of attribution and integrity; and (f) Sponsor may exploit the Submission (and all rights therein) in any manner throughout the world without restriction of any kind, or payment to, or consent from, anyone. Sponsor reserves the right to modify or edit the winning Submission for content including all copyrights and trademarks, and Promotion Entities or their assigned agent(s) will have the right to reproduce, publish, adapt, modify and/or revise the Submission, in its sole discretion, in any manner or form throughout the world, in perpetuity. Sponsor will own all rights to the winning Submission.

10. Conditions of Entry: Entry materials that have been tampered with or altered are void. If, in the judge’s or Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, the Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and void any entries submitted fraudulently, to modify, suspend, or to terminate the Promotion and proceed with the judging process, as outlined in the “How Winner will be Determined” section to award the prizes using all eligible, non-suspect entries received as of the termination date. Should the Promotion be terminated prior to the stated expiration date, notice will be posted on the Website. In the event of a dispute as to the identity of the winner based on an email address, the winning entry will be declared made by the authorized account holder of the email address submitted at time of entry. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION 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.

11. Prize: The Grand Prize Winner shall receive the following (the “Grand Prize”): $500 cash (presented in the form of a check).  Approximate retail value of the Grand Prize: $500. 

The specifics of all aforementioned elements of the Grand Prize in the Promotion shall be solely determined by Sponsor. All costs, taxes, fees, and expenses associated with any element of the Grand Prize not specifically addressed above are the sole responsibility of the Grand Prize Winner. All federal, state and local taxes on the Grand Prize are the Grand Prize Winner’s responsibility.

Grand Prize cannot be transferred or substituted except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the Grand Prize, or portions thereof, with a prize of equal or greater value.

12. Disputes/Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of you or the Promotion Entities in connection with the Promotion, shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any choice of law or conflict of law rules or provisions which would cause the application or the laws of any jurisdiction other than the State of Delaware. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in New Castle County, Delaware, and you expressly consent to the jurisdiction of and venue in such courts and waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action. You agree to service of process by mail or other method acceptable under the laws of the State of Delaware. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. YOU HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.

13. Winner List: Beginning on or about October 7, 2016, you may obtain the name of the Grand Prize Winner by going to the Website.

14. Sponsor: Boar’s Head Provisions Co., Inc., 1819 Main St #800, Sarasota, FL 34236. 

The Promotion is in no way sponsored, endorsed, administered by, or associated with Facebook or Instagram. You are providing information to Sponsor and not to Facebook or Instagram.