MCCORMICK FLAVOR FORECAST® SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law and outside the United States. Subject to all federal, state and local laws, regulations, and ordinances. Sweepstakes begins on April 26, 2022 at 12:00:01 a.m. Eastern Time (“ET”) and ends on May 10, 2022 at 11:59:00 p.m. ET (the “Sweepstakes Period”). Administrator’s computer is the official time keeping device for this Sweepstakes. By participating in this Sweepstakes, entrants agree to these Official Rules and the decisions of the Sponsor and Administrator, which are final and binding on all matters related to the Sweepstakes. WINNER MUST BE ABLE TO TRAVEL TO NYC, NY FROM 5/20/2022 TO 5/22/2022.
1. ELIGIBILITY: The McCormick Flavor Forecast® Sweepstakes (the “Sweepstakes”) is open to legal U.S. residents currently residing in the 50 United States and the District of Columbia who are at least 18 years old (19 in Alabama and Nebraska, or 21 in Mississippi) as of the date of entry. McCormick & Company, Incorporated (“Sponsor”), Kaleidoscope Promotions Interactive, Ltd. (“Administrator”), its and their respective parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, and each of their employees, officers, and directors (collectively, the “Sweepstakes Entities”), and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Participation constitutes participant’s full and unconditional agreement to these Official Rules and to Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes and which Sponsor and Administrator may decide in their sole discretion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. SPONSOR AND ADMINISTRATOR: This Sweepstakes is sponsored by McCormick & Company, Incorporated, 24 Schilling Road, Suite 1, Hunt Valley, MD 21031. This Sweepstakes is administered by Kaleidoscope Promotions Interactive, Ltd., 7 Switchbud Place, Suite 192-305, The Woodlands, TX 77380.
3. HOW TO ENTER: During the Sweepstakes Period, you must first download the McCormick Flavor Maker App (“the App”) to your mobile device. The App is available for free on the Apple App Store or Google Play. Once the App has been downloaded, you must open the App to the App’s homescreen, navigate to the Sweepstakes entry form, then complete and submit the entry form with all required information, including your first and last name and a valid email address. Upon completion and submission of the entry form, you automatically will be entered with one (1) entry into the Sweepstakes. You must provide all required information to be eligible to enter and win. By entering, you agree that Sponsor and Administrator may contact you via the information provided, including by email or phone. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply.
LIMIT ONE (1) ENTRY PER PERSON. ADDITIONAL ENTRIES MAY BE DISQUALIFIED. Automated or bulk entries or entries submitted by third parties may be disqualified. Entries must be submitted by the participant. No copies, facsimiles, or mechanical reproductions of the entry form will be accepted. Any attempt by any participant to obtain more than the stated number of entries by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will disqualify that participant’s entries, and that participant and/or entries may be disqualified. Multiple participants are not permitted to share the same email address. In the event of a dispute as to any registration, the authorized account holder of the email address used to enter 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. Potential winners may be required to show proof of being the authorized account holder to the Sponsor and Administrator or forfeit the prize. Entries specifying an invalid, non-working, or inactive email address will be disqualified. Incomplete, illegible, corrupted, or untimely entries will be disqualified.
4. SELECTION OF WINNERS: On or about May 11, 2022, Sponsor or Administrator will select the name of the potential winner of prizes in a random drawing from among all entries received. The odds of winning are based on the number of eligible entries received. The potential winner will be notified using the contact information provided at the time of entry, on or about May 11, 2022.
Except where legally prohibited, each potential Prize winner must sign and return, within three (3) days of being notified, an Affidavit/Declaration of Eligibility, Liability & Publicity Release in order to claim his/her prize. If a potential winner cannot be contacted in person via email and/or telephone after the first attempt to contact him/her, or if he/she fails to sign and return the Affidavit/Declaration of Eligibility, Liability & Publicity Release or any other documentation that Sponsor and Administrator may require, in their sole discretion, within the required time period, if potential winner and any companion are unavailable to travel within any time period specified by Sponsor, or in the event that a potential winner is disqualified for any reason, Sponsor and Administrator will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries. If Sponsor and Administrator are unable to determine and verify a potential winner after repeated alternate drawings or if Sponsor and Administrator fail to receive a sufficient number of entries to correspond to the prize available to be awarded, Sponsor reserves the right to not award the prizes.
Verification of Potential Winners: All potential WINNERS are subject to verification by SponsoR AND ADMINISTRATOR, whose decisions are final AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. A participant is not a winner of any prize unless and until participant’s eligibility HAS been verified and participant has been notified that verification is complete.
5. PRIZE: Prize winner and up to one (1) guest (“Guest”) will be awarded a trip New York City, NY “Prize”). Prize package includes (i) roundtrip coach airfare for two (2) persons from major commercial airport nearest the winner’s residence to an airport close to New York City, (ii) a one (1) night stay for winner and Guest in one (1) double-occupancy hotel room at the Omni Berkshire Place Hotel from May 20, 2022 to May 21, 2022, (iii) one (1) night stay for winner and guest in one (1) double-occupancy in the McCormick Flavor Forecast Suite at the Omni Berkshire Place Hotel from May 21, 2022 to May 22, 2022, (iv) one (1) $150 gift card to aRoqa Restaurant, (v) tasting experiences during the trip, including a sundae bar and coffee butler, (vi) roundtrip chauffeured car transportation to and from the airport and the hotel, (vii) roundtrip chauffeured town car transportation to and from aRoqa Restaurant, and (viii) $500 in spending cash for the winner. Total Approximate Retail Value of Prize: $4,900.00. Travel restrictions, conditions and limitations may apply. ARV of Prize may vary depending on point of departure, travel dates, and fare/rate fluctuations; any difference in value as a result of these fluctuations will not be awarded. Any person that participates in any part of the Prize package that is not deemed to be a Guest must pay his/her own expenses.
6. PRIZE RESTRICTIONS: Terms and conditions apply to the aRoqa Gift Card; see Gift Card front and back for more information. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein, including but not limited to, change of air travel fees, ground transportation, automobile insurance, meals, incidentals, passenger tariffs or duties, surcharges, service charges or facility charges, personal charges at lodging, security fees and/or other expenses, are the responsibility solely of winner. IRS form 1099-MISC will be issued in January 2023, if the value exceeds $600. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prizes or components of a prize. Prize cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these Official Rules is available to be won in the Sweepstakes. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, a prize winner(s) will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.
Prize winner and his/her Guests must be able to travel on dates to be determined by Sponsor. Exact dates of travel to be determined at Sponsor’s discretion. All meals, ground transportation and incidentals not described herein and incurred by Prize winner and his/her Guests will be the sole responsibility of the Prize winner and/or his/her Guests. The Guest must be at time of prize fulfillment the age of majority in the jurisdiction in which s/he resides (and at least eighteen (18) years of age), unless accompanied by a parent or legal guardian, and must complete and return a liability/publicity release and any other documentation required by Sponsor prior to prize award. If Guest is a minor in his/her state of residence, minor’s parent/legal guardian must complete and return all releases on behalf of minor.
Sponsor has the right in their sole discretion to substitute ground transportation for air transportation if Winner’s primary place of residence is within a one hundred fifty (150) mile radius of New York City, NY. No compensation will be awarded in lieu of the difference in the ARV for the Prize for a local resident and the ARV for the Prize who is not a local resident.
Travel must be completed between May 20, 2022 and May 22, 2022. Sponsor will determine which airports will be used for transportation, including which major commercial airport is closest to the winner’s home. Winner and Guest must travel together on the same itinerary. Travel subject to availability and blackout dates. Winner and Guest are responsible for obtaining all necessary travel documents. Travel arrangements must be made through Sponsor’s agent and on an airline carrier of Sponsor’s choice. If required, winner must be available to travel on dates specified by Sponsor or risk forfeiting prize. Certain travel restrictions may apply. If winner elects to travel or participate in the prize travel with fewer than one (1) Guest, no additional compensation will be awarded. If winner elects to travel or participate in prize travel with more than one (1) Guest, such additional persons shall be responsible for any and all costs associated with such travel. Winner and Guest are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. No refund or compensation will be made in the event of the cancellation or delay of any flight except at Sponsor’s discretion. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. The passenger contracts in use by the airlines or other transportation companies shall constitute the sole contracts with respect to the prize winner’s and his/her Guest’s transportation and such contracts shall be solely between the prize winner, his/her Guest and such transportation companies. Lost, stolen or damaged airline tickets will not be replaced or exchanged. With the exception of stopovers approved in advance at Sponsor’s sole discretion, no stopovers are permitted on tickets issued as part of the prize. If a stopover occurs, the prize travel will terminate and winner and his/her Guest will be responsible for the full fare which will be charged from the stopover point for the remaining trip segment(s), including the return. Airline tickets issued in connection with the prize may not be eligible for frequent flyer miles or upgrades. Winner and Guest must comply with all hotel check-in requirements, including, but not limited to, the presentation of a payment card. Air transportation and hotel accommodations must be taken together and cannot be taken separately. SPONSOR SHALL NOT BE RESPONSIBLE FOR ANY CANCELLATIONS, DELAYS, DIVERSIONS OR SUBSTITUTIONS OR ANY ACT OR OMISSIONS WHATSOEVER BY ANY AIR CARRIER(S) OR OTHER TRANSPORTATION COMPANIES, LODGING AND/OR OTHER HOSPITALITY PROVIDERS, ENTERTAINMENT PROVIDERS OR SIMILAR THIRD PARTIES, OR ANY OTHER PERSONS PROVIDING ANY OF THESE SERVICES TO WINNERS INCLUDING ANY RESULTS (INCLUDING BUT NOT LIMITED TO COSTS OR INJURIES) THEREOF SUCH AS CHANGES IN SERVICES OR ACCOMMODATIONS NECESSITATED BY SAME.
In the event winner and/or Guest engages in behavior during travel that (as determined by Sponsor) is obnoxious or threatening, illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the travel early, and send winner and/or Guest home with no further obligations or compensation whatsoever to winner and/or Guest, which may, in Sponsor’s discretion, result in such winner’s disqualification from the Sweepstakes and forfeiture of any (and/or all) prize(s). In the event winner or Guest engages in behavior during travel that (as determined by Sponsor) is illegal, tortious, or subjects winner or Guest to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner or Guest as a result of such conduct. Sponsor shall have no liability for any personal injuries, death, property damage, or other damages or expenses resulting from or arising out of any travel related to the Prize or any other aspect of Prize Winner’s or Guest’s acceptance or use of the Prize.
7. GENERAL CONDITIONS: Participation constitutes participant’s full and unconditional agreement to these Official Rules and to Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes.Sponsor, Administrator and their agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries, lost, interrupted, or unavailable network, server, or other connections, telephone transmission problems, or garbled transmissions or miscommunications; computer or software malfunctions, or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor and Administrator. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, APPLICATION, OR PROGRAM ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website, application, or program associated with the Sweepstakes, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person.
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control, including force majeure events such as but not limited to strike, fire, war, terrorist or governmental action, pandemic, widespread illness, or any other disruptive event beyond Sponsor’s control, impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor.If, for any reason, the Sweepstakes cannot be run as planned, Sponsor may disqualify any suspect entries and (a) suspend the Sweepstakes and modify the Sweepstakes to address the impairment, then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
8. LIMITATION OF LIABILITY AND RELEASES; PUBLICITY: BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANT AGREES THAT SWEEPSTAKES ENTITIES AND ITS AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING AGENCIES, WEBSITE OR APPLICATION PROVIDERS, WEB MASTERS, ANY OTHER ENTITY INVOLVED IN THE MARKETING, PROMOTION, DEVELOPMENT, ADMINISTRATION, OPERATION, OR FULFILLMENT OF THE SWEEPSTAKES, OR PREPARATION, MANUFACTURE, PROVISION, OR DELIVERY OF ANY PRIZE OR PRIZE COMPONENT, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY PARTICIPANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION INJURIES, LOSSES OR DAMAGES TO PERSONS, INCLUDING WITHOUT LIMITATION PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS SWEEPSTAKES CANNOT BE ADMINISTERED OR CONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, EPIDEMICS, COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY, OR ANY OTHER SIMILAR ACT, EVENT, OR OCCURANCE BEYOND THE REASONABLE CONTROL OF THE SPONSOR. BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE, APPLICATION, OR PROGRAM ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH WEBSITE, APPLICATION, OR PROGRAM.
EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES PARTICIPANT’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND THE RELEASED PARTIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE PARTICIPANT’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE APP AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
9. DISPUTES. This Sweepstakes is governed by the laws of the United States. Except where prohibited, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Maryland or the appropriate State Court located in Baltimore County, MD; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes not to exceed fifty US Dollars (US$50.00), but in no event attorneys’ fees; and (3) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses (not to exceed fifty US Dollars (US$50.00), and any and all rights to 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 the participant and Sponsor and Administrator in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Maryland, without giving effect to any choice of law or conflict of law rules (whether of the State of Maryland or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Maryland.
11. OFFICIAL RULES AND WINNERS LIST: For a copy of the Official Rules, visit www.mccormick.com/flavorsuite-sweepstakes-rules. For the names of the Winners, send a self-addressed, stamped envelope within ninety (90) days of the end of the Entry Period to: Kaleidoscope Promotions Interactive, Ltd., 7 Switchbud Place, Ste. 192-305, The Woodlands, TX 77380, Attn: McCormick 2022 Flavor Forecast Sweepstakes.Vermont residents may exclude return postage on requests for Official Rules.
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