- Eligibility: The Old Bay “You Don’t Just like It” Contest (the "Contest") is open only to legal residents of the fifty (50) United States and the District of Columbia who possess a web-enabled mobile device and are at least 18 years old as of May 31, 2019. Persons who at any time during the Contest Period (or, if winner, as of the date of prize fulfillment) are employees, officers or directors of McCormick & Company, Inc. ("Sponsor"), Don Jagoda Associates, Inc. ("Administrator"), Grey Group or any of their respective parents, affiliates or subsidiaries or of any other company involved in the development or execution of the Contest, and persons who are a member of the immediate family (spouses, parents, siblings and children, regardless of where they live) of any such employee, officer or director or who live in the same household (whether or not related) as any such employee, officer or director, are not eligible to enter or win. Participation constitutes Entrant's full and unconditional agreement to these Official Rules and to Sponsor's and/or Administrator's decisions, which are final and binding in all matters related to the Contest. Winning the Grand Prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of the winner.
- Sponsor/Administrator: The Sponsor is McCormick & Company, Inc., 24 Schilling Road, Suite 1, Hunt Valley, MD 20131. The Administrator is Don Jagoda Associates, 100 Marcus Drive, Melville, NY 11747.
- Entry Requirements, Representations and Warranties:
You acknowledge and agree to the following with respect to the Entry you submit: Entries will not be acknowledged. The Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram. Automated, script, macro or robotic Entries submitted by individuals will be disqualified. By submitting an Entry, each Entrant irrevocably grants to Sponsor and its parent companies, 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 and the Entrant’s Entry (including, without limitation, the photo or video that is part of the Entry) (“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.
Any Entry not in compliance with the above and which does not meet the requirements of these Official Rules will be disqualified.
- Entry must be in English and caption must be 50 words or less.
- If anyone other than you is depicted in the photo/video, then prior to posting, you must make them aware that you are submitting their image in this Contest and obtain their consent for their depiction in the photo/video, the posting of the photo/video on Instagram and the use of the photo/video and their images as permitted pursuant to these Official Rules. If any additional person is a minor is his/her state of primary residence, Entrant must be parent or legal guardian of minor depicted. If photo/video features additional people, they (or Entrant as parent or legal guardian) may be required to sign a release form, in Sponsor’s sole discretion. Do not submit a photo/video of anyone who has not given you permission.
- Entry must not contain, include, or encourage images or activities that are dangerous, unsafe, or present unreasonable risk of harm to person or property.
- The Entry, or portion thereof, must not contain obscene, profane, lewd, defamatory or inappropriate content, or be disparaging to Sponsor, as determined in Sponsor’s sole discretion.
- Entry must not, and you represent and warrant that it will not, violate or infringe any third-party copyright, trademark, trade dress, logos (excluding Old Bay), or other proprietary right of any entity or person (living or deceased), including, but not limited to rights of privacy, publicity or portrayal in a false light.
- Entry must not make reference to any commercial/corporate advertising, including but not limited to corporate logos, brand names (other than Old Bay), slogans, political, or religious statements, or be otherwise objectionable.
- Video entries must not be longer than 30 seconds and must not include any music/content protected by a copyright.
- Entry must not include any representation or likeness of celebrities, athletes, musicians, or any other public or private figure (living or dead unless you have express permission), any commercial solicitation or promotional materials or last name, address, phone number, or URL address.
- Entrants and all submitted Entries must be in keeping with the image or message of the Sponsor in its sole discretion, or Entry will be disqualified from the Contest.
- Entry must be your sole original work and may not have been submitted previously in a contest of any kind or previously exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means.
- You must own all rights in the Entry and have the right to grant Sponsor a license to use the Entry (including the photo/video and any other material embodied in the Entry).
- Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- The Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor and its Administrator or their products or other people, products or companies.
- Entry must not contain content that is known by you to be false, inaccurate or misleading.
- Random Drawing/Grand Prize Winner Judging: On or about August 21, 2019, two thousand six hundred and twenty-five (2,625) Entries will be randomly selected from among all eligible Entries received throughout the Contest Period. In the event there are fewer than 2,625 eligible Entries received, there will be no random drawing and all eligible Entries will proceed to the judging. Drawing will be conducted by the Administrator, an independent judging organization whose decisions are final and binding on all matters related to the random drawing, if applicable. The odds of being selected in the random drawing to be judged depend on the total number of eligible Entries received throughout the Contest Period.
On or about August 29, 2019, the two thousand six hundred and twenty five (2,625) Entries selected in the random drawing (or all eligible Entries received) will be judged by a panel of Sponsor representatives (“Judges”), based on the following criteria:
- Originality/Creativity – 30%
- Photographic/Video Depiction Exhibiting Ultimate Fan-Type Behavior – 30%
- Quality of Entry – 20%
- Best Expression of Individual's Enthusiasm – 10%
- Marketability – 10%
The Entry that receives the highest score from the Judges will be deemed the potential Grand Prize winner, subject to verification. In the event of a tie, tied Entries will be re-judged by the Judges based 50% on Originality/Creativity and 50% on Photographic/Video Depiction Exhibiting Ultimate Fan-Type Behavior. Sponsor/Judges’ decisions are final with respect to all matters relating to the judging. By participating, Entrants agree to the decisions of the Judges/Administrator, which shall be final and binding in all respects. No information regarding Entries, random drawing or judging will be disclosed to any third party not involved in the conduct of the Contest.
- Winner Notification: Potential winner will be notified by direct message on Instagram. Potential winner must respond to direct message within twenty-four (24) hours after the direct message is sent. If potential winner does not respond to the direct message within twenty-four (24) hours after the direct message is sent, Sponsor will have the right in its discretion to disqualify the potential winner and determine an alternate potential winner, who will be notified and must respond in accordance with these Official Rules. The potential Grand Prize winner must provide to Sponsor, upon request, his or her email address and such other information as Sponsor may require for verification and prize fulfillment purposes. The potential Grand Prize winner must then sign and return an Affidavit of Liability & Publicity Release (where legal) and Assignment of Rights (collectively, “Affidavit”). The Affidavit must be completed, signed and return the Affidavit via a method specified by Sponsor within five (5) days after delivery of the Affidavit to the winner. If the potential winner does not return any required document or provide any required information within the time period specified by Sponsor, or if Affidavit is returned undeliverable, or in the event that potential winner is ineligible for any reason or has not complied with these Official Rules, Sponsor will have the right to disqualify the potential winner and determine an alternate Grand Prize winner (in which event the procedures and requirements set forth in this Section 6 will apply to the alternate winner). Prize will be awarded. Verification of eligibility may include, without limitation, a background investigation of the potential winner, and Entrants agree to supply any authorizations or permission deemed necessary by Sponsor in connection with any such investigation. Sponsor will have the right, in its discretion, to require proof of identity and/or eligibility in a form acceptable to Sponsor (including, without limitation, government-issued photo identification).Failure to provide such proof to the satisfaction of Sponsor in a timely manner may result in disqualification. An Entrant is not a winner unless and until Entrant's eligibility has been verified and the Entrant has been notified that verification is complete.
- Prize and Approximate Retail Value (“ARV”):
One (1) Grand Prize: An Old Bay Ultimate Fan Trophy and an Old Bay branded Sponsor-specified electric scooter (“Scooter”). ARV: $500. The Grand Prize winner is responsible for any and all income taxes on the value of his/her prize. An IRS form 1099 will be issued if required by law. Prize is non-transferable and no substitutions are permitted, except by Sponsor, who reserves the right, in its sole discretion, to substitute a prize (or portion of prize) of equal or greater value, if prize becomes unavailable.
Winner is solely responsible for all applicable taxes, insurance, licensing, registration, title fees and pick-up costs. Winner may be required to show proof of insurance and a valid U.S. motorcycle license prior to taking delivery and pick up Scooter as directed by Sponsor. The depiction of the Grand Prize in any advertising or promotional materials may not reflect the actual prize the winner will receive. Sponsor will determine all features of prize including, but not limited to, color, and all other features or upgrades will not be permitted. Neither Sponsor nor Scooter manufacturer shall have any responsibility or liability whatsoever for any property loss, damage, personal injury, or death, in connection with the prize provided pursuant to the Contest and/or any Entrant’s participation in the Contest. Grand Prize winner must take delivery of prize from the dealership designated by Sponsor. Sponsor shall not be responsible for delays in delivery of the prize, and delivery is subject to availability. Sponsor, however, shall use all reasonable efforts, subject to availability, to deliver the prize to the Sponsor-designated delivery dealer within one hundred eighty (180) days of completion of verification process. Grand Prize winner shall bear all risk of loss or damage to the prize after it has been delivered to them. Grand Prize winner must personally accept delivery of his/her prize within thirty (30) days of written notification of delivery or they will lose their right to claim the prize. If the actual purchase price of the prize is less than the ARV stated herein, the prize winner will NOT be entitled to a check, cash or other form of payment for the price difference.
- General Conditions: Sponsor has the right, in its discretion, to cancel, suspend and/or modify the Contest, 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 Contest or prevents the Contest from being conducted as planned, as determined by Sponsor in its sole discretion. In the event of cancellation or early termination of the Contest, the random drawing (if applicable) will be conducted from all eligible Entries received prior to cancelation and Grand Prize winner will be determined in accordance with the procedures set forth in these Official Rules. Proof of sending an Instagram Post will not be deemed proof of receipt by Sponsor or Administrator. Sponsor's or Administrator'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 CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST 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 at 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 Contest; 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 Contest information provided elsewhere (including, without limitation, in advertising or marketing materials), these Official Rules shall prevail.
- Release and Limitations of Liability: By participating in and/or entering the Contest, to the fullest extent permitted by applicable law, each Entrant releases and agrees to hold harmless Sponsor and its parent companies, subsidiaries and affiliates, each of their respective contractors and advertising and promotion agencies, and the successors and assigns of each of the foregoing, all other persons and entities involved in the development or operation of the Contest, all other persons and entities involved in the provision of prize or prize component or the marketing or promotion of the Contest (including, without limitation, Administrator and Grey Group) and the directors, officers, employees, representatives, advisors, agents and contractors of each of the foregoing (collectively, the “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 Contest, participation in the Contest, the provision, acceptance or use of any prize or prize component, or any use of the Entrant’s Personality Rights (as defined above) 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 agrees not to assert any such claim or cause of action against any of the Released Parties. Each Entrant assumes the risk of, and all liability for, any injury, loss or damage caused, or claimed to be caused, by participation in this Contest or the provision, acceptance or use of 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 Contest 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 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 Contest, any website associated with the Contest, 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 Contest.
WITHOUT LIMITATION OF THE FOREGOING, BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING 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 CONTEST OR IN ANY PROMOTION RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. 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.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING THE GRAND PRIZE, 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.
- Disputes: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a federal or state located in New York, New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (3) 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 for 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 Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
- Official Rules and Grand Prize Winner: For a copy of these Official Rules, visit OldBay.com/contest. For the name of the Grand Prize winner available for ninety (90) days after September 15, 2019, send an email to: Winners@dja.com with WINNERS & 20-2681-03 as the subject line. Winner will be sent after the Grand Prize has been awarded.