Kayem Foods Ultimate Bostonian Sweepstakes Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. MUST BE 21 OR OLDER TO ENTER.
1. ELIGIBILITY: THE KAYEM FOODS ULTIMATE BOSTONIAN SWEEPSTAKES (THE “SWEEPSTAKES”) IS OPEN ONLY TO LEGAL U.S. RESIDENTS OF NEW HAMPSHIRE, MAINE, MASSACHUSETTS, RHODE ISLAND, CONNECTICUT (EXCLUDING FAIRFIELD COUNTY) AND VERMONT (“ELIGIBILITY AREA”), WHO ARE TWENTY-ONE (21) YEARS OF AGE AND OLDER AT THE TIME OF ENTRY, AND WHO ARE PHYSICALLY LOCATED IN THE ELIGIBILITY AREA. EMPLOYEES OF KAYEM FOODS, INC. (“SPONSOR”), BOSTON BEER CORPORATION, THE BOSTON RED SOX BASEBALL CLUB LIMITED PARTNERSHIP (“BOSTON RED SOX”) AND THE OTHER MLB ENTITIES (DEFINED BELOW), THE A TEAM LLC (“ADMINISTRATOR”), AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES AND SUBSIDIARIES, AND ANY ADVERTISING OR PROMOTION AGENCIES INVOLVED IN ANY WAY WITH THIS SWEEPSTAKES (AND MEMBERS OF THEIR IMMEDIATE FAMILY AND/OR THOSE LIVING IN THE SAME OF HOUSEHOLD OF EACH SUCH EMPLOYEE) ARE NOT ELIGIBLE. ADDITIONALLY, INDIVIDUALS WHO ARE UNDER ENDORSEMENT AGREEMENTS, SPONSORSHIP AGREEMENTS, OR OTHER SIMILAR RELATIONSHIPS WITH SPONSOR AS DETERMINED BY SPONSOR IN SPONSOR'S SOLE DISCRETION, ARE NOT ELIGIBLE. THE “MLB ENTITIES”
SHALL MEAN THE OFFICE OF THE COMMISSIONER OF BASEBALL (“BOC”), ITS BUREAUS, COMMITTEES, SUBCOMMITTEES AND COUNCILS, MLB ADVANCED MEDIA, L.P. (“MLBAM” OR “MLB.COM”), MAJOR LEAGUE BASEBALL PROPERTIES, INC., THE MLB NETWORK, LLC, THE MAJOR LEAGUE BASEBALL CLUBS (“CLUBS”), EACH OF THEIR PARENT, SUBSIDIARY, AFFILIATED AND RELATED ENTITIES, ANY ENTITY WHICH, NOW OR IN THE FUTURE, CONTROLS, IS CONTROLLED BY, OR IS UNDER COMMON CONTROL WITH THE CLUBS OR THE BOC, AND THE OWNERS, GENERAL AND LIMITED PARTNERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OF THE FOREGOING ENTITIES.
SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS. BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANTS AGREE FULLY AND UNCONDITIONALLY TO THESE OFFICIAL RULES AND ADMINISTRATOR'S DECISIONS, WHICH ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. SWEEPSTAKES IS VOID OUTSIDE ELIGIBILITY AREA AND WHERE PROHIBITED.
2. ENTRY PERIOD: The Sweepstakes begins August 13, 2018, at 12:00:01 a.m. Eastern Time (“ET”) and ends August 26, 2018, at 11:59:59 p.m. ET (“Entry Period”).
3. HOW TO ENTER: To enter, go to https://www.kayem.com/events-promotions/ during the Entry Period, complete the online entry form with the required contact information and submit the form.
Limit one (1) entry form per person per email address per day during the Entry Period. Each day is defined as a twenty-four (24) hour period beginning at 12:00:01 a.m. and ending at 11:59:59 p.m.
Incomplete and entries beyond the stated limit are void.
Sponsor’s database computer is the official timekeeping device for the Sweepstakes. Use of any automated means to submit entries is prohibited.
4. WINNER VALIDATION: Potential winners will be selected in a random drawing on or about August 27, 2018, from among all eligible entries. Each potential winner will be notified using the contact information submitted at the time of entry and must respond to the notification within forty-eight
(48) hours or his/her prize may be forfeited and awarded to an alternate winner. Each potential winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release within forty-eight (48) hours of receipt. Failure to comply when requested may result in disqualification and selection of an alternate potential winner by random drawing from among all remaining eligible entries. If a potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines his or her prize for any reason prior to award, such potential winner will be disqualified and an alternate potential winner may be selected, time permitting, by random drawing from among all remaining eligible entries. Subject to verification of eligibility and compliance with these Official Rules, the potential winners will be declared the official winners of the Sweepstakes. Limit one (1) prize per person, family or household.
5. PRIZES / ODDS: Two (2) prizes will be awarded based on the order of random selection as follows:
One (1) Grand Prize: The Ultimate Bostonian Weekend for Grand Prize Winner and One (1) Guest.
One (1) winner will receive two (2) tickets for winner and one (1) guest for the Boston Red Sox home game played at Fenway Park on September 14, 2018; and the opportunity for winner to throw a ceremonial first pitch at the game; one (1) night stay (one (1) standard, double-occupancy room) at Hotel Commonwealth in Boston, MA on September 14, 2018; one (1) Samuel Adams Brewery tour for winner and his/her one (1) guest with specialty tasting in Samuel Adams Barrel Room on September 15, 2018; and two (2) Samuel Adams souvenir glasses (the “grand prize”). If winner cannot attend The Ultimate Bostonian Weekend dates of September 14 - September 15, 2018, an alternate potential winner may be selected, time permitting, by random drawing from among all remaining eligible entries. Winner’s guest must be twenty-one (21) years of age and older. All transportation, other lodging, meals, and miscellaneous costs and expenses not described in these Official Rules, but are associated with attending The Ultimate Bostonian Weekend, are the responsibility of the winner, as are all federal, state and/or local taxes imposed as a result of acceptance of the grand prize. Approximate Prize Value (“ARV”) of grand prize: $2,515.00.
TRANSPORTATION NOT INCLUDED. The exact nature and duration of the ceremonial first pitch opportunity shall be determined by Sponsor and Boston Red Sox at their sole discretion and subject to availability and the rules and regulations of Boston Red Sox. Seat locations at the game shall be determined in the sole discretion of Sponsor.
One (1) First Prize: Lunch with a Boston Red Sox Legend Baseball Player. One (1) winner will receive one (1) lunch at Fenway Park in Boston, MA between 12:00PM-1:30PM on September 14, 2018, with one (1) Boston Red Sox Legend Baseball Player determined by Sponsor at its sole discretion (the “first prize”). If winner cannot attend lunch on specified date, an alternate potential winner may be selected, time permitting, by random drawing from among all remaining eligible entries. All transportation, lodging, and other costs and expenses associated with attending the lunch are the responsibility of the winner, as are all federal, state and/or local taxes imposed as a result of acceptance of the prize. Lunch date is subject to change. ARV of the first prize: $100.00.
TRANSPORTATION AND LODGING NOT INCLUDED; FIRST PRIZE DOES NOT INCLUDE TICKETS FOR THE SEPTEMBER 14, 2018, BOSTON RED SOX HOME GAME. The exact nature and duration of the lunch shall be determined by Sponsor and Boston Red Sox at their sole discretion.
Total ARV of all prizes: $2,615.00.
Odds: Odds of winning depend on the number of eligible entries received.
Any prizes are non-transferable and non-assignable and no cash equivalent or substitution of any prize (or portion thereof) is offered, except at the sole discretion of the Sponsor. Sponsor may substitute a prize of comparable value if any advertised prize (or portion thereof) becomes unavailable. Major League Baseball game, event and exhibition dates and times are determined in the sole discretion of the Office of the Commissioner of Baseball and/or the applicable Major League Baseball Club, as applicable, and may be subject to change. The terms and conditions of the tickets awarded as part of the grand prize will govern in the event a legal game, event or exhibition, as defined by Major League Baseball, is not played or held, as applicable, due to weather conditions, an act of God, an act of terrorism, civil disturbance or any other reason. Grand prize and first prize winners and grand prize winner’s guest agree to comply with all applicable ballpark and venue, as applicable, regulations in connection with the prize. Sponsor and the applicable entities reserve the right to remove or to deny entry to any winner and/or grand prize winner’s guest who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the lunch, game, event or exhibition.
Sponsor and the MLB Entities will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of the lunch or any Major League Baseball game, event or exhibition. Major League Baseball game, event and exhibition tickets awarded as part of the grand prize may not be resold or offered for resale or used for any commercial or promotional purpose whatsoever.
Any such resale or commercial or promotional use may result in disqualification and forfeiture of grand prize, and may invalidate the license granted by the game, event or exhibition tickets.
6. PRIZE CONDITIONS: Sponsor may conduct a background check to confirm eligibility and compliance with these Official Rules. By entering, you agree to cooperate reasonably with any such background check. Failure to cooperate may result in disqualification and selection of an alternate potential winner, time permitting, by random drawing from among all remaining eligible entries. If a potential winner has engaged in or does engage in any conduct that could damage the reputation or business of Sponsor, any MLB Entity or the game of baseball, as determined by Sponsor and the MLB Entities in their discretion, such potential winner may be disqualified and the applicable prize may be awarded to an alternate winner, time permitting. Each potential winner and grand prize winner’s guest must also comply with all requirements for proper and appropriate behavior during any prize-related activities or events, including but not limited to the game and lunch. Any inappropriate behavior, as determined by Sponsor in its sole discretion, may result in removal from any activity or event.
Released Parties (a) make no warranty, guaranty or representation of any kind concerning any prize (or any portion thereof), and (b) disclaim any implied warranty.
7. GENERAL PROVISIONS: Acceptance of a prize constitutes a winner’s permission for Sponsor and the MLB Entities to use such winner's name, photograph, likeness, voice, biographical information, statements, and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation except where prohibited by law.
Entry materials/data that have been tampered with or altered are void. No responsibility is assumed for (i) lost, late, misdirected, damaged, garbled, incomplete or illegible entries or prize notifications, all of which are void; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for
technical, network, telephone equipment, electronic, mobile device, computer, hardware or software malfunctions or other errors of any kind or nature, or inaccurate transmission of or failure to receive entry information by Sponsor; or (iii) any injury or damage to entrant's or any other person's mobile device or computer related to or resulting from participating in the Sweepstakes.
By participating, you (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of the Administrator and Sponsor, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the operation of the Sweepstakes or the website associated with the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person or any MLB Entity, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes, in whole or in part, if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other unintended circumstances have impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select winner(s) from among all eligible, non-suspect entries unaffected by the problem as of the date of termination.
Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be participant’s sole and exclusive remedy in such circumstances.
8. CONDITIONS OF PARTICIPATION: By participating in the Sweepstakes, each participant agrees to release, discharge, indemnify, and hold harmless Sponsor, Boston Red Sox and the other MLB Entities, Administrator, and those involved in the development, production, implementation, and distribution of this Sweepstakes, including each of their respective parent companies, affiliates, subsidiaries, service providers, and agencies, and each of their respective directors, officers, agents, employees, attorneys, and any other person or entity associated with such entities and/or the Sweepstakes (collectively, "Released Parties"), from any and all liability for any and all claims, damages, losses or injuries of any kind whatsoever, including without limitation, death, and bodily injury, damages, losses or injuries, or any injury, loss or damages of any kind to persons, including death, or property, arising from or relating to, in whole or in part, directly, or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of any prize, including entry and participation in this Sweepstakes or any Sweepstakes or prize related activity, including, but not limited to acceptance, possession, use or misuse of any prize. In addition, any potential winner of a prize valued at $600 or more may be required to provide her social security number to the Sponsor and an IRS Form 1099 will be issued in the potential winner's name. Return of any
prize/prize notification as undeliverable may result in disqualification and selection of an alternate potential winner, time permitting, by random drawing from among all remaining eligible entries. No responsibility is assumed for any printing, typographical, mechanical or other error in these Official Rules, any online or other advertisements for the Sweepstakes, the announcement of any prize, or otherwise in any materials.
8. ARBITRATION/CHOICE OF LAW: Except where prohibited, entrants agree that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes shall be resolved exclusively by arbitration pursuant to the Rules of the American Arbitration Association then effective, and any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred by entrant with regard to this Sweepstakes, but in no event attorneys’ fees, punitive, incidental, consequential or other damages. As a condition of entering this Sweepstakes, each entrant agrees that any and all disputes, claims, controversies or causes of action arising out of or relating to this Sweepstakes, or any prizes awarded (each, a "Claim"), shall not be consolidated or joined with or in any other proceeding involving a Claim of any other party. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and sponsors in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to any choice of law or conflict of law rules or provisions (whether of Massachusetts or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Massachusetts. The courts of Massachusetts in Suffolk County shall be the exclusive forum for any dispute relating to these Official Rules and/or this Sweepstakes. All participants and winners agree, by their participation in the Sweepstakes, to submit to the personal jurisdiction of the courts of Massachusetts in Suffolk County. The invalidity or unenforceability of any provision of these Official Rules shall not affect the invalidity or unenforceability of any other provision so long as the general intent of these Official Rules remains in effect. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
9. DATA/PRIVACY: By entering the Sweepstakes, each participant agrees to the Sponsor's use of his/her personal information as described in the Sponsor’s Privacy Policy located at http://www.kayem.com/privacy-policy.
10. WINNER LIST: For a list of the winners, send a stamped, self-addressed envelope by October 1, 2018, to Kayem’s Ultimate Bostonian Sweepstakes Winners List, P.O. Box 1916, New York, NY 10156.
11. SPONSOR: Kayem Foods, Inc., 75 Arlington Street, Chelsea, MA 02150.
12. ADMINISTRATOR: The A Team LLC, 1441 Broadway, New York, NY 10018.
13. The Sweepstakes is in no way sponsored, executed, administered or produced by any MLB Entity.
Major League Baseball trademarks, service marks and copyrights are proprietary to the MLB Entities. All rights reserved.
