NO PURCHASE NECESSARY TO ENTER, WIN, OR CLAIM A PRIZE. A PURCHASE or payment WILL NOT INCREASE AN ENTRANT’s CHANCES OF WINNING.
OPEN ONLY TO MEAT MANAGERS, OPERATIONS MANAGERS, AND BROKERS EMPLOYED AT OR OPERATING IN all respective grocery store divisions within the Albertsons-Safeway corporate network WHO ARE LEGAL RESIDENTS OF The 50 United States and the District of Columbia AND AT LEAST 18 YEARS OLD AT THE TIME OF ENTRY AND IN GOOD STANDING WITH EMPLOYER THROUGHOUT THE CONTEST PERIOD.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
The Johnsonville Meat Managers Contest (“Contest”) is sponsored by Johnsonville Sausage LLC, P.O. Box 906, Sheboygan Falls, WI 53085 (“Sponsor”).
Contest PERIOD: The Contest begins at 12:00 PM Central Time (“CT”) on March 1, 2017 and ends at 11:59:59 PM CT on March 22, 2017 (“Contest Period”). The Administrator’s computer is the Contest official clock.
Eligibility: The Contest is offered only to meat managers, operations managers, and brokers (participation varies by type of entrant) employed at or operating in all respective grocery store divisions within the Albertsons-Safeway corporate network (see Appendix below for list of retailer divisions) who are legal residents of the fifty (50) United States and the District of Columbia and at least eighteen (18) years of age at the time of entry and who are in good standing with their respective employer throughout the Contest Period. Employees of Sponsor, Contest administrator (“Administrator”), and any of their parent and affiliate companies and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings and children and their respective spouses, regardless of where they reside) and household members of each such employee, whether or not related, are not eligible. The Contest is subject to all applicable federal, state and local laws and regulations and is void where prohibited. By participating in this Contest, an entrant agrees to be bound by these Official Rules and that the decisions of Sponsor shall be final and binding in all matters pertaining to the Contest. Each entrant may be required to furnish proof of identification and other proof of eligibility under these Official Rules. NOTE: Operations managers and brokers are not eligible to submit entries into the Contest, as described in Section 3 below, but may be eligible to receive prizes, as described in Section 4 below.
HOW TO ENTER THE CONTEST: During the Contest Period, an entrant may visit www.FirstBratsMeatManager.com (“Website”) and follow the instructions to register by entering all information requested on the registration form including, but not limited to, his/her complete first and last name (no initials), job title, division (see Appendix A below for list of retailer divisions), district, store ID, and store phone number. Entrant must then confirm that he/she has read and agrees to be bound by these Official Rules and follow the instructions to upload a photograph of his/her in-store Johnsonville-branded display (“Photo”) embodying the theme “First Brats” (the opening of grilling season and end of winter) to receive one (1) entry into the Contest.
If an entrant enters from his/her wireless phone, the entrant’s wireless service provider may charge the entrant. Entrants should consult their wireless-service providers regarding their pricing plans. Message and data rates may apply.
Entry Requirements: All entries must comply with the following restrictions:
NOTE: If any entry fails to comply with any of these Entry Requirements or any other provisions of these Official Rules, Sponsor and Administrator reserve the right to disqualify the entrant.
By submitting an entry, an entrant agrees that his/her entry is gratuitous and made without restriction, and will not place Sponsor under any obligation and that Sponsor is free to disclose or otherwise disclose the ideas contained in the entry on a non-confidential basis to anyone or otherwise use the ideas (including without limitation, to create, distribute, sell or otherwise use costumes that are similar or identical to the costume ideas contained in the entry) without any compensation whatsoever to the entrant. Entrant acknowledges that, by acceptance of his/her entry, Sponsor does not waive any rights to use similar or related ideas whether or not such idea was previously known to Sponsor, or developed by its employees, or obtained from sources other than the entrant. Entrant further agrees that Sponsor shall not have any liability to entrant for any direct, indirect, contributory, vicarious, secondary or other infringement or protection of any copyright in or to the entry. Released Parties are not responsible for any unauthorized use of entry by third parties. Entrant agrees that Sponsor may post the entry on any websites associated with the Contest, including Sponsor’s social media channels.
Grant of Rights: Submitting an entry constitutes entrant’s consent to give Sponsor and its designees, licensees, successors and assigns (collectively, “Licensed Parties”) a royalty-free, irrevocable, perpetual, nonexclusive license to use, reproduce, modify, publish or create derivative works from and display the entry in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes, and that Sponsor may use entrant’s name, user name(s), biographical information, and/or likenesses (including, without limitation, profile photo(s)) in connection with the uses described herein. If requested, entrant will sign any documentation that may be required for Licensed Parties to make use of the nonexclusive rights entrant is granting to use the entry. This license expressly includes a right (but not the obligation) for Sponsor to modify entries to remove any third party intellectual property or to remove entries in their entirety.
Entry Limit: There is a limit of one (1) entry per person per calendar day during the Contest Period. If an entrant submits more than one (1) entry on a calendar day, Sponsor and Administrator reserve the right to disqualify the entrant and any entries made by the entrant.
WINNER SELECTION: Following the Contest Period, all eligible entries received during the Contest Period will be judged by a panel of qualified judges selected by the Sponsor (“Judges”). The Judges will score the entries according to the following weighted criteria: (i) Creativity: 30%; (ii) Humor: 30%; and (iii) Visual Impact: 40% (“Judging Criteria”). The three (3) meat managers whose entries receive the highest scores in each of the fourteen (14) retailer divisions (see Appendix below for a list of participating retailers) will be declared potential meat manager prize winners. All meat managers who submitted eligible entries and are not selected as meat manager prize winners will receive meat manager secondary prizes.
Operations Manager and Broker Winner Selection: The one (1) operations manager in each of the fourteen (14) retailer divisions who shows the highest year-over-year sales increase, as determined by Sponsor, in its sole discretion, will be declared a potential Operations Manager Prize winner. The one (1) broker in each of the fourteen (14) retailer divisions who submits the best photo recap of in-store displays, as determined by Sponsor and Sponsor’s Judges, using the above-defined Judging Criteria, will be declared a potential Broker Recognition Prize winner (note: brokers may not submit entries at the Website, as described above, but rather must send images to the Johnsonville Business Manager that represents his/her division).
Each winner is a potential winner pending verification of eligibility and compliance with the Official Rules. In the event of any ties for the Meat Manager prizes, the entry with the highest score in criterion (iii) will prevail. In the event there are still any ties, the tied entries will be judged again and the entry with the highest overall score will prevail. If a potential winner is found to be ineligible or does not comply with these Official Rules, or otherwise does not accept his/her prize as awarded, he/she will be disqualified and the entry with the next highest judges score will be named a potential winner. Administrator’s, Judges’, and Sponsor’s decisions shall be final and binding in all matters pertaining to the judging and selection of the winners. Judging scores will not be revealed. Sponsor reserves the right to not award all prizes if, in its sole discretion, it does not receive a sufficient number of eligible entries. In no event will there be more than forty-two (42) Meat Manager prize winners (three  per retailer division), fourteen (14) Operations Manager prize winners (one  per retailer division), and fourteen (14) broker recognition prize winners (one  per retailer division).
Prizes and approximate retail value (“ARV”):
Winner Verification: Potential winners are subject to verification of eligibility and compliance with these Official Rules. Sponsor will notify a potential winner by phone and/or other method with instructions on how to redeem a Prize. A potential winner must respond to the winner notification and provide any requested information within five (5) calendar days or he/she may be disqualified, at Sponsor’s sole discretion. Upon verification of eligibility and compliance with these Official Rules, each Prize will be mailed to each winner. Please allow four (4) to six (6) weeks from the end of the Contest Period for delivery. If a potential winner is disqualified, 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 according to Section 4 above, 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.
Limitation of liability: By participating in this Contest, entrants agree that Sponsor, Administrator, and each of their respective parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (collectively, “Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, delayed, garbled, postage due or undeliverable tweets posts, messages, emails or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Contest; (vii) any injury or damage, whether personal or property, to entrants or to any person's computer related to or resulting from participating in the Contest and/or accepting a Prize including any item redeemed therewith and/or any travel related thereto; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Released Parties are not responsible for any unanswered or undeliverable winner notifications.
By entering the Contest, each entrant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Contest, including without limitation, in connection with any costume created, sold, distributed or otherwise used by the Released Parties regardless of whether such costumes is similar or identical to the costume contained in entrant’s entry; and (iii) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Contest, including, but not limited to, any Contest-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Contest; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize (or any component thereof (including any travel or activity related thereto)); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by entrant.
If, for any reason, the Contest is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Contest and/or proceed with the Contest, including the selection of the winners in a manner it deems fair and reasonable, including the selection of a winner from among eligible entries received prior to such cancellation, termination, modification or suspension. In no event will more Prizes be awarded than are stated in these Official Rules. If for any reason, including but not limited to an administrative, printing, production, computer or other error or due to technical difficulties or incorrect announcements of any kind, more winning messages are distributed, or more Prizes are claimed than are intended to be awarded according to these Official Rules, the intended Prize will be awarded according to Section 4 above.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING THE PRIZES, IS 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.
DISPUTES: THIS CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF MICHIGAN, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN OAKLAND COUNTY, MICHIGAN. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN MICHIGAN. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN OAKLAND COUNTY, MICHIGAN. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. CONTESTANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY CONTESTANT AND/OR CONTEST ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
Publicity rights: By participating in the Contest and/or accepting a Prize, each entrant agrees to allow the Sponsor and/or the Sponsor's designee the perpetual right to use his/her name, user name(s), address (city and state), biographical information, photos (including, without limitation, profile photo(s)), picture, portrait, likeness, voice, and/or statements regarding the Contest and/or Sponsor for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including, but not limited to, live television, worldwide, on the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where prohibited by law.
General: Any attempted form of participation in this Contest other than as described herein is void. Sponsor and Administrator reserve the right to disqualify any entrant found or suspected, in their sole and absolute discretion, to be tampering with the operation of the Contest; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Contest and void all associated entries. Any attempted form of participation in this Contest other than as in these Official Rules is void. If it is discovered that a person has registered or attempted to register more than once using multiple identities, IP addresses, use of proxy servers, or like methods, all of that person’s entries will be declared null and void and that person will not be awarded any prize that he/she might have been entitled to receive. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Contest will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. Entrants and/or the potential winners may be required to provide proof of identification and eligibility as required by Sponsor or Administrator. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the Prize documents will not affect the validity or enforceability of any other provision. No entrant shall have the right to modify or amend these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Contest details contained in these Official Rules and Contest details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Contest as set forth in these Official Rules shall prevail.
© 2017 Johnsonville Sausage LLC. All rights reserved.