StarKist® Audrey McClelland Sweepstakes
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED. THIS PROMOTION IS NOT SPONSORED BY, ENDORSED BY, ADMINISTERED BY OR OTHERWISE ASSOCIATED OR AFFILIATED WITH TWITTER.
1. TIMING: The StarKist® Audrey McClelland Sweepstakes (“Sweepstakes”) begins on August 15, 2018, at 8:00 p.m. Eastern Time (“ET”) and ends at 9:00 p.m. ET the same day (the “Sweepstakes Period”). Sponsor’s computer is the official time keeping device for this Sweepstakes.
2. SPONSOR: StarKist Co. 225 North Shore Drive, Suite 400, Pittsburgh, PA 15212. ADMINISTRATOR: Coburn Communication, 130 W 42nd St, Suite 950, New York, NY 10036. HOST: Audrey McClelland (@AudreyMcClellan)
3. ELIGIBILITY: The Sweepstakes is open only to legal residents of the fifty (50) United States (including the District of Columbia) who are at least eighteen (18) years old at the time of entry. Employees of StarKist Co., and any of its affiliate companies, as well as the immediate family (spouse, parents, in-laws, siblings, and children) and household members of each such employee are not eligible. Void where prohibited by law. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Participation in the Sweepstakes constitutes participant’s full and unconditional agreement to these Official Rules and by the Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. HOW TO ENTER: During the Sweepstakes Period, log in to or create your Twitter account. Creating a Twitter account is free but is subject to its terms and conditions (https://twitter.com/tos). Then, follow @StarKistCharlie and @AudreyMcClellan during the live Twitter party. When asked a question by @AudreyMcClellan, send a response tweet to @AudreyMcClellan with your answer to the question along with the hashtags #StarKistChickenCreations and #sweeps to enter. You must complete all of the above steps in order to obtain an entry into the Sweepstakes. Your account settings must be set to “unprotected” and/or “public” in order for your Tweets to be viewable by Sponsor and its agents. If you post updates to or receive updates from www.twitter.com from your mobile device you may incur message and data rates. Please consult your wireless service provider regarding its pricing plans. Limit: You may enter one (1) time per question posted during the Sweepstakes Period per Twitter address. Use of any automated system to participate is prohibited and will result in disqualification of participant and voiding of all of participant’s entries. In the event of a dispute as to any Twitter account or email address, the authorized account holder of the email address used to register at Twitter.com or for such email address will be deemed to be the participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.
5. WINNER SELECTION AND NOTIFICATION: Throughout the duration of the Sweepstakes Period, the Host @AudreyMcClellan will randomly select five (5) potential Prize Promotion winners by selecting one (1) respondent to each of five (5) questions posed by the Host in a series of random drawings from among all eligible entries received during the Sweepstakes Period. Winners need not be present. Each potential winner will be notified throughout the Sweepstakes Period by the Host announcing the potential winner(s) during the live Twitter party feed. Each potential winner will be asked to send a direct message through Twitter to the Host with his/her name, address, and email address in order to claim a prize. If a potential winner does not respond within two (2) days of the first attempt to contact him/her or prize is returned as undeliverable, potential winner forfeits prize. If a winner has not reached the age of majority in his/her state of residence, then the prize will be awarded in the name of his/her parent or legal guardian. If the potential winner fails to respond within the required time period or prize is returned as undeliverable, potential winner forfeits prize, and an alternate participant will be selected in his/her place at random from among all remaining eligible entries received during the relevant Sweepstakes Period. Prize will be fulfilled 2-4 weeks after winner confirmation.
6. PRIZE: Five (5) Prizes: Each Prize winner will receive one (1) prize pack consisting of: (a) a selection of eight (8) Chicken Creations™ pouches, to be determined by the Sponsor in its sole discretion; (b) one (1) mom agenda; (c) one (1) everyday bag; (d) one(1) $25 Visa gift card. Approximate Retail Value (“ARV”): $100 each. Total ARV of All Prizes: $500. FOR ALL PRIZES: No cash or other substitution, assignment or transfer of any prizes permitted, except by Sponsor, who reserves the right to substitute a prize or prize component with cash or another prize of comparable or greater value. Winner is responsible for all federal, state and local taxes and fees associated with prize receipt and/or use. Prizes will be awarded “as is” with no warranty or guarantee, either express or implied offered by Sponsor. Odds of winning depend on the number of eligible entries received for each drawing. Limit: One (1) prize per person. Winner must comply with all terms and conditions of these Official Rules in order to claim a prize.
7. PUBLICITY: By entering the Sweepstakes and/or accepting prizes, each entrant grants to Sponsor (and its licensees and partners) a non-exclusive, worldwide, royalty-free, perpetual license to edit, publish, promote, republish at any time in the future, and otherwise use entrant’s name, likeness, biographical information, submission and any other information or materials provided by entrant, in any and all media now known or hereinafter devised, without territorial restriction (except where prohibited by law), for possible editorial, publicity, promotional or advertising purposes, without further permission, notice or compensation (except where prohibited by law). All submissions, including submission file and content, if applicable, will become the property of Sponsor, and may be used by Sponsor for commercial purposes without payment of any kind to the participating entrants. Each entrant agrees to irrevocably and unconditionally transfer and assign to Sponsor all rights to all information submitted during the Sweepstakes, and agrees to execute and deliver such documents, certificates, assignments and other writings, and take such other actions as may be necessary or desirable to vest in Sponsor the ownership rights granted to Sponsor hereunder.
8. GENERAL CONDITIONS: Sponsor is not responsible for problems with the submissions, including, but not limited to, lost, late, incomplete, invalid, unintelligible, or misdirected entries, which will be disqualified. Sponsor reserves the right, in its sole discretion, to modify, suspend, or cancel the Sweepstakes, and select the winner(s) from the eligible entries received prior to the modification, suspension, or cancellation. Sponsor agrees to take such action in a fair and appropriate manner. In addition, Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the submission process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any other participant’s submission or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
9. RELEASE AND LIMITATION OF LIABILITY: BY RECEIPT OF ANY PRIZE, WINNER AGREES TO RELEASE AND HOLD HARMLESS SPONSOR, TWITTER, INC., AND ANY PROMOTIONAL PARTNERS, OF EACH OF THEIR PARENT, SUBSIDIARY, AFFILIATE AND RELATED COMPANIES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY THE “RELEASED PARTIES”) FROM AND AGAINST ANY LOSSES, DAMAGES, RIGHTS, CLAIM OR CAUSE OF ACTION OF ANY KIND ARISING, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, OUT OF PARTICIPATION IN THE SWEEPSTAKES OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by participants or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) unauthorized human intervention in any part of the entry process or the Sweepstakes; (3) technical or human error which may occur in the administration of the Sweepstakes or the processing of Sweepstakes submissions, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (4), late, lost, undeliverable, or damaged mail; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Sweepstakes or receipt or use of any prize or while traveling to or from any prize-related activity. Each winner also further acknowledges that the Released Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law relative to any prize or any Sweepstakes including but not limited to quality, condition or fitness for a particular purpose. If for any reason a participant’s submission is confirmed to have been erroneously lost, or otherwise destroyed or corrupted, participant’s sole remedy is another submission and thereby another entry into the Sweepstakes. No more than the stated number of prizes will be awarded.
10. DISPUTES: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with any Sweepstakes or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate courts located in the Commonwealth of Pennsylvania, U.S.A.; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering any Sweepstakes but in no event attorneys’ fees; and (iii) under no circumstances will participant be permitted to obtain awards for and participant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Pennsylvania, U.S.A. or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Pennsylvania, U.S.A.
11. ENTRANT’S PERSONAL INFORMATION: Information collected from entrant is subject to Sponsor’s privacy policy, available at http://starkist.com/content/privacy-policy.
12. WINNER’S LIST: For the name of the prize winner in the Sweepstakes, send a self-addressed, stamped envelope to “StarKist Audrey McClelland Sweepstakes” Attn: Coburn Communication, 130 W 42nd St, Suite 950, New York, NY 10013.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Twitter. Information is being provided to Sponsor, not Twitter.