StarKist® Red Carpet Ready Sweepstakes
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED. ANY PROMOTION IS NOT SPONSORED BY, ENDORSED BY, ADMINISTERED BY OR OTHERWISE ASSOCIATED OR AFFILIATED WITH FACEBOOK OR INSTAGRAM.
TIMING: The StarKist® “Red Carpet Ready” Sweepstakes (the “Sweepstakes”) begins on February 3, 2020, at 9:00 a.m. Eastern Time (“ET”), and ends on February 12, 2020, at 11:59 p.m. ET (the “Sweepstakes Period”). Administrator’s computer is the official time keeping device for this Sweepstakes.
SPONSOR: StarKist Co. 225 North Shore Drive, Suite 400, Pittsburgh, PA 15212.
ADMINISTRATOR: quench, 1006 Market Street, Harrisburg, PA 17101.
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 and who have reached the age of majority in their state of residence. 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.
HOW TO ENTER: During the Sweepstakes Period, follow StarKist on Instagram or Facebook. Look for Sponsor’s Sweepstakes post, and comment in the comment section connected to such post. Your comment must meet the Social Media Sumission Requirements and Submission Guidelines below set forth.
Social Media Submission Requirements:
a. Facebook. Visit http://facebook.com and log into or create a Facebook account using your valid email address that you select to use for your Facebook account. Creating an account is free, but the use of Facebook is governed by its terms of service (available at https://www.facebook.com/terms.php). Then, “like” StarKist on Facebook. Follow the instructions to comment on the StarKist Sweepstakes post on Sponsor’s Facebook page. Posting a photo or text on Facebook from your mobile device may incur message and data rates. Please consult your wireless service provider regarding its pricing plans.
b. Instagram. Log in to or create your Instagram account. Creating an Instagram account is free but is subject to Instagram's terms (https://help.instagram.com/478745558852511). Then, follow @StarKistCharlie. Follow the instructions to comment on the StarKist Sweepstakes post on Sponsor’s Instagram account. If you do not have the Instagram App, you may download it through the application store on your mobile device. Posting a photo on Instagram requires a mobile device and message and data rates may apply. Please consult your wireless service provider regarding its pricing plans.
All Submissions must comply with the Submission Guidelines below set forth. Any Submission that does not comply with these guidelines will not be eligible to win a prize in the Sweepstakes and the submitting entrant may be disqualified from the Sweepstakes at the discretion of Sponsor. No notice or opportunity to correct a Submission will be given. All decisions about the eligibility of any particular Submission will be made at Sponsor’s sole discretion, and are final and binding in all respects.
The Submission must:
- Be in a format acceptable to Facebook and Instagram; and
- Be in English, if text is included.
The Submission must not:
- Have been submitted previously in a promotion of any kind;
- Contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- Disparage Sponsor or any person or party affiliated with the Sweepstakes and administration of this Sweepstakes;
- Feature (other than incidental use) brand names or trademarks other than those owned by Sponsor;
- Contain text or imagery that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- Contain text or imagery 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;
- Contain the image of any minor without the explicit permission of his/her legal guardian; or
- Contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where submission is created.
Once you complete these steps, you will automatically receive one (1) entry into Sweepstakes.
For All Entries: Limit: You may enter one (1) time per social media platform (i.e., once on Facebook and once on Instagram), for a maximum of two (2) entries into the Sweepstakes. 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 Facebook or Instagram accounts or email addresses, the authorized account holder of the email addresses used to register at Facebook.com or Instagram.com for such email addresses 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.
WINNER SELECTION AND NOTIFICATION: On or around February 13, 2020, the Administrator will randomly select one (1) potential Grand Prize winner and one (1) potential Second Prize winner from among all eligible entries received during the Sweepstakes Period. In the event that the same potential winner is drawn for the Grand Prize and the Second Prize, the Administrator will draw another potential winner for the Second Prize. Winners need not be present. The potential winners will be notified on or about the date of the applicable drawing on Facebook and Instagram Timeline by a comment asking the potential winner to send a private message to Administrator. Except where prohibited, each potential winner may be required to sign and return to the Sponsor, within ten (10) days of being notified, an Affidavit of Eligibility, Liability & Publicity Release, in order to claim his/her prize. If a potential winner cannot be contacted within forty-eight (48) hours of the first attempt to contact him/her or if he/she fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release 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 Sweepstakes Period. Prize will be fulfilled 1-4 weeks after winner confirmation.
PRIZE: ONE (1) GRAND PRIZE: One (1) Grand Prize winner will receive a prize package consisting of: one (1) $500 gift card to Stitch Fix, one (1) $500 gift card to Lululemon, one (1) $500 beauty gift card, one (1) Away weekender bag in winner’s choice of navy or coast colors, winner’s choice of up to $100 in S’well products, and twenty-five (25) StarKist Creations® pouches (including one (1) of each of the available 2.6oz or 3.0oz flavors). Grand Prize winner will have the choice of retailer for the beauty gift card from options provided by Sponsor. Approximate Retail Value (“ARV”) of Grand Prize: $1,856.25. ONE (1) SECOND PRIZE: One (1) Second Prize winner will receive a prize package consisting of: one (1) $175 gift card to Stitch Fix and twenty-five (25) StarKist Creations® pouches (including one (1) of each of the available 2.6oz or 3.0oz flavors). ARV of Second Prize: $206.25. TOTAL ARV OF ALL PRIZES: $2,062.50. 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. Prize winner may be required to provide Sponsor with his/her social security number and may receive a 1099 IRS tax form at year end for the retail value of the prize. Prize will be awarded “as is” with no warranty or guarantee, either express or implied offered by Sponsor. Odds of winning a prize depend on the number of eligible entries received during the Sweepstakes Period. Limit: One (1) prize per person. Winner must comply with all terms and conditions of these Official Rules in order to claim a prize.
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.
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, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor shall 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.
RELEASE AND LIMITATION OF LIABILITY: BY RECEIPT OF ANY PRIZE, WINNER AGREES TO RELEASE AND HOLD HARMLESS SPONSOR, FACEBOOK, INC., AND INSTAGRAM, 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. The 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.
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.
WINNER’S LIST: For the name of the individuals receiving prizes in the Sweepstakes, send a self-addressed, stamped envelope to StarKist® “Red Carpet Ready” Sweepstakes, Attn: quench, 1006 Market Street, Harrisburg, PA 17101. Requests must be received by August 31, 2020.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. Information is being provided to Sponsor, not Facebook or Instagram.