Butterball Man The Turkey Talk-Line Search Contest – Official Rules
NO PURCHASE OR PAYMENT IS NECESSARY. VOID WHERE PROHIBITED. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO ALL MALE LEGAL RESIDENTS OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE OR WILL BE AT LEAST 25 YEARS OLD AS OF 12/31/13.
READ THESE OFFICIAL RULES CAREFULLY AS YOU WILL BE BOUND BY THEM.
Decisions of Butterball, LLC (“Sponsor”) and the judges shall be final and binding regarding all matters concerning the Butterball® Man The Turkey Talk-Line Search (“Contest”) at all stages of the Contest, including but not limited to: eligibility; disqualification; evaluation of background checks and decisions made based on the information therein; scoring and tabulations of results; and interpretations of these Official Rules. By participating, entrants agree to abide by and be bound by these Official Rules, the decisions of Sponsor and the decisions of the Contest judges. Neither Sponsor nor Contest judges shall be required to release the individual scores of any entrant. In the event of any conflicts or inconsistencies between these Official Rules and the language in or any other statements or materials in any form or media (whether or not issued by or on behalf of Sponsor), the provisions of these Official Rules shall control and take priority over such other statements or materials unless otherwise specifically indicated in writing by Sponsor that such statements or materials supersede these Official Rules.
BRIEF OVERVIEW OF THE CONTEST: The Contest provides eligible entrants the opportunity to be selected as the first Butterball Turkey Talk-Line spokesman. To be an eligible entrant (“Entrant[s]”) he must have a valid Facebook® account, submit three (3) brief essays and a short video supporting why a panel of Contest judges should select him as the first male Butterball Turkey Talk-Line Spokesman (“Spokesman”). The Contest judges will select five (5) entrants as potential finalists (“Finalist[s]”). Finalists must have a valid Skype® account. The Contest judges will conduct a Skype interview with each Finalist in order to select the potential Grand Prize Winner, i.e. the Spokesman.
To qualify as the Spokesman, the potential Grand Prize Winner must be available and agree to accept the Grand Prize, as more specifically described in Rule 6 below, including: (a) a trip to Chicago, IL that may, in Sponsor’s discretion, include training to be the Spokesman, and (b) a trip to New York City or Los Angeles, with the destination to be determined in Sponsor’s sole discretion, and that may include at Sponsor’s discretion, media interviews, answering turkey preparation and cooking questions on the Butterball Turkey Talk-Line, and/or other related activities. In order to be deemed a Finalist or the Grand Prize Winner, an Entrant must be in compliance with these Official Rules throughout the Contest, will be subject to a background check(s) and the results of all background checks must be satisfactory to Sponsor. Important specific Contest dates are stated in the Contest Time Table below.
Contest Time Table Events Start Date (as of 12:00 A.M. E.T. that day) End Date (as of 11:59:59 P.M. E.T. that day) Submission Period 9/16/13 10/20/13 Round One Judging Period 9/16/13 10/22/13 Round Two-Finalist Selection Judging Period 10/22/13 10/23/13 Finalists Notification & Affidavit & Release Completion 10/24/13 10/28/13 Round Three Skype Interview Period 10/30/13 10/31/13 Grand Prize Winner Notification 11/4/13 11/4/13 Winner Announcement / First Trip 11/11/13 11/11/13
ELIGIBILITY: The Contest is open only to male legal residents of the fifty (50) United States and the District of Columbia who are or will be at least twenty-five (25) years old as of 12/31/13. Residents of all other jurisdictions are ineligible to enter or win. Officers, directors and employees (and members of their household or immediate family, i.e., spouse, parent, child, sibling, grandparent, the “steps” of each and members of each of their households) of Sponsor, Daniel J. Edelman, Inc., Mercury Promotions & Fulfillment (“Mercury”) and each of their respective parent companies, affiliates, subsidiaries, promotion, advertising, digital and web design agencies and other individuals or entities associated with the creation, administration, implementation and execution of this Contest are ineligible to enter or win (collectively, “Contest Entities”).
Additionally, individuals who are currently, or in the past, have been employed by or currently represent or have represented a company (including being a spokesman) that competes with Sponsor or whose products or services would reflect negatively on Sponsor or Sponsor’s products; who have won a contest or sweepstakes sponsored by such a company; or whose behavior and/or public statements would denigrate or reflect negatively on Sponsor or its products is ineligible to participate. The Contest is void in jurisdictions other than those stated above and wherever prohibited.
In order to maintain eligibility throughout the Contest, an Entrant must abide by these Official Rules and the Contest’s Code of Conduct, including maintaining appropriate decorum befitting the reputation and values of Sponsor and must not otherwise engage in any conduct which would embarrass Sponsor or bring Sponsor into public disrepute or ridicule, or which would insult or offend the public or any segment thereof.
HOW TO ENTER: Between 9/16/13 at 12:00 A.M., ET and 10/20/13 at 11:59:59 P.M., ET (“Submission Period”), an Entrant must log on to Facebook (or create an account if he does not already have one) and visit www.facebook.com/Butterball (“Page”) and click on the “Man the Turkey Talk-Line Search” tab in order to access the Contest. An Entrant must follow the instructions to complete the required registration information, including his name, year of birth, valid email address, telephone, and city and state of residence. Additionally, at such time, an Entrant must then follow the online instructions to submit the required essays and video as further described in Rule 4 below (collectively, the “Submission”).
Limit: Only one (1) Submission per Entrant or household address during the Contest regardless of the email address used. Submissions received from any person, email address or household in excess of the stated limit will be void. Entrants may only use one (1) email address to enter the Contest.
NOTE: Once a Submission has been uploaded, it may not be deleted, edited or modified. Uploaded Submissions will not be returned.
SUBMISSION REQUIREMENTS: In order to be eligible to participate in the Contest, an Entrant must submit a Submission consisting of (A) three (3) essays (“Essay[s]”) and (B) one (1) video (“Video”), all of which are to comply with the requirements stated below:
(A) Essays: An Entrant must provide an Essay answer of between 100 and 300 words in response to each of the three (3) questions below.
The Entrant must:
i. State his overall cooking experience, both as to cooking in general and as to preparing turkeys; ii. Describe his favorite Butterball Turkey preparation method and the reasons why; and iii. Describe the attributes and talents he possesses, e.g. personality, creativity, social media savvy, affability, etc. that qualify him as the best choice to be the Butterball Turkey Talk-Line expert Spokesman.
(B) Video: In addition to the above Essays, an Entrant must also submit a Video, in any standard format, of between one (1) minute and two (2) minutes in length, and no larger in size than 150 MB. The Entrant, and no other person, may appear and/or speak in the Video. The Entrant must speak on the Entrant’s choice of one (1) of the following three (3) subjects:
i. His favorite turkey preparation method; ii. His favorite turkey preparation tip; or iii. His favorite story, anecdote or personal experience preparing a turkey.
(C) Submission Requirements Applicable to Both Essays and Videos: Unless specifically stated otherwise, the following requirements shall apply to both the Essays and the Video:
The Submission, in its entirety:
i. Must be the Entrant’s original creation (an original creation is the product of one’s own mind, is not a copy or imitation, and is not the result of trade secret misappropriation); ii. Must be entirely in English; iii. Must not include hyperlinks to content on other sites or media; iv. Must not have been previously submitted in any Contest or promotion or published in any media; v. Must not contain content that is unlawful, in violation of, or contrary to federal, state, or local laws; vi. Must not contain content that in any way states, describes or shows any unsafe method of preparing a turkey. vii. Should not, contain material that, either explicitly or implicitly, mentions, depicts, shows, refers, or otherwise alludes to the name or logo, trademark, or service mark of any third party, individual, company, entity, product, or brand other than Sponsor or a brand belonging to Sponsor. viii. Must not contain any material or references that violate or infringe upon a third party’s rights, including but not limited to privacy, publicity, or intellectual property rights, nor may it in any way infringe upon a third party’s copyright or trademark rights; ix. Must be in good taste as determined by Sponsor in its sole discretion; x. Must not contain language or contents that in any way disparages or defames or in any way reflects negatively upon the Sponsor, its brands or products or any person or entity as determined by Sponsor in its sole discretion; xi. Must not contain content that is inconsistent with Sponsor’s marketing practices; xii. Must not contain, mention, refer, or otherwise allude to any obscene, lewd, violent, illegal, offensive, hateful, disparaging, or inappropriate words, language, symbols, signs, or abbreviations; xiii. Must not advocate or denigrate any political or societal beliefs; xiv. Must not contain, mention, refer or otherwise allude to any political or religious references, statements or symbols; xv. Must not contain words or symbols that may be considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, age, or socioeconomic group; and xvi. Must not in any way promote alcohol, illegal drugs, or tobacco (or the use of any of the preceding).
NOTE: Entrants understand and acknowledges that Sponsor, in its sole discretion, after its good faith consideration and review of a Submission in its totality, reserves the right to accept, edit, modify or reject a Submission. Additionally, Sponsor reserves the right at any time during the Contest and thereafter to disqualify any Submission that Sponsor determines, in its sole discretion does not comply with these Official Rules or otherwise contains, or uses, prohibited or inappropriate content, and, the Entrant may also be disqualified from participation in the Contest.
CONTEST JUDGING, SELECTION & VERIFICATION PROCESS: Only Submissions from eligible Entrants as defined in Rule 2 above whose Submissions are in compliance with Rule 4 will be included for selection as stated herein. The Contest will consist of three (3) rounds of judging. Judges referred to for each of the rounds (“Round One Judges”, “Round Two Judges” and “Round 3 Judges”) may be referred to herein collectively as “Contest Judge[s]”.
(A) ROUND ONE JUDGING PERIOD: All eligible Entries received by Sponsor’s designated representatives by 10/20/13 at 11:59:59 PM ET will be judged, evaluated and assigned points by a panel of Contest judges composed of Sponsor’s designated marketing experts (“Round One Judge[s]”) in accordance with the following criteria:
i. __Essays:__ Essays will be judged, evaluated and assigned a number of points (“Round One Points”), not to exceed a total of 40 Round One Points based on the following: a) Entrant’s response regarding overall cooking experience, both as to cooking in general and as to preparation of turkeys • 10 Round One Points; b) Entrant’s ability to impart enthusiasm and passion for Butterball Turkeys • 15 Round One Points; and c) Entrant’s persuasiveness as to why he is the best choice to represent Sponsor and be selected as the Spokesman • 15 Round One Points. __ii. Video:__ The Video will be judged, evaluated and assigned a number of Round One Points, not to exceed a total of 60 Round One Points based on the following: a) Entrant’s articulation of his response to the topic he selected in Rule 4 (B) above, including his enthusiasm for Butterball Turkeys (Entrant may not read his response during the Video) • 25 Round One Points; and b) Entrant’s persuasiveness and anticipated personal appeal to the Butterball audience • 35 Round One Points.
The ten (10) Entrants who receive the highest combined total number of Round One Points from the Round One Judges in the Round One Judging Period will be presented to a judging panel composed of employees and representatives of Sponsor (“Round Two Judges”).
In the event of a tie, the Entrant who received the highest number of Round One Points for his Video shall be presented to the Round Two Judges. If a tie should still remain, the Entrant who received the highest number of Round One Points for Criteria 5(A)(ii)(b) above shall be presented to the Round Two Judges. If a tie should still remain, a Contest Judge designated by Sponsor and not previously involved in the judging will review and evaluate each of the tied Submissions, in accordance with the above criteria, in order to break the tie.
Round One Judging will take place between 9/16/13 and 10/22/13. Presentation of the ten Entrants by the Round One Judges to the Round Two Judges will take place on or about October 22-23, 2013. The decisions of the Contest Judges and Sponsor shall be final and binding in all matters pertaining to the selection and judging process.
(B) ROUND TWO – FINALIST SELECTION PERIOD: On or about October 22-23, 2013, the top ten (10) eligible Entrants who received the highest combined total number of Round One Points, as described above, will be judged, evaluated and assigned points by a panel of Contest judges composed of employees and representatives of Sponsor (“Round Two Judge[s]”) in accordance with the same criteria outlined above in Section 5(A)(i) and 5(A)(ii).
The five (5) Entrants who received the highest combined total number of Round Two Points from the Contest Judges will be deemed to be the Finalists, subject to verification.
In the event of a tie, the Entrant who received the highest number of Round Two Points for his Video shall be deemed the potential Finalist. If a tie should still remain, the Entrant who received the highest number of Round Two Points for Criteria 5(A)(ii)(b) above shall be deemed the potential Finalist. If a tie should still remain, a Contest Judge not previously involved in the judging will review and evaluate each of the tied Submissions, in accordance with the above criteria, in order to break the tie.
Finalists will be notified by email and/or phone on or about 10/24/13. The decisions of the Contest Judges and Sponsor shall be final and binding in all matters pertaining to the selection and judging process.
(C) ROUND TWO VERIFICATION:
i. __Affidavit & Release:__ Each Entrant who has been notified that he is a potential Finalist will receive an Affidavit of Eligibility/Compliance & Publicity/Liability Release (“Affidavit & Release”) that the potential Finalist must read, sign, have notarized and return to Mercury, Sponsor’s designated representative, for receipt by 10/28/13. Failure to properly and promptly sign and return said Affidavit & Release may result in disqualification of the respective potential Finalist and, time permitting, selection of the Entrant who received the next highest combined total of Round Two Points as a potential Finalist. Among other terms and conditions, the Affidavit & Release will require that each potential Finalist: a) affirm his commitment to continue his participation in the Contest; b) agrees not to disclose his selection as a potential Finalist (or potential Grand Prize Winner) prior to Sponsor’s formal public announcement on or about 11/11/13; c) provide Sponsor or its representative with the dates and times on 10/30/13 or 10/31/13 that he will be available, including being technologically prepared, for an interview via Skype with the Contest Judges; d) acknowledge that he will be the subject of a background check by Sponsor or its representative so that his selection as a Finalist will not embarrass or in any way reflect negatively on Sponsor or the Contest Entities and that he agrees to said background check. ii. __Code of Conduct:__ Each potential Finalist will also receive a Code of Conduct stating the behavior that is expected of him, including maintaining appropriate decorum befitting the reputation and values of Sponsor and otherwise not engaging in any conduct which would embarrass Sponsor or bring Sponsor into public disrepute or ridicule, or which would insult or offend the public or any segment thereof. Each potential Finalist must read, sign, have notarized and return to Mercury, Sponsor’s designated representative, for receipt by 10/28/13. As with the Affidavit & Release, failure to properly and promptly sign and return said Code of Conduct may result in disqualification of the respective potential Finalist and, time permitting, selection of the Entrant who has received the next highest combined total of Round Two Points as a potential Finalist.
(D) ROUND THREE – SKYPE INTERVIEW: After the five (5) Finalists have been selected by the Contest Judges, each Finalist must participate in an interview via Skype (“Skype Interview[s]”) of approximately one (1) hour in length with the Contest Judges at an assigned mutually convenient time on either 10/30/13 or 10/31/13. As stated above, each Finalist has the responsibility to ensure that he is prepared and ready for the Skype interview. Sponsor and its representatives have no responsibility for a Finalist’s failure to be prepared for the Skype interview, regardless of the cause of such failure.
During the Skype Interview, the Contest Judges will ask Finalists to speak to any or all of his responses to the subjects he addressed in Rule 4 above as well as to any other question asked by the Contest Judges. The Contest Judges will review and evaluate each Finalist’s response and assign points (“Round Two Points”) to the Finalist, not to exceed a total of 100 Round Two Points, in accordance with the following criteria:
i. Finalist’s articulation of his responses, including his ability to respond to questions and quick-wittedness • 30 Round Two Points; ii. Finalist’s enthusiasm for Butterball Turkey and persuasiveness of his responses • 35 Round Two Points; and iii. Finalist’s ease and comfort during the Skype Interview and his anticipated appeal to the Butterball audience • 35 Round Two Points.
(E) DETERMINATION OF GRAND PRIZE WINNER: After the completion of the Skype Interviews, the Contest Judges will calculate the total number of combined Round Two Points and Round Three Points assigned to each Finalist. The Finalist who received the highest number of combined Round Two Points and Round Three Points will be deemed the potential Grand Prize Winner.
In the event of a tie, the Finalist who received the highest number of Round Three Points will be deemed the potential Grand Prize Winner. If a tie should still remain, the Finalist who received highest number of Round Two Points for Criteria 5(A)(ii)(b) as stated in Rule 5 above will be deemed the potential Grand Prize Winner. If a tie should still remain, a Contest Judge not previously involved in the judging will review and evaluate each of the tied Submissions, in accordance with the above criteria, in order to break the tie. Sponsor will announce the Grand Prize Winner on or about 11/11/13 in Chicago, IL.
The potential Grand Prize Winner acknowledges that travel, educational training, personal appearances and consumer involvement may be required of him during specific periods of time and trips as specified by Sponsor (“the Scheduled Trips”). More specifically, the Grand Prize Winner’s Scheduled Trips will include: (A) a period of up to 6 consecutive days/5 nights in the Chicago area (“the Chicago Trip”), and (B) up to 4 consecutive days/3 nights in either New York City or Los Angeles (destination to be determined by Sponsor in its discretion) (“the NYC/LA Trip”). Scheduling of the Chicago Trip and the NYC/LA Trip will be determined in Sponsor’s sole discretion, provided that both Scheduled Trips shall take place during the approximately three (3) week time period, leading up to Thanksgiving, commencing 11/11/13 and ending 11/28/13.
PRIZES & RESPONSIBILITIES:
(A) GRAND PRIZE WINNER’S REQUIRED RESPONSIBILITIES: In order to be eligible to receive the Grand Prize, the Grand Prize Winner agrees to engage and will engage in the following activities during the Scheduled Trips as may be assigned or required on the dates and at the times specified by Sponsor:
i. Half to full day educational training at Butterball University in Chicago, IL;
ii. One half day media training;
iii. Butterball Turkey Talk-Line mentored training including answering consumer questions on TurkeyTalk-Line phones using the Butterball Talk-Line Binder;
iv. Social media training and responding to social media questions;
v. Fielding and answering consumer Butterball Turkey Talk-Line questions on Talk-Line phones;
vi. Acting as the Butterball Turkey Spokesman on designated media interviews
(B) GRAND PRIZE (1): The Grand Prize Winner will receive the following:
i. Chicago Trip: A trip to Chicago, IL, as designated by Sponsor, consisting of round trip coach airfare from the major airport nearest to the Grand Prize Winner’s residence to Chicago, IL during the Training Period (tentatively expected to take place the week of 11/11/13); 6 days/5 nights hotel accommodations (standard room/single occupancy) at a hotel designated by Sponsor, rental car (if necessary); plus Eight Hundred Dollars ($800) spending money. In the event the Grand Prize Winner lives within a 100-mile radius of Chicago, round-trip ground transportation may be provided in lieu of air transportation in Sponsor’s sole discretion, and no additional compensation will be provided. Total approximate retail value (“TARV”): $4,000.
ii. NYC/LA Trip (destination to be determined by Sponsor in its sole discretion): A three (3) or four (4) day trip to New York City or Los Angeles, CA, as designated and scheduled by Sponsor in its discretion (tentatively expected to take place the week of 11/24/13), consisting of round trip coach airfare from the major airport nearest to the Grand Prize Winner’s residence to New York City or Los Angeles, meals, transfers, car service and return on or before Thanksgiving Day; up to 4 days/3 nights hotel accommodations; (standard room/single occupancy). In the event the Grand Prize Winner lives within a 100-mile radius of designated destination, round-trip ground transportation may be provided in lieu of air transportation in Sponsor’s sole discretion, and no additional compensation will be provided TARV: $2,000.
iii. Check for Four Thousand Dollars ($4,000). A check in the amount of Four Thousand Dollars ($4,000) in recognition of the services he is to have performed as stated in Grand Prize Winner Responsibilities.
All expenses not specified above, such as meals, beverages, mini-bar, entertainment, telephones, internet connectivity, souvenirs, gratuities, insurance, personal or spa services, etc., are solely the Grand Prize Winner’s responsibility. All accommodations and reservations will be as arranged by Sponsor. All travel must be on dates specified by Sponsor. Other trip terms and conditions may apply. Grand Prize Winner must be in compliance with all rental car company policies. Grand Prize Winner must possess required travel documents. Sponsor has no responsibility for lost, stolen, misplaced or mutilated tickets and/or travel documents, baggage, flight delays or cancellations, or any other occurrences beyond its control. Sponsor has no responsibility for Grand Prize Winner’s inability or failure to accept or utilize the Grand Prize as described herein. The Grand Prize Winner will be issued a Form 1099 for tax purposes in the amount of the actual retail value of the Grand Prize and must submit his Social Security Number or Taxpayer ID Number, as required by law. Grand Prize is not redeemable for cash, nor is it transferable or substitutable except by Sponsor with one of equal or greater value. All federal, state and local taxes are solely the responsibility of the Grand Prize Winner.
(C) FINALIST PRIZES (4): Each of the four (4) Finalists who have not been selected as the Grand Prize Winner will receive as the Finalist Prize a Butterball Indoor Electric Turkey Fryer plus a Butterball Turkey Gift Check to be used for the purchase of a Butterball Turkey. Approximate retail value: $200 each Finalist Prize; total approximate retail value of all Finalist Prizes: $800. Sponsor has no responsibility if the total actual retail value is less than the stated TARV. The only warranties made regarding the fryer are those warranties made by the manufacturer and accompany the fryer. Finalist Prize is not transferable or substitutable except by Sponsor with one of equal or greater value. All federal, state or local taxes are solely the responsibility of each Finalist Winner.
RESPONSIBILITIES OF ENTRANT:
(A) REPRESENTATIONS/WARRANTIES AS CONDITIONS OF ENTRY/PARTICIPATION IN CONTEST: By participating in this Contest, an Entrant represents and warrants that: (i) he is of the legal capacity to participate in this Contest; (ii) he and his Submission meet all of the eligibility criteria stated in these Official Rules (iii) he owns all rights and title to his Submission and the Submission is solely his own original work; (iv) he has obtained permission from each person who has in any way participated in or whose efforts have in any way contributed to the creation and/or filming of the Video and that such person(s) has granted the Entrant all necessary rights regarding use of the Video and that he can and will make written copies of such written permissions available to the Sponsor upon request and (iv) the Submission does not infringe the intellectual property, privacy, publicity rights or any other legal or moral rights of any third party. Additionally, an Entrant represents and warrants that throughout his participation in this Contest, he will conduct himself in an appropriate manner and not engage in any behavior or manner that would embarrass Contest Entities or reflect negatively on Sponsor’s products.
(B) GRANTS/WAIVERS: By submitting a Submission, an Entrant assigns to Sponsor, its affiliates, legal representatives, assigns, agents and licensees an irrevocable, exclusive, unlimited, unconditional, royalty-free fully paid up and perpetual license to copy, transmit, publish, post, broadcast, display, adapt, exhibit, reproduce, encode, store and/or otherwise use, reuse or not use his Submission or any portion of the Submission, as submitted or as edited/modified in any way by the said licensees, in their sole discretion in the Contest in any and all media without limitation, worldwide and throughout perpetuity, without additional compensation, notice to or approval from the Entrant. Entrant understands and agrees that although he has granted the above stated license to use or reuse his Submission or any portion thereof as stated hereinabove, Sponsor in its sole discretion, may elect not to so use said Submission. ENTRANT REPRESENTS, UNDERSTANDS AND ACKNOWLEDGES THAT HE WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY IN EXCHANGE FOR GRANTING SPONSOR THESE RIGHTS OR FOR ANY SUBSEQUENT USE OF SUCH SUBMISSION OR ANY PORTION THEREOF BY SPONSOR OTHER THAN ANY PRIZE HE MAY RECEIVE HEREIN. The Entrant waives all intellectual property rights, privacy/publicity rights or other legal or moral rights that might limit or preclude Sponsor’s use of the Submission or any portion thereof and agrees not to sue or assert any claim against Contest Entities arising out of or connected to the use of the Submission or any portion thereof.
(C) INDEMNIFICATION/RELEASE: By submitting a Submission, the Entrant agrees to indemnify and hold harmless the Contest Entities from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements) brought or asserted by any third party against any of them due to or arising out of the Submission or his conduct in creating the Submission or other actions in connection with this Contest, including, but not limited to, claims for trademark infringement, copyright infringement, work product, violation of an individual’s right of publicity or right of privacy, or defamation. The Entrant further agrees to release and hold harmless the Contest Entities from any and all claims that any advertising subsequently produced, presented and/or prepared by or on behalf of Sponsor infringes his rights with regard to the Submission and/or any portion thereof.
INTERNET/LIMITATIONS OF LIABILITY: No liability or responsibility is assumed by Sponsor or Contest Entities resulting from an individual’s participation in or attempt to participate in the Contest. The Contest Entities are not responsible for interrupted or unavailable network server or other connections; for miscommunications; failed telephone or computer transmissions; for jumbled, scrambled or misdirected entries or transmissions; for phone, electrical, network, computer hardware or software or program malfunctions, failures or difficulties; for other errors, omissions, interruptions or deletions of any kind, whether human, mechanical or electronic; or for any damage to any person’s computer related to participating in the Contest. The Contest Entities are not responsible for incorrect or inaccurate information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest; or for any technical or human errors that may occur in the processing of any information in the Contest. Persons found tampering with or abusing any aspect of the Contest, as solely determined by Sponsor, may be disqualified and may be subject to prosecution. Any person attempting to enter using multiple email addresses, multiple identities or any other device or artifice to enter multiple times or to interfere with the proper play of the Contest may be disqualified from participation in the Contest. Additionally, any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Contest will void any attempted participation effected by such methods and may lead to the disqualification of the individual utilizing the same. Sponsor reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Contest, to be acting in violation of these Official Rules or to be acting with the intent to disrupt the intended operation of the Contest. If Sponsor, in its sole discretion, determines that the Contest is not or may not be capable of running as intended because of viruses, bugs, non-authorized human intervention, an insufficient number of Entrants, Finalists or the Grand Prize Winner who are/is in compliance with these Official Rules, or any other causes that corrupt or interfere or may corrupt or interfere with the administration, security, fairness or proper play and/or intended execution of the Contest, Sponsor reserves the right, in its sole discretion, to modify, suspend, cancel or terminate the Contest and proceed in a manner deemed fair and appropriate by Sponsor.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
PUBLICITY RIGHTS: By participating in this Contest, an Entrant agrees to allow Sponsor and/or Sponsor’s designees the perpetual right to use their name, biographical information, photos and/or likeness, videos and statements for Contest, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, worldwide, including, but not limited to, on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
RELEASE: By participating in this Contest, each Entrant releases and agrees to indemnify and hold harmless Contest Entities from and against any and all costs, claims, damages (including without limitation, any special, incidental or consequential damages) or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel or slander), due in whole or in part, directly or indirectly, to participation in the Contest or acceptance of the prize, or arising out of participation in any Contest-related or prize-related activity, whether hosted by Sponsor or a third party.
DISPUTE RESOLUTION: Except where prohibited, by participating in the Contest, an Entrant agrees that: (a) except as otherwise specifically set forth in these Official Rules, any action arising out of or relating to these Official Rules or the rights and obligations of any Entrant and/or Sponsor shall be filed exclusively in the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, MI; and Entrant hereby consents and submits to the personal jurisdiction of such court for the purposes of litigating any such action, and any right to a trial by jury is hereby waived; (b) any and all disputes, claims and causes of action arising out of or connected with these Official Rules, and/or the rights and obligations of any Entrant and/or Sponsor, shall be resolved individually, without resort to any form of class action; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and in no event will Entrant be entitled to receive attorneys’ fees or other legal costs; (d) under no circumstances will Entrant be permitted to obtain injunctive or other equitable relief and Entrant’s sole remedy will be an action at law for damages to the extent allowed by sub-paragraphs (c) and (e) of this Section 13; and (e) under no circumstances will Entrant be permitted, and Entrant hereby waives all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket costs described in (c) above; and (ii) 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 any Entrant and/or Sponsor, shall be governed by and construed in accordance with the laws of the State of Michigan without giving effect or regard to any principles or doctrines of conflicts of law of the State of Michigan or any other jurisdiction. If any provision or provisions of these Official Rules shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
IMPORTANT: This Contest is not in any manner sponsored, endorsed, administered by or associated with Facebook. Each Entrant understands that they are providing their information to Sponsor and its designees and not to Facebook. The information an Entrant provides will only be used as stated in these Official Rules. By participating in the Contest, each Entrant releases and agrees to indemnify Facebook and hold it harmless from and against any and all costs, claims, damages (including, without limitation, any special, incidental or consequential damages) or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel or slander), due in whole or in part, directly or indirectly, to participation in the Contest or arising out of the receipt, use/misuse of or participation in any Contest-related or prize-related activity.
WINNERS LIST: To obtain the name of the Grand Prize Winner and Finalists, send a properly stamped self-addressed envelope, postmarked by 11/30/13, to Turkey Talk-Line Contest Winners List, 35610 Mound Road, Dept. 900, Sterling Heights, MI 48310.
Facebook is a registered trademark of Facebook, Inc. Skype is a registered trademark of Microsoft Corporation.
SPONSOR: Butterball, LLC, One Butterball Lane, Garner, NC 27529.