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Frank’s RedHot Put That Emoji on Everything Sweepstakes Official Rules

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. Subject to all federal, state and local laws. Sweepstakes entry period begins at 3:30 p.m. ET on February 3, 2019 and continues through 11:59 p.m. ET on February 3, 2019 (the "Sweepstakes Period"). Administrator's computer is the official time keeping device for this Sweepstakes.

 

1. Eligibility: The Frank’s RedHot Put That Emoji on Everything Sweepstakes (the "Sweepstakes") is open only to legal residents of the fifty (50) United States and the District of Columbia who, as of the start of the Sweepstakes Period, are at least 21 years of age. Persons who at any time during the Sweepstakes Period (or, if a winner, as of the date of prize fulfillment) are an employee, officer or director 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 Sweepstakes, 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 Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winners.

 

2. 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.

 

3. How to Enter: There is NO PURCHASE NECESSARY to participate. A purchase does not increase your chances of winning. To enter, an entrant must send a Tweet containing certain hashtags and emojis via the entrant’s Twitter account during or after (within the time period described below) a Qualifying Commercial (as defined below), as described in more detail below. “Qualifying Commercial” means a commercial that advertises a product or service in one of the prize categories identified in Section 6 (each a “Prize Category”) and that is telecast during the Sweepstakes Period during a Commercial Break (as defined below). “Commercial Break” means a time period during the telecast of the professional football championship game taking place on February 3, 2019 in Atlanta, Georgia during which such telecast is interrupted and one or more commercials are telecast. A commercial telecast during such game will not constitute a Qualifying Commercial unless the commercial advertises a product or service in a Prize Category. To receive an entry, an eligible entrant must send a Tweet, via the entrant’s Twitter account, either during a Qualifying Commercial or at any time prior to the start of the next Commercial Break. The Tweet must contain a hot pepper emoji, an emoji that depicts the Prize Category of the product or service that is advertised during the Qualifying Commercial, as specified in Section 6 (a “Prize Category Emoji”), and the hashtag #FranksSweepstakes (each such Tweet, an “Entry Tweet”). By way of example only, to receive an entry for a chance to win the automobile described in Section 6, an entrant would be required to send, during a Qualifying Commercial that advertises an automobile or prior to the start of the next Commercial Break, a Tweet that contains a hot pepper emoji, the hashtag #FranksSweepstakes and an emoji depicting a car. The entrant must be the owner of the Twitter account used to send the Entry Tweet. The Entry Tweet must comply with the Twitter Terms of Service and the Twitter Rules and with all technical requirements of Twitter, and the settings of the entrant’s Twitter account must be configured such that the Entry Tweet is public. If you do not have a Twitter account, and you would like to create one for free, visit www.Twitter.com. Including #FranksSweepstakes in a Tweet during the Sweepstakes Period constitutes your agreement to these Official Rules. For each Entry Tweet sent by an eligible entrant in compliance with these Official Rules, the entrant will receive one entry in the drawing for the prize offered in the applicable Prize Category. Entry Tweets must be sent by 11:59 p.m. ET on February 3, 2019 and must otherwise comply with these Official Rules to be included in the applicable random drawing. Use of any automated method to send Entry Tweets is prohibited and will result in disqualification. Entry Tweets 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. Entry Tweets must not contain any material that is owned by any third party or that otherwise violates or infringes any copyright or trademark of any third party or identify any brand (other than Frank’s RedHot). 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 Twitter 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 (which may include an employer) 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. Entrant’s social media profiles must be keeping with Sponsor’s image or he/she may be disqualified. Sponsor is not obligated to acknowledge any entry.


4. Selection of Winners:

 

On or about February 4, 2019, winners will be randomly selected from among all eligible entries with respect to each Prize Category. With respect to each Prize Category, the prize specified in Section 6 will be offered, in the quantity specified in Section 6.

 

Drawings will be conducted by the Administrator, an independent judging organization. The odds of winning a prize depend on the total number of entries received with respect to the applicable Prize Category.

 

5. Winner Notification: Potential winners will be notified by direct message on Twitter. Potential winners must respond to direct message within twenty-four (24) hours after the direct message is sent. If a 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 select an alternate potential winner, who will be notified and must respond in accordance with these Official Rules. Each potential 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.

 

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 five (5) days 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 Section 9 of these Official Rules) within twenty-four (24) hours after Sponsor’s request.

 

If a potential winner does not return any required document or provide any required information within the time period specified by Sponsor, or if any prize notification is returned undeliverable, or in the event that a 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 select an alternate winner in a random drawing from among all remaining eligible entries received for the applicable Prize Category (in which event the procedures and requirements set forth in this Section 5 will apply to the alternate winner). All prizes will be awarded provided a sufficient number of eligible entries are received for the applicable Prize Category and each prize is properly claimed.

 

Potential winners are subject to verification by Sponsor and/or Administrator, including verification of eligibility and verification that the potential winner sent an Entry Tweet during a Qualifying Commercial or within the subsequent time period described above. 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.

6. Prizes and Approximate Retail Values (“ARV”):

 

  • Prize Category: Automobile (not including auto parts or services)
  • Prize Category Emoji: Car
  • Prize: A 2019 Kia Soul base model with all factory standard equipment plus automatic transmission and ten (10) cases of Frank’s RedHot (twelve 12 ounce bottles each case)
  • Number of Prizes: 1
  • ARV: $19,464.80

     

  • Prize Category: Avocado
  • Prize Category Emoji: Avocado
  • Prize: A five (5) day/four (4) night trip to Mexico for winner and one (1) guest and; four bottles of Frank’s RedHot
  • Number of Prizes: 1
  • ARV: $3,733.48

     

  • Prize Category: Adult Beverage (including beer, wine and spirits)
  • Prize Category Emoji: Beer Mug
  • Prize: One (1) Sponsor-selected Kegerator and; two (2) cases of Frank’s RedHot (twelve 12 ounce bottles each case)
  • Number of Prizes: 2
  • ARV: $466.96
  •  

  • Prize Category: Home Care (including cleaning solutions, vaccums, mops, etc.)
  • Prize Category Emoji: House
  • Prize: One (1) Sponsor-selected package of detergent pods, one (1) $1,000 Sponsor-selected Gift Card and; one (1) 12 ounce bottle of Frank’s RedHot
  • Number of Prizes: 1
  • ARV: $1,014.78

     

  • Prize Category: Soda
  • Prize Category Emoji: Beverage with Straw
  • Prize: One (1) Mini-fridge, two (2) cases of Sponsor-selected soda (12 cans each) and; two (2) cases of Frank’s RedHot (twelve 12 ounce bottles each case)
  • Number of Prizes: 2
  • ARV: $300

     

  • Prize Category: Oral Care
  • Prize Category Emoji: Tooth
  • Prize: Toothpaste for Each Tooth: Thirty-two (32) tubes of Sponsor-selected toothpaste, awarded as four (4) shipments of eight (8) tubes of toothpaste over the course of one year and; one (1) 12 ounce bottle of Frank’s RedHot
  • Number of Prizes: 1
  • ARV: $162.79

     

  • Prize Category: Snacks
  • Prize Category Emoji: Pretzel
  • Prize: Snacks for a Year: Fifty-two (52) individual Sponsor-specified snacks, awarded as four (4) shipments of twelve (12) snacks over the course of one year and; one (1) 12 ounce bottle of Frank’s RedHot
  • Number of Prizes: 1
  • ARV: $80.79

     

  • Prize Category: Snacks
  • Prize Category Emoji: Pretzel
  • Prize: Snacks for a Year: Fifty-two (52) individual Sponsor-specified snacks, awarded as four (4) shipments of twelve (12) snacks over the course of one year and; one (1) 12 ounce bottle of Frank’s RedHot
  • Number of Prizes: 1
  • ARV: $210.79

     

  • Prize Category: Tech (tablets, computers, smart speakers, etc.)
  • Prize Category Emoji: Laptop
  • Prize: One (1) Sponsor-selected Smart Speaker and; one (1) 12 ounce bottle of Frank’s RedHot
  • Number of Prizes: 1
  • ARV: $152.79

     

  • Prize Category: Tech (tablets, computers, smart speakers, etc.)
  • Prize Category Emoji: Laptop
  • Prize: One (1) Sponsor-selected Smart Speaker and; one (1) 12 ounce bottle of Frank’s RedHot
  • Number of Prizes: 1
  • ARV: $131.79

     

  • Prize Category: Tech (tablets, computers, smart speakers, etc.)
  • Prize Category Emoji: Laptop
  • Prize: One (1) Sponsor-selected $100 Gift Card and; one (1) 12 ounce bottle of Frank’s RedHot
  • Number of Prizes: 1
  • ARV: $102.79

     

  • Prize Category: Food
  • Prize Category Emoji: Hamburger
  • Prize: One (1) Sponsor-selected $100 Gift Card and; one (1) 12 ounce bottle of Frank’s RedHot
  • Number of Prizes: 1
  • ARV: $102.79

     

  • Prize Category: Telecom
  • Prize Category Emoji: Cell Phone
  • Prize: One (1) Sponsor-selected $100 Gift Card and; one (1) 12 ounce bottle of Frank’s RedHot
  • Number of Prizes: 1
  • ARV: $102.79

     

  • Prize Category: Financial Services
  • Prize Category Emoji: Money Bag
  • Prize: One (1) Sponsor-selected $250 Gift Card and; one (1) 12 ounce bottle of Frank’s RedHot
  • Number of Prizes: 1
  • ARV: $257.79

     

  • Prize Category: Football
  • Prize Category Emoji: Football
  • Prize: One (1) Sponsor-selected $250 Gift Card and; one (1) 12 ounce bottle of Frank’s RedHot
  • Number of Prizes: 1
  • $257.79

     

  • Prize Category: Entertainment/Movies
  • Prize Category Emoji: TV
  • Prize: One (1) Sponsor-selected $100 Gift Card and; one (1) 12 ounce bottle of Frank’s RedHot
  • Number of Prizes: 1
  • ARV: $102.79

     

  • Prize Category: Entertainment/Streaming
  • Prize Category Emoji: TV
  • One (1) Sponsor-selected $100 Gift Card and; one (1) 12 ounce bottle of Frank’s RedHot
  • Number of Prizes: 1
  • ARV: $102.79

     

  • Prize Category: Candy
  • Prize Category Emoji: Candy
  • Prize: Twenty-five (25) pounds of candy and; one (1) case of Frank’s RedHot (twelve 12 ounce bottles each case)
  • Number of Prizes: 1
  • ARV: $283.48

 

The aggregate ARV of all prizes is $27,031.98. Limit one (1) prize per person. All claimed prizes will be fulfilled within 8-12 weeks from the date of winner verification.

Prize Restrictions:

 

For the Car Prize: Winner solely is 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 driver’s license prior to taking delivery and pick up vehicle as directed by Sponsor. Any additional vehicle options that are not standard on make and model of vehicle listed in prize description are the sole expense of winner. Color and dealership at sole discretion of Sponsor/Administrator.

 

For the Avocado (Trip) Prize: Travel must take place within one (1) year of notification or prize will be forfeited. All fees and expenses (such as security fees, gratuities, luggage fees, meals and ground transportation, and incidental charges) related to acceptance and uses of the prize not specifically stated herein are the sole responsibility of the winner. Certain restrictions and blackout dates apply. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Winner and travel companion must travel together on the same itinerary. Seat selection and timing of trip subject to confirmation of reservations. Major credit card required at check-in to cover any incidental charges. Travel companion must be 18 years of age or older at time of travel and a legal resident of the fifty (50) United States and the District of Columbia unless travel companion is winner’s child/charge. Winner’s travel companion (or winner as parent/legal guardian of travel companion if he/she is a minor and winner’s child/charge) will be required to execute a release of liability prior to travel. If the winner elects to travel or participate in the prize travel with no travel companion, no additional compensation will be awarded for the travel companion portion of prize.  If the winner elects to travel or participate in prize travel with more than one (1) travel companion, such additional travel companion shall be responsible for any and all costs associated with such travel. Prize winner and travel companion must possess valid travel documents (i.e., a valid government-issued passport, etc.) and travel on the same itinerary. Prize winner and travel companion are 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 the sole discretion of Sponsor/Administrator.  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.  Lost, stolen or damaged airline tickets will not be replaced or exchanged.  Sponsor/Administrator 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 or any other persons providing any of these services to passengers including any results thereof such as changes in services or accommodations necessitated by same. 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 travel companion's transportation and such contracts shall be solely between the Prize winner, his/her travel companions and such transportation companies.

 

In the event the prize winner and/or travel companion engages in behavior during travel that (as determined by Sponsor in its sole discretion) 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 the prize winner and/or travel companion home (at winner/travel companion’s own expense) with no further obligations or compensation whatsoever to prize winner and/or travel companion (which may, in Sponsor’s sole discretion, result in that Prize winner’s disqualification from the Sweepstakes and forfeiture of any prize.  In the event a Prize winner or travel companion engages in behavior during travel that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects the prize winner or travel companion 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 Prize winner or travel companions as a result of such conduct.  SPONSOR/ADMINISTRATOR 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 A PRIZE WINNER’S OR TRAVEL COMPANION’S ACCEPTANCE OR USE OF THE PRIZE.

 

FOR ALL PRIZES: Gift cards are subject to restrictions and an expiration dates may apply. Winners are not permitted to assign the right to receive any prize, or to transfer any prize to any person, and are not entitled to any prize substitution or to redeem any prize or component thereof for cash. Sponsor has the right to substitute for a prize (or a component thereof) an alternate prize or prize component of equal or greater value.  Prizes consist only of those items expressly specified in these Official Rules as being part of the prize.  All expenses and costs associated with the acceptance or use of any prize are the responsibility of the prize recipient. All prize details not specified in these Official Rules will be determined by Sponsor. Winners are responsible for any loss of prize or portion of prize after it has been delivered. Sponsor will not replace any lost or stolen prizes. Any and all applicable federal, state and local taxes are the responsibility solely of the prize winner. For prizes valued at $600 or more, an IRS Form 1099 will be issued. The ARV of any prize specified in these Official Rules may not match prices available in the marketplace, due to pricing fluctuations and market conditions at the time of prize delivery. If the actual purchase price of a 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.

 

7. 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 Twitter 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 per Prize Category prior to cancellation or termination, if any. Proof of sending a Tweet 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 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 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 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.

 

8. Release and Limitations of Liability: By participating in and/or entering the Sweepstakes, to the fullest extent permitted by applicable law, each entrant and each person who completes any part of the entry process 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 Sweepstakes, all other persons and entities involved in the provision of any prize or prize component or the marketing or promotion of the Sweepstakes (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 Sweepstakes, participation 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 Tweets 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.

 

WITHOUT LIMITATION OF THE FOREGOING, BY PARTICIPATING IN THIS SWEEPSTAKES, 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 SWEEPSTAKES 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.

 

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.

 

WITHOUT LIMITING THE FOREGOING, 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.

 

9. Grant of Rights:By participating in and/or entering the Sweepstakes, 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, Twitter handle, likeness, voice, persona, biographical information and/or statements attributed to the entrant and the entrant’s Entry Tweets (“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.

 

10. Disputes: Except where prohibited, 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 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 Sweepstakes, 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 Sweepstakes, 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.

 

11. Privacy: 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 the sole purpose of the proper administration and fulfillment of the Sweepstakes as described in these Official Rules, in accordance with Sponsor’s Website Privacy Policy at http://www.mccormick.com/privacy-policy.

12. Official Rules and Winners List: For a copy of the Official Rules, visit Franksredhot.com/sweepstakes-rules. For a list of winners available for ninety (90) days after February 25, 2019, send an email to:
Winners@dja.com with WINNERS & 11-2681-01 as the subject line. Winners List will be sent after all prizes have been awarded.

 

The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter. You understand that you are providing your information to McCormick & Company, Inc. and not to Twitter.

 

 Kia Motors is neither a sponsor not endorser of this promotion.

 

 

 

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