French's Hot Dog Club SWEEPSTAKES OFFICIAL RULES

 

NO PURCHASE OR PAYMENT IS REQUIRED TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING. Void where prohibited or restricted by law. Winner is responsible for the payment of any applicable taxes on the Prize.  Sweepstakes are in no way sponsored, endorsed or administered by, or associated with Instagram or any other social media site that may be utilized by the Sweepstakes.    
  
1. Sponsor and Administrator:
The French's Hot Dog Club Sweepstakes (“Sweepstakes”) is sponsored and administered by McCormick & Company, Incorporated, 24 Schilling Road, Suite 1, Hunt Valley, MD 21031 (“Sponsor”).  By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, whose decisions shall be final and legally binding in all respects.

2. Sweepstakes Period:
The Sweepstakes begins March 23, 2020 at 12:00:00 a.m. Eastern Daylight Time (“ET”) and ends April 5, 2020 at 11:59:59 p.m. ET(the “Sweepstakes Period”).  There will be two promotion periods (“Promotion Periods”):  March 23, 2020 at 12:00:00 a.m. Eastern Daylight Time (“ET”) to March 30, 2020 at 11:59:59 Eastern Daylight Time (“ET”), and March 31, 2020 at 12:00:00 a.m. Eastern Daylight to April 5, 2020 at 11:59:59 p.m.  The time clock of the computer administering this Sweepstakes is the official clock for this Sweepstakes.  Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. 

3. Eligibility:
The Sweepstakes is open to all legal residents of the fifty (50) United States and the District of Columbia who have reached the age of majority in their state of domicile at the time of entry.  The employees, officers, directors, and agents of Sponsor and each of its affiliates, subsidiaries, advertising and promotion agencies, and any and all other companies associated with the Sweepstakes (collectively, the “Promotion Entities”), and their immediate family members (i.e., spouse and parents, children, siblings, and their respective spouses regardless of where they live), and individuals living in the households of the above, whether related or not, are not eligible to enter or win a prize. All applicable federal, state and local laws and regulations apply. Winning a prize is contingent upon fulfilling all requirements set forth herein.

4. How to Enter:
You may enter this Sweepstakes via Instagram by posting on your Instagram account a picture of your dog and using the hashtags #FrenchsHotDogClub and #Sweepstakes. No other method of entry is permitted. Incomplete, illegible, or garbled entries will be disqualified. There will be no verification of receipt of entries. 

You must be a member of Instagram to participate in the Sweepstakes and your account, or at least your entry post, must be viewable by the public.  Joining Instagram is free.  To be eligible for the Sweepstakes, posts must be submitted in compliance with the format and other requirements set forth on the Instagram, and such requirements are made part of these Official Rules and incorporated herein by reference.  Use of any robotic, automatic, programmed, mechanically reproduced, automatically generated or similar entry methods or more than one (1) entry will void all entries and result in disqualification.  Entries must not defame or violate the publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any personal or proprietary rights of any person or entity, or contain or link to any material that is obscene, profane, lewd, defamatory, threatening, violent, harassing, disparaging or offensive. Entries must not contain any material that is owned by any third party, or includes any third party, or that otherwise violates or infringes any copyright or trademark or other right of any third party. Normal time rates, data rates and other fees or charges, if any, charged by the entrant’s Internet access, phone or mobile service provider will apply. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address associated with the Instagram account used to enter will be deemed to be the entrant or participant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address.

5. Entry Limit: One (1) entry per person is permitted during the Sweepstakes Period. If you entered during Promotion Period 1 and you did not win, your entry will automatically be rolled over to Promotion Period 2.  You may not win more than one prize, and if you are selected as a winner during Promotion Period 1, your entry will be eliminated from the entry pool.

6. Winner Selection/Random Drawing: Within five (5) days of the end of each Promotion Period within the Sweepstakes Period (i.e., within five (5) days after March 30, 2019; and April 5, 2019), the Sponsor will randomly select fifteen (15) potential prize winners from all eligible entries received during such Promotion Period. The winner(s) is/are deemed to be potential winner(s), pending verification of the entrant’s eligibility and compliance with these Official Rules as determined by Sponsor in its sole and absolute discretion.

 

Promotion Period

 

Start Date/Time

 

End Date/Time

 

Drawing Date (estimated) – within 5 days after below dates

 

Number of Promotion Period Prize Winners

1

3/23/20 at 12:00:00 a.m. ET

3/30/20 at 11:59:59 p.m. ET

3/30/20

15 Winners

2

3/31/20 at 12:00:00 a.m. ET

4/5/20 at 11:59:59 p.m. ET

4/5/20

15 Winners


7. Prizes, Approximate Retail Value (“ARV”) and Odds of Winning:

A. Prizes:

There will be thirty (30) Prize Winners, fifteen (15) for each Promotion Period. Each prize consists of a package with one (1) French’s Mustard Plush Dog Toy, and one (1) French’s mustard bottle, one (1) French’s ketchup bottle, two (2) French’s premium mustards, and one (1) French’s specialty mustard (total ARV$30).


 

Promotion Period

 

Prize Winner

 

Prize

 

Prize ARV

 

Total Prize ARV

1-2

30 Winners total

Prize consisting solely of: a) French’s logoed dog toy and b) one bottle of French’s original mustard, one French’s ketchup bottle, two jars of French’s premium mustards, and one French’s specialty mustard.

$30

$900


B. Total ARV:
The total ARV of all Prizes is $900.

C. Odds of Winning: The odds of winning a Prize depend on the total number of eligible entries received during each Promotion Period during the Sweepstakes Period.

D. Prize Restrictions: Only the Prize(s) stated in these Official Rules will be awarded. If, for any reason, more Prize notifications are sent (or more claims received) than the number of Prizes offered as set forth in these Official Rules, Sponsor reserves the right to award the intended number of Prizes through a random drawing from among all eligible Prize claims received. Limit one (1) Prize per person/household. Sponsor will not replace any lost or stolen prizes or components of a prize(s).  Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to substitute a Prize of equal or greater value. 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.

8. Winner Verification and Notification: Potential winners are subject to verification of eligibility and compliance with these Official Rules. Announcement and instructions for the Prize will be sent to the potential Prize winner’s email account, including requesting the potential winner to provide his/her complete first and last name (no initials), physical mailing address, telephone number, and date of birth. Once the potential winner’s initial information is received, Sponsor will send an email within approximately twenty-four (24) hours with further instructions on how to claim the Prize, and the potential winner has forty-eight (48) hours to respond to the Sponsor’s email with the requested information or the Prize may, at the Sponsor’s sole discretion, be forfeited. Each entrant is responsible for monitoring his/her Instagram or email account for Prize notification and receipt or other communications related to this Sweepstakes.

Sponsor will have the right in its discretion to require any or all winners to complete, sign and return an Affidavit of Liability & Publicity Release and Assignment of Rights (“Affidavit”). Each entrant to whom Sponsor provides an Affidavit must complete, sign and return the Affidavit via a method specified by Sponsor within forty-eight (48) hours after delivery of the Affidavit to the winner. Winners who are not required by Sponsor to complete, sign and return an Affidavit, if any, may be required by Sponsor to confirm (e.g., via email) their eligibility, compliance with the Official Rules and/or grant of rights (in accordance with Grant of Rights section of these Official Rules) within twenty-four (24) hours after Sponsor’s request.

If a potential winner is disqualified, does not return any required document or provide any required information within the time period specified by Sponsor, found to be ineligible or not in compliance with these Official Rules, the Prize may be forfeited, and in the Sponsor’s sole discretion, the forfeited Prize may be awarded to an alternate winner, selected in a random drawing from among all remaining eligible entries as determined by Sponsor in its sole discretion. All federal, state, and local taxes imposed on the acceptance of a Prize are solely the responsibility of each winner. Sponsor will attempt to notify each potential winner as set forth above, but Sponsor is not responsible for any undelivered Direct Messages, emails, or other attempts at contact, including, without limitation, emails that are not received because of a winner’s privacy or spam filter settings which can divert any Sweepstakes email, including any winner notification email, to a spam or junk folder. The right to receive a Prize is non-assignable, non- transferable, and no Prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a Prize of equal or greater value. Any and all other costs and expenses not expressly stated herein are the sole responsibility of the winner.  All materials submitted become the property of the Sponsor and will not be returned or acknowledged.  

9. General Conditions: Sponsor has the right, in its discretion, to cancel, suspend and/or modify the Sweepstakes, or any part of it, to modify these Official Rules and to change any of the dates and/or times indicated in these Official Rules, at any time in its discretion, including without limitation in the event of any changes to the terms applicable to the use of Instagram or in connection with any fraud, technical failure or problem or occurrence that in Sponsor's judgment impairs the integrity or proper functioning of the Sweepstakes or prevents the Sweepstakes from being conducted as planned, as determined by Sponsor in its sole discretion. In the event of cancellation or early termination of the Sweepstakes, winners of applicable prizes will be selected in accordance with the procedures set forth in these Official Rules from among all eligible entries received prior to cancellation or termination, if any.  Proof of making a post will not be deemed proof of receipt by Sponsor. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 

WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE 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 in its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, 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, in its sole discretion, will determine the validity of each entry. If Sponsor determines or believes that any entry is fraudulent, illegitimate or invalid, or that any entrant has failed to comply with or has violated any provision of these Official Rules, Sponsor will have the right in its discretion to disqualify any affected entrant and/or to void any suspect or affected entries. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor. In the event of any conflict between these Official Rules and any Sweepstakes information provided elsewhere (including, without limitation, in advertising or marketing materials), these Official Rules shall prevail.

10. Release and Limitation of Liability: By participating in and/or entering the Sweepstakes, each entrant, and each person who completes any part of the entry process releases and agrees to  indemnify and hold harmless Sponsor, its subsidiaries, affiliates, Instagram, and all  Promotion Entities, each of their respective subsidiaries and affiliates, and each of their respective agents, representatives, officers, directors, shareholders, employees, and successors and assigns (collectively, “Released Parties”) from and against any and all claims and causes of action of any kind that the entrant or other person ever had, now has or might in the future have arising out of or relating to the Sweepstakes, participation and/or entry in the Sweepstakes, the provision, acceptance or use of any prize or prize component, or any use of the entrant’s Personality Rights (as defined below) as permitted pursuant to these Official Rules, including without limitation any and all claims and causes of action (a) relating to any personal injury, death or property damage or loss sustained by any entrant or any other person, (b) based upon any allegation of violation of the right of privacy or publicity, misappropriation, defamation, or violation of any other personal or proprietary right, or (c) based upon any allegation of a violation of any law, rule or regulation relating to personal information or data security. Each entrant and each person who completes any part of the entry process agrees not to assert any such claim or cause of action against any of the Released Parties. Each entrant and each person who completes any part of the entry process assumes the risk of, and all liability for, any injury, loss or damage caused, or claimed to be caused, by participation in this Sweepstakes or the provision, acceptance or use of any prize or prize component. The Released Parties are not responsible for, and will not have any liability in connection with, any typographical, printing, production, distribution or other error and may modify, rescind, cancel or revoke this Sweepstakes based upon any such error without liability and at Sponsor’s sole discretion. The Released Parties are not responsible for, and will not have any liability in connection with, late, lost, delayed, illegible, damaged, corrupted or incomplete Instagram posts or entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information or any other human, mechanical or technical error of any kind relating to the Sweepstakes, any website associated with the Sweepstakes, communications or attempted communications with any entrant, failures of or delay in any mobile, wireless, Internet or cellular transmission or connection or the submission, collection, storage and/or processing of entries or the administration of the Sweepstakes.  The Released Parties are not responsible if any Prize cannot be awarded due to cancellations, delays, or interruptions due to acts of God, acts of war, natural disasters, weather, or terrorism.  

BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANTS AGREE THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY SUCH SITE.  EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING 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.  

11. Grant of Rights: By participating in and/or entering the Sweepstakes, each entrant irrevocably grants to Sponsor and its subsidiaries, affiliates and advertising and promotion agencies, and the successors and assigns and licensees of each of the foregoing the right to use the entrant’s name, Instagram handle, likeness, voice, persona, biographical information and/or statements attributed to the entrant, entry materials, and the entrant’s entry posts (“Personality Rights”), in whole or in part, in perpetuity, throughout the world, in all media and formats whether now or later known or developed, including without limitation via Sponsor’s and third-party websites and social media and digital channels, for advertising, trade, promotional and commercial purposes and any other purposes, without further notice or compensation, unless prohibited by law, and hereby releases the Sponsor and its subsidiaries, affiliates and advertising and promotion agencies, and the successors and assigns and licensees of each of the foregoing from all claims arising out of the use of such Personality Rights.  Each entrant further irrevocably grants Sponsor and its subsidiaries, affiliates, and advertising and promotion agencies, and the successors and assigns and licensees of each of the foregoing the perpetual, worldwide, royalty-free right to record, copy, publish, use, edit, exhibit, distribute, perform, transform, reproduce, transmit, broadcast, display, merchandise, license, sublicense, adapt and/or modify such entry in any way, in any and all media, without limitation and without any compensation to the entrant. Submission of an entry further constitutes the entrant's consent to irrevocably assign and transfer to Sponsor any and all rights, title and interest in the entry, including, without limitation, all copyrights.

12. Disputes; Governing Law: Except where prohibited by law, entrant 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 state of Maryland without regard its conflict of laws principles with venue in the state of Maryland and all claims must be resolved in the courts in the state of Maryland (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, but in no event attorneys' fees; and (3) unless otherwise prohibited, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than actual out-of-pocket expenses, 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 entrant and Sponsor 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.

13. Privacy Policy: Any personally identifiable information collected during an entrant’s participation in this Sweepstakes will be collected by Sponsor or its agent and used by Sponsor, its affiliates, agents, and marketers for purpose of the proper administration and fulfillment of the Sweepstakes as described in these Official Rules, and in accordance with Sponsor’s Website Privacy Policy at http://www.mccormick.com/privacy-policy

14. Winners List: To request the names of the Prize winners, send an email with subject line “French’s Hot Dog Club Sweepstakes” to Social_Admin@McCormick.com. Requests must be received no later than July 10, 2020. The Prize winners’ name will be provided when the drawing has been conducted and the winner verified.

15. Additional Information: Promotions are in no way sponsored, endorsed or administered by, or associated with Instagram or any other social media site that may be utilized by the Sweepstakes.  You understand that you are providing your information to Sponsor and not to Instagram.    

Copyright ©2020 McCormick & Company, Incorporated All trademarks shown are the property of their respective owners in the United States and other countries.  All rights reserved.