NO PURCHASE, PAYMENT, OR DONATION OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE, PAYMENT OR DONATION WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING.
1. ELIGIBILITY. Jennie-O Turkey Store Sales, LLC (“Sponsor”) “Turkey Day Spectacular Sweepstakes (the “Promotion”) is only open to those who, as of the start date, are legal residents of the fifty (50) United States, including the District of Columbia, and who have reached the age of majority in their state or district of residence. The Promotion is void where prohibited or restricted by law. Employees, officers and directors of Sponsor and its parents, subsidiaries, affiliates, divisions, advertising and promotion agencies (“Promotion Entities”) involved in the administration of this Promotion, and the immediate families (defined as parents, spouses, children, siblings, grandparents and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director, are not eligible to enter.
2. TIMING. The Promotion entry period begins at 12:00 AM Central Time (“CT”) on 10/20/2020 and ends at 11:59 PM CT on 11/20/20 (the “Entry Period”). Sponsor’s computer is the official timekeeping device for the Promotion.
3. HOW TO ENTER. To enter,
Go to parade.jennieo.com during the Entry Period and follow the instructions for entering or:
Visit Facebook at https://www.facebook.com/jennieoturkey during the Entry Period and (a) if you have not previously done so, “Like” the page; (b) submit the video entry via direct message through Facebook Messenger. To make a submission through Twitter, be sure to join Twitter if you haven’t already done so. Start following us @jennieo. To enter, issue a Tweet from your account, including the hashtag #TurkeyDaySpectacular, #MacysParade and the hashtag #sweeps and the handle @jennieo, and Tweet your video submission. To make a submission through Instagram, be sure to join Instagram if you haven’t already done so. Start following us @jennieo. To enter, post your video entry to your account, include the hashtag #TurkeyDaySpectacular, #MacysParade and the hashtag #sweeps and the handle @jennieo.
Before entering the Promotion, your social media channel account settings must not restrict public access or else Sponsor will not be able to locate Entry and your Entry will not be included in the Promotion.
This Promotion is not sponsored, endorsed, administered by, or associated with Facebook/Twitter/Instagram/etc. You understand that you are providing information to Sponsor and not to Facebook/Twitter/Instagram/etc. This promotion is not endorsed by, run, sponsored or affiliated with Macy’s Corporate Services, LLC or its affiliated companies.
Limit of one (1) Entry per person. Multiple Entries, mass Entries, and Entries generated by script, macro, or other automated means or by any means that subvert the entry process will be void.
Complete and submit all requested information during the Entry Period in accordance with the on-screen instructions. You must complete all required information to be eligible to win. All entries must be received by Sponsor during the Entry Period. Any attempt by any participant to obtain additional entries beyond the limit by using multiple/different email addresses, identities, registrations, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. All Entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of submission will not be deemed proof of receipt of Entry by Sponsor.
Your Entry must not contain any inappropriate or offensive materials, as determined by Sponsor in its sole discretion. Any Entry, which in the sole opinion of Sponsor, is deemed inappropriate in any way (e.g., defamation, nudity, pornography, gratuitous violence, inappropriate language, obscene, illegal, racially or morally offensive or likely to transmit or contain a virus, corrupted file or any similar element, etc.), is inconsistent with the theme or image of the Promotion, contains personally identifiable information, or otherwise violates the terms or the spirit of these Official Rules in any way, may be rejected and result in disqualification. Entries must comply with all laws, rules, and regulations including, but not limited to, those concerning copyright, plagiarism, trademark, defamation and invasion of privacy. Sponsor has the right, but not the duty, to review and disqualify any Entry submitted in connection with this Promotion.
In the event of a dispute as to the ownership of an entrant’s Entry, the natural person who is the authorized account holder of the email address or other address used to enter will be deemed to be the entrant, but only if that person is otherwise eligible to enter the Promotion. The “authorized account holder” is the natural person assigned to an email address or similar electronic address by an Internet access provider, online service provider, or other organization responsible for assigning addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, the winning entrant may be deemed ineligible.
4. AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules, and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of Entries, the selection of entrants and the winner, and the awarding of the prize), which are final and binding in all respects.
5. DRAWING; ODDS; NOTIFICATION. On or about 11/27/2020, Sponsor or Sponsor’s designee will randomly select potential winner(s) from among all eligible Entries received. Odds of winning a prize depend on the number of eligible Entries received. The entrant selected must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements and requests of Sponsor during the verification process. The potential winner will be notified either by phone, mail, courier and/or email or via social media direct message or notice on wall, at Sponsor’s discretion. The potential winner may be required to execute and return to Sponsor a notarized Affidavit of Eligibility, a Liability Release, and, except where prohibited by law, a Publicity Release (collectively an “Affidavit/Release”) in the form(s) provided by Sponsor in order to claim his/her prize. The Affidavit/Release must be returned to Sponsor by the date and/or time indicated. If the potential winner cannot be contacted within seven (7) days of the first attempt to contact him/her, or if the potential winner fails to return the Affidavit/Release within the specified time, or if any prize or prize notification is returned as undeliverable, or if the potential winner is found to be ineligible, or if the potential winner does not comply with the Official Rules or the requests of Sponsor, then the potential winner may be disqualified and an alternate winner selected by Sponsor in its sole discretion in his/her place, at random from among all eligible non-winning entries received by Sponsor for the Promotion.
6. PRIZE(S). One Grand Prize and four runner up prizes will be awarded in this Promotion. The approximate retail value (“ARV”) of a prize is $100 dollars for each runner up and $5,000 for the grand prize. A “prize” consists of and is limited only to JENNIE-O® brand products or coupons for all winners and travel, accommodations and meals to New York City, NY to watch the Macy’s Thanksgiving Day parade in person.
The grand prize consists of roundtrip, coach-class airfare for the winner and a guest from a major airport near the winner’s home (chosen in Sponsor’s sole discretion) to New York City Airport lodging for up to 4 nights at single room, double occupancy transfers to and from the airport, winner must be able to travel on the dates/times chosen by Sponsor or forfeit the prize.
Prizes are awarded “as is,” with no warranty or guaranty, either express or implied by the Sponsor or the Administrator. The winner acknowledges that there is inherent risk associated with travel, and by accepting the prize the winners agrees to incur such risk and release Sponsor from any liability for related damages. Winner acknowledges and agrees Sponsor will not provide any insurance associated with the prize, and winner and guest are responsible for obtaining any related insurance, if desired. Only those specific items listed above are included in the prize, and all details not specifically listed above will be at Sponsor’s sole discretion. Winners are solely responsible for any expenses incurred in connection with the trip not specifically included above, including airline baggage fees, gratuities, incidental travel and meals. All travelers (winner and guest) must travel on same itinerary. Travel must be round trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. The Sponsor is not responsible if any scheduled flight, transfer, lodging or event is delayed, unavailable, postponed or cancelled for any reason and winner will not be reimbursed for associated costs. Airline tickets may be subject to issuer’s standard rain-check policies and procedures. Limitations and restrictions may apply, based on resort and airline policies.
If a winner’s guest is a minor (as determined by his/her state of residence), winner must be the minor’s parent/legal guardian and must complete required paperwork on behalf of minor as applicable. Winner and travel companion must execute liability/publicity releases prior to issuance of prize documents, as outlined below. Restrictions, conditions and limitations may apply. Lost, mutilated, or stolen tickets, vouchers or certificates will not be replaced. The actual/ARV value may differ at the time of prize award. The ARV of travel may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive the difference between the actual value and the ARV. The winner and guest are responsible for all taxes and fees associated with prize receipt and/or use. Prizes are non-transferable. No substitutions or cash equivalents allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute prize for one of equal, lesser, or equivalent value. Limit one prize per person. All prizes claimed in accordance with these rules will be awarded.
Coupons are subject to their terms and conditions. Prize must be accepted as awarded, and prize is awarded “AS IS” with no warranty, representation or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No substitution, assignment or transfer of a prize is permitted, except by Sponsor, who reserves the right to substitute a prize with another prize of greater or equal value. Winner is solely responsible for any and all costs, fees, taxes and expenses associated with prize award, receipt and use, including, without limitation, all federal, state and local taxes on the prize. For prizes valued over $600, prize winner will be issued an IRS Form 1099 for the retail value of the prize. If potential winner does not wish to accept the prize, an alternate winner may be selected at random from the pool of eligible entrants. All details of the prize not set forth herein will be determined by Sponsor in its sole discretion. All entrants and entries are subject to verification prior to the awarding of a prize, as are the eligibility, age and other claims of information provided by a potential prize winner.
7. PUBLICITY. Except where prohibited by law, participation in the Promotion constitutes winner’s consent to Sponsor’s (and its designees’, successors’ and assigns’) use of winner’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online) now or hereafter known, worldwide, in perpetuity, and without further payment, consideration, notice, review, approval or consent. Despite the above, Sponsor has no obligation to use such materials in any manner.
8. GENERAL CONDITIONS. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Promotion if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, there is any unsportsmanlike, dangerous or disruptive behavior associated with the Promotion, or there are viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor’s reasonable control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion. In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award prizes from among eligible, non-suspect Entries received up to the time of suspected impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of this Promotion is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.
9. RELEASE. By entering, each entrant forever, fully and irrevocably releases and holds harmless Sponsor and its parents, subsidiaries and affiliates, and their respective agents, advertising and promotion agencies, affiliates, Promotion partners and prize suppliers, and FACEBOOK, TWITTER, and INSTAGRAM, etc, and all of their respective employees, officers, directors, shareholders and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant’s participation and/or Entry in the Promotion and/or winner’s award, receipt or use of any prize awarded in the Promotion or any prize-related activity.
10. LIMITATIONS OF LIABILITY. Sponsor is not responsible for: (a) incorrect or inaccurate transcription of Entry information or late, lost, misplaced, filtered, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete or misdirected Entries or Entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Promotion; (e) printing, typographical, electronic or human errors, which may occur in the offer or administration of the Promotion or the processing of Entries; or (f) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion, or from viewing, playing or downloading any material from Sponsor’s website(s), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s websites by a hypertext link.
11. DISPUTES. Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal orstate court located in Mower County, Austin, Minnesota; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Minnesota for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental, consequential, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Promotion shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Minnesota, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Minnesota.
13. OFFICIAL RULES. These Official Rules are available at https://www.jennieo.com/parade-rules/ or by sending a self-addressed envelope to “Jennie-O Turkey Day Spectacular sweepstakes” — Rules Request.” c/o Hormel Foods, One Hormel Place, Austin, Minn. 55912.
14. WINNERS LIST. To request a list of winners, send a self-addressed postage-stamped envelope to “Jennie-O Turkey Day Spectacular sweepstakes” — “Winner List Request,” c/o Hormel Foods, One Hormel Place, Austin, Minn. 55912. Requests must be received by 12/18/2020.
15. SPONSOR. The sponsor of the Promotion and the address at which the Sponsor may be contacted is Jennie-O Turkey Store, 2505 Willmar, Ave SW, Willmar, MN 56201.
PROMOTION SPONSORSHIP INDEMNIFICATION AGREEMENT
THIS PROMOTION SPONSORSHIP AND INDEMNIFICATION AGREEMENT (“Agreement”), dated as of October 13, 2020 (“Effective Date”) is entered into by and between Macy’s Corporate Services, Inc. (“Retailer”), on behalf of itself and its affiliates, and Jennie-O Turkey Store Sales, LLC (“Sponsor”) for the purpose of allowing Sponsor to administer the Homemade Parade Float Social Contest Promotion (the “Promotion”) related to the Macy’s Thanksgiving Parade, at no cost to Retailer.
1. PROMOTION SCOPE. Sponsor will run the Promotion described in Exhibit A of this Agreement. Sponsor agrees to be solely responsible for the following at its own expense:
a) Promotion development and administration, and prize fulfillment.
b) ensuring the legal and factual adequacy of the Promotion’s official rules (“Promotion Rules”).
c) conducting and administering the Promotion in compliance with all applicable laws (including Prize Promotion and Privacy Laws) and the Promotion Rules.
d) providing contact information, as required by applicable laws (e.g., an email address or toll-free phone number) to allow entrants to contact Sponsor regarding the status of the Promotion.
e) any tax related obligations, including any tax reporting.
f) maintaining written records necessary to establish the retail value and/or maximum amount allowed for prizes stated in the Promotion Guidelines. Sponsor shall provide these records to Retailer upon request.
2. TERM AND TERMINATION. This Agreement shall be effective from the Effective Date and shall continue until December 31, 2020 (“Term”).
3. PERSONAL INFORMATION. Sponsor may not require entrants to provide more than their contact information (name and email address, street address and/or phone number) to enter the Promotion.
Sponsor acknowledges and agrees that it will only use such information to contact winners and will not use such information for marketing purposes or provide it to any third parties.
Sponsor shall ensure that any collection, access, storage, use, disclosure, and destruction of Personal Information (“PI” defined below) of entrants complies with all applicable laws, rules and regulations, including without limitation (i) all privacy laws, including but not limited to the California Consumer Privacy Act of 2018 (the “CCPA”), and (ii) laws governing marketing by telephone, text message, direct mail, e-mail, wireless text messaging, fax, or any other mode of communication, including but not limited to the Telephone Consumer Protection Act, the CAN SPAM Act, and Do Not Call laws (collectively, “Privacy Laws”). “Personal information” shall include but not be limited to: (a) information that identifies or could reasonably be used to identify any natural person or household, including without limitation a person’s first and last name, home or other physical address, telephone number, fax number, email address, social security number, driver’s license, date of birth, mother’s maiden name, government issued identification card, UDID, IP address, and (b) Personal Information provided by the winner of the Promotion and, if applicable, their companions, parents, and legal guardians.
4. INTELLECTUAL PROPERTY. Sponsor shall have limited license to use Retailer’s trademarks and/or logos only as specifically authorized in writing by Retailer but shall not represent that Retailer is a sponsor or co-sponsor of the Promotion. Sponsor acknowledges that it will not acquire any rights of any nature in any name, trade name, trademark, logo or other intellectual property of Retailer’s (“Retailer’s Property”) as a result of use of Retailer’s Property as permitted in this Agreement, and all such use of Retailer’s Property inure to the benefit of Retailer.
Sponsor has obtained and will hold for the entire term of the Agreement, all licenses, permits and rights and/or permissions necessary to perform its obligations hereunder and further represents and warrants that the Promotion, all material and media associated with the Promotion and its performance hereunder will not violate or infringe upon any copyright, trademark, right of publicity or other intellectual property rights of other persons or entities.
5. RELEASE AND INDEMNIFICATION. Sponsor shall defend, indemnify and hold harmless Retailer, its parent, affiliates, and their respective officers, directors, employees and agents (collectively, the “Indemnitees”) against any and all actual or alleged claims, proceedings, regulatory investigations, liabilities, damages, penalties, fines, costs and expenses (including, without limitation, attorneys’ fees and expenses, whether incurred before or after provision of notice) arising out of (i) Sponsor’s breach of a representation, warranty, or obligation hereunder, or (ii) Sponsor’s conduct or omissions. Retailer reserves the right to approve counsel selected to defend the Indemnitees. The obligations in this paragraph shall survive termination of this Agreement.
6. NO ASSIGNMENT. Neither party may assign any of its rights or delegate any of its duties pursuant to this Agreement without the prior written consent of the other, and any attempted assignment without such consent shall be void.
Notwithstanding the foregoing, Retailer may, without obtaining Sponsor’s consent, assign this Agreement to a corporate affiliate.
7. NO WAIVER. All remedies available to either party are cumulative and may be exercised without waiver of any other remedies. The failure to require performance of any provision of this Agreement or to act in the event of a breach shall not be deemed a waiver of such breach or of future breaches, shall not affect either party’s right to require full performance thereof, and the waiver by either party of a breach shall not constitute waiver of a similar breach in the future or of any other breach or nullify the effectiveness of such provision. Sponsor also understands that this Agreement supplements and does not supersede existing Agreements between Sponsor and Retailer and any other applicable documents and procedures between the parties.
8. GOVERNING LAW/JURISDICTION. This Agreement and all matters and disputes arising in respect thereof shall be governed by the law of the State of New York without reference to its conflicts of laws doctrine and excluding NYCPLR §202 concerning statutes of limitations. The Parties agree that any such disputes shall be adjudicated exclusively by a court within the County of New York and in the State of New York having jurisdiction over the matter and to voluntarily appear in such forum and submit to its jurisdiction and not to complain as to its convenience.
9. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute the same Agreement.
10. ELECTRONIC EXCHANGE OF SIGNATURES. The exchange of copies of this Agreement and of signature pages by electronic mail in “portable document format” (“.pdf”) form or by any other electronic means shall constitute effective execution and delivery of this Agreement and may be used in lieu of the original Agreement. The parties expressly agree that a PDF or other electronically preserved copy of the Agreement shall be admissible and waive any requirement that an ink-on-paper original of the Agreement be produced. This section is specifically intended to permit the parties to maintain this Agreement in electronic form and obviate the need for a “hard-copy” original of the Agreement.