The Hillshire Farm® Lit’l Smokies® Cocktail Links Recipe Contest Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
1. Eligibility. Participation open only to legal residents of the fifty (50) United States and the District of Columbia (excluding Arizona, Connecticut, Maryland and North Dakota) (“Territory”), who are at least eighteen (18) years of age and the legal age of majority in their state of residence at the date of entry. Void outside of the Territory, in Arizona, Connecticut, Maryland and North Dakota, and where prohibited, taxed or restricted by law. Employees, officers and directors of Tyson Foods, Inc., (“Sponsor”), Ketchum, Inc., Kelsey Barnard and their parent companies, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of promotion materials, and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees, officers and directors are not eligible to enter. You are not authorized to participate in the Contest if you are not located within the Territory. All federal, state and local laws and regulations apply.
2. Contest Period. The Hillshire Farm Lit’l Smokies Cocktail Links Recipe Contest begins at 9:00:00 am Eastern Time (“ET”) on October 20, 2023 and ends at 11:59:59 pm ET on October 29, 2023 (“Contest Period”).
3. How to Enter. During the Contest Period:
(i) Access the Instagram application on your mobile device;
(ii) Post a photo (“Photo”) on your Instagram account of a dish that includes one of the following Hillshire Farm® product flavors (each a “Product”): Lit'l Smokies® Cocktail Links, Beef Lit'l Smokies® Cocktail Links, Cheddar Lit'l Smokies® Cocktail Links, Turkey Lit'l Smokies® Cocktail Links, Lit'l Beef Franks® Cocktail Links, Lit'l Wieners® Cocktail Links, or Lit'l Polskas® Cocktail Links.
(iii) Include the hashtags #LitlCocktailLounge and #HillshireFarmContest at the beginning of your post and include the recipe (“Recipe”) for the dish featured in your Photo in the caption of your post.
The hashtags #LitlCocktailLounge and #HillshireFarmContest must appear at the beginning of your post and above the “more” button. You must make sure the “Photos Are Private” option in the account settings on your Instagram account are set to “OFF”. You must have an Instagram app and account to enter the Contest. If you do not have the Instagram app, you may download it through the application store on your device. The Instagram app is free.
Standard data fees may apply if entering the Contest using your mobile device. You should consult your wireless service provider’s pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. You should also check your device’s features for capabilities and check the device manual for specific use instructions.
All entry information, Photos, Recipes, comments, and posts shall be collectively referred to herein as the “Submissions” or each as a “Submission.” Submissions must comply with the Guidelines and Restrictions defined below.
By entering, each entrant warrants and represents the following with respect to entrant’s Submission: (a) entrant is the sole and exclusive owner of the Submission; and (b) the Submission will not infringe on any rights of any third parties.
Limit five (5) Submissions per person/Instagram account. Entrants are not permitted to submit the same Submission or Recipe more than once during the Contest Period. Duplicate Submissions by the same person/Instagram account will be subject to disqualification. All terms and conditions of Instagram.com apply. Multiple entrants are not permitted to share the same Instagram account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Instagram accounts, identities, registrations and logins, 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. In the event of a dispute as to any Instagram account, the authorized account holder of the email address used to register on the account will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.
All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Sponsor. By entering the Contest, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest.
4. Grant of Rights. Once submitted, Submissions cannot be modified by entrant. By submitting a Submission, each entrant gives permission (and warrants and represents that he/she has obtained all rights necessary from third parties to give such permission and grant the license herein described) to Sponsor and its licensees, sublicensees, successors, and assigns (collectively, the “Rights Holders”), the exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicensable right and license (including but not limited to, all intellectual property and proprietary rights including without limitation patents, trademarks, and copyrights) to use, perform, exhibit, edit, adapt, reproduce, manufacture, construct, tailor, distribute, sell, offer to sell, import and/or otherwise exploit the Submission, and the entrant’s likeness (both as depicted in the Submission and otherwise), name, voice and biographical information (including, but not limited to, city and state of residence) in connection with the Submission, in any manner and in any and all distribution channels, venues, formats and media now or later known or developed (collectively, the “License”) without compensation (where permitted by law) and without review, approval or notice, to the extent permitted by law. The rights granted pursuant to the License shall also include, without limitation, the right to: (a) change, alter, distort, edit or revise the Submission, or any part thereof; and (b) make derivative works based on the Submission, or any part thereof. Entrant agrees to sign any documents required by Sponsor upon request (and without compensation) to confirm such License. Sponsor is not obligated to exercise any of the rights granted in these Official Rules. Entrant further agrees that (a) Sponsor does not owe him/her a duty of confidence (or fiduciary duty or the like) and that he/she has no expectation of privacy as to his/her Submission and (b) Sponsor has wide access to ideas, stories, designs and other literary/artistic materials submitted to it from outside sources or being developed by its own employees and that such ideas/stories/designs/literary/artistic materials may be competitive with, similar to (or even identical to) his/her Submission and that Sponsor shall have no liability to entrant or any third party in conjunction therewith.
5. Submission Guidelines and Content Restrictions: By entering the Contest, each entrant agrees that entrant’s Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant or a Submission from the Contest if it believes, in its sole discretion, that the entrant’s Submission fails to conform to the Guidelines and Restrictions.
The Submission must be in a format compatible with Instagram.
The Submission must be primarily in English.
The Submission must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
The Submission must not disparage Sponsor or any other person or party;
The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations of the United States or of any jurisdiction where Submission is created; and
The Submission must be consistent with the image and values of Sponsor and be consistent with and satisfy the purpose of the Contest.
Each entrant acknowledges that other entrants may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in entrant’s Submission. Each entrant understands and agrees that he/she shall not have any claim against any other entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity.
Sponsor’s decisions are final and binding in all matters relating to this Contest, including, but not limited to, interpretation and application of these Official Rules. By entering the Contest, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest.
6. Judging Panel/Judging Criteria. On or about October 31, 2023, all eligible Submissions will be judged by the Hillshire Farm brand team. All Submissions will be judged based on the following equally-weighted judging criteria (“Judging Criteria”): (a) creativity; (b) presentation; (c) perceived taste appeal; and (d) effective use of the Product in the Recipe. In the event of a tie, the highest score in the creativity criteria (above) will determine winner (subject to confirmation).
7. Prizes. Three (3) winners will each receive three thousand dollars ($3,000), which will be paid in the form of a check. Approximate retail value (“ARV”) of all prizes combined: nine thousand dollars ($9,000). Winners may also have their winning Recipes featured at an on-the-ground activation (“Activation”) as determined by Sponsor in its sole discretion. The Activation is currently scheduled to take place at of Lit'l Smokies Lit’l Cocktail Lounge in New York, New York on November 7th and 8th unless otherwise determined by Sponsor. Winning Recipes may be modified by Sponsor for any reason, including but not limited to satisfy Sponsor’s nutrition guidelines and for taste appeal in Sponsor’s sole discretion.
Prizes are non-transferable. No substitutions or cash redemptions. In the case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value. All taxes and unspecified expenses are the responsibility of winners. Limit one prize per person or household.
All federal, state, and local taxes, fees, and surcharges on any prize are the sole responsibility of winner of the prize. Winners of prizes with a value of $600 or more will be issued an IRS Form 1099-MISC early in the year following the year in which prize was awarded for filing with his/her federal and state tax returns. Sponsor complies with all tax reporting requirements. The amount of any tax liability will vary depending on winner’s tax bracket.
8. Notification. Potential winners will be notified by a direct message and/or by Sponsor posting a comment to the potential winner’s Submission on the potential winner’s Instagram account on or about November 1, 2023. Potential winners will be required to email Sponsor within three (3) calendar days in order to claim their prize. Potential winners may be required to sign and return, where legal, an Affidavit or Declaration of Eligibility, Liability/Publicity Release and/or rights transfer document within three (3) calendar days of receipt. If any potential winner cannot be contacted within three (3) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any potential winner rejects his/her prize or in the event of noncompliance with these Contest rules and requirements, such prize will be forfeited and may be awarded to the Submission with the next highest score. Upon prize forfeiture, no compensation will be given.
9. Conditions. BY PARTICIPATING, ENTRANTS AND WINNERS AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, INSTAGRAM AND THEIR ADVERTISING AND PROMOTIONS AGENCIES AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, “RELEASED ENTITIES”), FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, TRAVEL TO, OR PARTICIPATION IN CONTEST, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF PRIZE OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION. Any and all federal, state and local taxes are the sole responsibility of the winners. Participation in Contest and acceptance of prize constitutes each winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, and/or any statements made by each winner regarding the Contest or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. Entrants who do not comply with these Official Rules, or attempt to interfere with this Contest in any way shall be disqualified. Sponsor is not responsible if Contest cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather, epidemics, pandemics, or acts of terrorism.
10. Additional Terms. Any attempted form of entry other than as set forth above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud, epidemics, pandemics, or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, Sponsor may select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or web site. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO AND/OR USE OF ANY SITES ASSOCIATED WITH THE CONTEST, AND/OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY SITES ASSOCIATED WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND 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 EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
12. Disputes; Governing Law. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by appropriate courts in the State of Arkansas; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. By entering, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of State of Arkansas, without giving effect to any choice of law or conflict of law rules. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located in Washington County, Arkansas.
14. List of Winners. To obtain a list of winners, send a self-addressed, stamped envelope by December 8, 2023 to:Hillshire Farm Lit’l Smokies Cocktail Links List of Winners c/o Kevin Hyde, 225 N Michigan Ave, Floor 20, Chicago, IL 60601.
15. Sponsor. Tyson Foods, Inc., 2200 W. Don Tyson Parkway, Springdale, AR 72762.
THIS CONTEST IS NOT ENDORSED, SPONSORED OR ADMINISTERED BY INSTAGRAM. ALL LOGOS AND TRADEMARKS DISPLAYED ON THIS CONTEST ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. ALL QUESTIONS, COMMENTS OR COMPLAINTS REGARDING THE CONTEST SHOULD BE DIRECTED TO TYSON FOODS, INC. AND NOT TO INSTAGRAM.