Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO PERSONS WHO AS OF THE DATE OF ENTRY ARE LEGAL RESIDENTS OF ONE OF THE 50 UNITED STATES OR D.C. AND ARE 18 YEARS OF AGE OR OLDER (19 YEARS OF AGE OR OLDER IN ALABAMA AND NEBRASKA; 21 YEARS OF AGE OR OLDER IN MISSISSIPPI) AND THE LEGAL AGE OF MAJORITY. SUBJECT TO ALL U.S. FEDERAL, STATE, AND LOCAL LAWS. VOID OUTSIDE THE UNITED STATES AND WHERE PROHIBITED BY LAW.
By participating in this Promotion, you are signifying your agreement that you have read and agree to be legally bound by these Official Rules (the “Rules”).
1. ELIGIBILITY: The Frank’s RedHot eNFT Promotion (the "Promotion") is open only to persons who as of the date of entry (and, if a winner, as of the date of Prize fulfillment) are a legal resident of one of the 50 United States or the District of Columbia and are 18 years of age or older (19 years of age or older in Alabama and Nebraska; 21 years of age or older in Mississippi) and are the legal age of majority in the jurisdiction in which the person resides (each such person, upon entering, an "Eligible Entrant"). Persons who at any time during the Entry Period (as defined below) (and, if a winner, as of the date of Prize fulfillment) are an officer, director, representative, employee, or agent of (or a member of the immediate family or household (whether or not related) of any such person) McCormick & Company, Incorporated ("Sponsor") or any of Sponsor’s parent companies, subsidiaries, affiliates, or its or their advertising or promotion agencies, prize suppliers, or any other company involved in the marketing, promotion, development, production, implementation, administration, operation, fulfilment or conduct of the Promotion, or preparation, manufacture, provision, or delivery of any prize or prize component (collectively, with Sponsor, the "Promotion Parties") are not eligible. Eligibility determinations will be made by Sponsor in its sole and absolute discretion and will be final and binding. U.S. law governs this Promotion. Void where prohibited by law.
2. HOW TO ENTER: NO PURCHASE IS NECESSARY TO ENTER THIS PROMOTION. The entry period for the Promotion (the "Entry Period") begins on January 27, 2022 at 12:00 a.m. Eastern Time ("ET") and continues through February 13, 2022 at 11:59 p.m. ET. Entries are obtained by earning “Bonecoins” as described below. Bonecoin is not currency, has no cash value and cannot be redeemed for cash, cannot be transferred or traded, and is only for purposes of tracking participation in the Promotion.
Website Scan Bonecoins: To obtain a Bonecoin, the participant must first visit the Promotion website at bonecoin.com (the “Website”) during the Entry Period and create an account for the Website (a “Website Account”) by following the on-screen instructions and providing all required information, which may include, without limitation, the participant’s valid email address, name and residence address and such other information as Sponsor may require. Then, to obtain Bonecoins by scanning one or more chicken bone wings, while signed-in to the participant’s Website Account, the participant must follow the provided instructions and, using the device on which the participant is signed-in to the Website Account and the functionality provided on the Website, scan one or more bones from a chicken wing that has been partially or entirely eaten (each a “Bone”). Each Bone may be scanned only once (i.e., the same Bone may not be included in multiple scans). It will be necessary to hold the participant’s device over one or more chicken wing bones to complete the scan (each completed scan, a “Scan”). Each participant must access the Website using a device that the participant can readily hold over the Bones in order to capture a Scan, such as a mobile phone or tablet. Each participant must use a device that complies with the technical specifications set forth on the Website. If Sponsor determines that any Scan includes a Bone that was depicted in another Scan, Sponsor has the right in its sole and absolute discretion to disqualify any duplicative Scans and/or duplicate Bones. Technology utilized by Sponsor will count the Bones clearly depicted in each Scan and determine the quantity of such Bones depicted in the Scan, in Sponsor’s sole and absolute discretion. Sponsor’s ability to determine the quantity of Bones in a Scan will be affected by the manner in which the Bones are arranged in the Scan. Bones must be arranged in a side-by-side manner, with overlapping and obstruction of Bones minimized, and each entrant must arrange the Bones in manner that makes each Bone separately visible. For each Bone that is clearly depicted in a Scan and counted by Sponsor, in Sponsor’s sole and absolute discretion, the Eligible Entrant will receive one Bonecoin (for example, if a Scan clearly depicts three Bones, the Eligible Entrant will be eligible to receive three Bonecoins). There is no limit to the number of Bones per Scan (subject to the requirements in these Rules and technical limitations). Each Eligible Entrant may submit any combination of Scans and Drawings (as defined below), but there is a limit of five (5) Scans and Drawings in the aggregate per person and Website Account per Day of the Promotion (each “Day” of the Promotion begins at 12:00 a.m. ET and ends at 11:59 p.m. ET on a day during the Entry Period). (By way of example, if an Eligible Entrant submits four Scans on a particular day, that Eligible Entrant may not submit more than one Drawing on that same day.) Sponsor is not responsible for any errors (including, without limitation, technical, human or counting errors), malfunctions, or delays of any kind in connection with the operation of the Website, the submission of Scans or the counting of Bones or Bonecoins.
Alternative Method of Entry: Eligible Entrants may alternatively obtain Bonecoins as follows: The participant must first visit the Website during the Entry Period and create a Website Account by following the on-screen instructions and providing all required information, which may include, without limitation, the participant’s valid email address, name and residence address and such other information as Sponsor may require. Then, follow these steps: Submit Bone Drawing by Email: An Eligible Entrant may obtain Bonecoins by creating and submitting an original drawing depicting one or more Bones (a “Drawing”). To do so, create the drawing digitally or by hand, then email the Drawing to Social_Admin@McCormick.com so that it is received during the Entry Period. The email address from which the Drawing is sent by the Eligible Entrant must match the email address used to create the Website Account. Each Drawing that is submitted must be emailed separately. The email must include the Eligible Entrant’s full name, telephone number, home address (including zip code) and age. In the Drawing, the Bones must reasonably approximate the actual size of a chicken wing bone, and Bones must be arranged in a side-by-side manner, with overlapping and obstruction of Bones minimized, and the Bones must be depicted in manner that makes each Bone separately visible. The Drawing, if digital, must be one file, in either a .jpg or .pdf format and must not exceed 5MB in size. Hand Drawings must be drawn on paper (using only one side) not exceeding 3 inches x 5 inches in size, and emailed, in one file, in a .jpg or .pdf format, not to exceed 5MB in size. For each Bone that is clearly depicted in a Drawing received by Sponsor and counted by Sponsor, in Sponsor’s sole and absolute discretion, the Eligible Entrant will receive one (1) Bonecoin (for example, if a Drawing clearly depicts three Bones, the Eligible Entrant will be eligible to receive three Bonecoins). Each unique Drawing may be submitted only once. There is no limit to the number of Bones per Drawing (subject to the requirements in these Rules). Each Eligible Entrant may submit any combination of Scans and Drawings, but there is a limit of five (5) Drawings and Scans in the aggregate per person and per Website Account per Day of the Promotion.
Other ways to earn Bonecoins: Once, and only if, an Eligible Entrant has completed the steps above to be eligible to earn one (1) or more Bonecoins via the Website Scan Method or Alternative Method, that Eligible Entrant may obtain additional Bonecoins as follows:
General Requirements: To receive a Bonecoin, all required steps must be taken in accordance with these Official Rules during the Entry Period, all as determined by Sponsor in its sole and absolute discretion. Use of any Social Account must be in accordance with the applicable terms, rules, policies and guidelines of the applicable social media platform.Standard data rates apply to entrants who choose to participate in the Promotion via a mobile device. Please contact your service provider for pricing and service plan information and rates before mobile device participation. The sole determinant of the time for the purposes of the Promotion will be the official time-keeping device(s) used by the Sponsor. Bonecoin is not currency, is not convertible virtual currency, and is not value that substitutes for currency. Bonecoin has no cash or cash equivalent value and no monetary or monetary equivalent value. Bonecoin is not associated with any cryptocurrency, is completely non-transferable, and is not exchangeable into any currency (including cryptocurrency). Bonecoin cannot be used for any purposes other than as set forth in these Rules. The sole purpose of Bonecoin is to serve as a measurement to determine the winner of the Promotion and Bonecoin cannot be used to make a purchase or in any other manner as a substitute for currency. After the end of the Promotion, all Bonecoin will cease to exist. At no time will any entrant have ownership over any Bonecoin. All entries are subject to verification at any time. Proof of submission does not constitute proof of entry. Sponsor will have the right, in its sole and absolute 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, and, if applicable, forfeiture of the prize.
3. ENTRY CONDITIONS AND REQUIREMENTS: To be eligible, all content, materials, and activities associated with your entry or participation in this Promotion, regardless of the method of entry (individually, “Bonecoin Material,” and collectively, the “Bonecoin Materials”) must be submitted and received in accordance with these Rules during the Promotion Period, and otherwise comply with these Rules.
Each Bonecoin Material (including, without limitation all Scans and Drawings) must comply with the following requirements: (a) the Bonecoin Material must not contain any material that is disparaging, defamatory, threatening, indecent, violent, obscene or offensive, or that promotes or depicts violence, bigotry or discrimination; (b) the Bonecoin Material must not depict any illegal, sexually explicit, violent or dangerous behavior; (c) the Bonecoin Material must not depict, identify or use the name or likeness of any person other than the Eligible Entrant, or any other aspect of the persona of any person other than the Eligible Entrant; (d) the Bonecoin Material is original to the entrant and that the entrant has obtained all necessary rights in and to the Bonecoin Materials for the purposes of entering such Bonecoin Materials in the Promotion; and (d) the Bonecoin Material must not depict any material that violates or infringes upon the rights of any third party, including without limitation any copyright, trademark or right of privacy or publicity, or that is unlawful, in violation of or contrary to any applicable law or regulation. By submitting a Bonecoin Material, the Eligible Entrant represents and warrants that the Eligible Entrant has complied with all the foregoing requirements. Sponsor reserves the right in its sole and absolute discretion to disqualify any Bonecoin Material that it determines or suspects does not comply with these guidelines and/or to disqualify any Entrant who submitted such a Bonecoin Material.
The Sponsor and/or its promotional agency or designated content moderator (the “Reviewer”) reserves the right to screen all Bonecoin Materials. Any Bonecoin Materials that the Reviewer deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Rules are subject to disqualification. The Reviewer reserves the right, in its sole and absolute discretion at any time and for any reason, to remove any Bonecoin Materials (or any part thereof) and/or to request an entrant to verify, modify, edit and/or re-submit his or her Bonecoin Materials (or any part thereof – including without limitation, a Photo) in order to ensure that the Bonecoin Materials comply with these Rules, or for any other reason. If such an action is necessary at any point during or after the Promotion, then the Sponsor reserves the right, in its sole and absolute discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Bonecoin Materials (and therefore the corresponding Bonecoin and/or the associated entrant) – to help ensure that the Promotion is being conducted in accordance with the letter and spirit of these Rules.
If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to: (i) exceed any of the limits stated in these Rules; (ii) use multiple names, multiple identities, multiple e-mail addresses, multiple Website Accounts, multiple Social Accounts, third parties, duplicate Bones, duplicate Scans or Drawings, and/or use any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or to disrupt the Promotion; and/or (iii) disrupt or participate in the Promotion in any other fraudulent or misleading way, then he/she may be disqualified from the Promotion in the sole and absolute discretion of the Sponsor. The Sponsor, Promotion Parties, Licensees, Twitter Inc., Instagram Inc., Meta Platforms, Inc. and each of its and their respective agents, employees, directors, officers, successors, and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Website Accounts, Bones, Scans, Drawings, Bonecoins or Bonecoin Materials, (collectively, “Promotion-Related Information”), all of which are void.
Bonecoin Materials (and for certainty, the associated Bonecoin) may be ineligible if, in the sole and absolute discretion of the Sponsor: (i) the Bonecoin Materials are not submitted and received in accordance with these Rules during the Promotion Period; and/or (ii) the Bonecoin Materials are not in compliance with these Rules, Sponsor’s Website Terms of Use or App Terms of Use and/or the applicable Social Platform Rules (all as determined by the Sponsor in its sole and absolute discretion).
4. WINNER SELECTION: Following the conclusion of the Entry Period, one (1) potential winner will be selected by Sponsor from among all Eligible Entrants. The potential winner will be the Eligible Entrant who obtained the most Bonecoins, unless there is a tie. In the event of a tie, the tie will be broken by a random drawing conducted by Sponsor from among those Eligible Entrants who tied for obtaining the most Bonecoins. The odds of winning will depend on the number of Eligible Entrants and the quantity of Bonecoins obtained by each of them.
5. WINNER NOTIFICATION AND VERIFICATION:The potential Prize winner will be notified on or about February 14, 2022 via email and must respond to the initial notification attempt within 48 hours. Sponsor will not be obligated to make more than three notification attempts.
NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS THE WINNER IN ACCORDANCE WITH THESE RULES. The potential winner is subject to verification of eligibility and may, in Sponsor’s sole and absolute discretion, (i) be required to submit proof of identity and/or eligibility in a form acceptable to Sponsor (including, without limitation, government-issued photo identification), within 48 hours of request, and (ii) be required to sign and return within 48 hours of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with this Promotion, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; (iv) agrees to indemnify the Released Parties against any and all claims, causes of action, damages, liabilities, costs, and expenses arising from the Promotion (including as stated in these Rules); and (v) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Promotion and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in perpetuity throughout the world in any manner or medium whatsoever, (including print, broadcast or the internet. Verification of the potential winner’s eligibility may also include, without limitation, a background investigation. Each Eligible Entrant consents to the conduct of a background investigation (which may include, without limitation, a review of criminal records) on the Eligible Entrant and agrees to supply any authorizations or permissions deemed necessary by Sponsor in connection with any such investigation. Sponsor reserves the right to request from the potential information such information as may be necessary or relevant to determining that each Bonecoin Material was submitted in compliance with these Official Rules. Each Eligible Entrant represents that the Eligible Entrant will provide accurate and truthful information to Sponsor in connection with eligibility verification. Failure to provide, complete, or return, in a timely manner, to the satisfaction of Sponsor, any required proof or documentation may result in disqualification. Sponsor will have the right to require the potential winner to complete and return to Sponsor an Affidavit of Eligibility and Publicity/Liability Release within 48 hours after attempted delivery of the document to the potential winner.
If any attempted notification or Prize delivery is returned as undeliverable, or if a potential winner does not respond to Sponsor’s initial notification attempt within 48 hours, or if a potential winner does not complete, sign, and return any required legal or release documentation within 48 hours after attempted delivery of the document to the potential winner, or cannot accept (or is unwilling to accept) a Prize (as awarded) for any reason, or if a potential winner does not satisfy the eligibility requirements set forth in Section 1 or is determined by Sponsor (in its sole and absolute discretion) to not be compliant with these Official Rules, or if Sponsor conducts a background investigation on a potential winner and determines in its sole and absolute discretion that awarding a Prize to the potential winner, publicizing any facts or details about the potential winner or an association of the potential winner with Sponsor or the Promotion might reflect negatively on Sponsor and/or its products or services or the Promotion, Sponsor will have the right in its sole and absolute discretion to disqualify the potential winner and select an alternate winner.
PRIZE: There is one (1) prize (the “Prize”) available to be won. The Prize consists of (i) a NFT (defined below) associated with an item of Frank’s RedHot-themed artwork (the “NFT”), transferred to the confirmed winner, and (ii) an edible replica of the artwork constructed in whole or in part of buffalo wings (the “Edible NFT”). The approximate retail value of the Prize is $2,290 USD (Two Thousand Two Hundred and Ninety U.S. Dollars). The Prize (including both the NFT and the Edible NFT) may not be used in any manner that defames, misrepresents or disparages Sponsor or its related entities.
“NFT,” or “Non-Fungible Token,” means a numbered, non-fungible token implemented on a blockchain using smart contracts, such as, by way of example but not limitation, a non-fungible token conforming to the ERC-721 standard on the Ethereum blockchain network, Polygon network, or similar blockchain network. The NFT is separate and distinct from the underlying property, content, the copyright, and/or any other intellectual property contained within or with which it may be linked or associated, and it may not be modified, edited, reproduced, copied, or distributed. For the avoidance of doubt, the receipt of the NFT by the winner does not transfer any intellectual property rights to the winner, and all intellectual property rights (including, without limitation, copyrights or rights to trademarks) are expressly reserved by Sponsor or its affiliates. The NFT may be subject to additional terms (including, by way of example, those contained in the description of the NFT on the NFT marketplace), to which the winner may be required to agree. The NFT is not a medium of exchange or convertible virtual currency and does not grant the owner any rights associated with owning a security.An NFT does not have any inherent market value; instead, its value of any NFT, like other collectibles, is inherently subjective and is determined when it is resold to interested buyers on a secondary market. The winner agrees to keep the NFT for a no less than six months after the day it is awarded, at which point the winner can sell or trade the NFT. NFT value may be subject to market fluctuations, and Sponsor is not responsible for any changes in value, including complete loss of value. Winner will be responsible for having or setting up a digital wallet compatible with receiving the transfer of NFT from the Sponsor, and must confirm such account, provide any information required to enable transfer upon request, and take possession of the NFT portion of the Prize within 30 days of being confirmed. Prize transfer will be initiated within 30 business days of receipt of all required information by Sponsor. Winner is responsible for any risks, costs or expenses associated with the setting up the digital wallet and/or acceptance, use, sale or holding of the NFT. Selling NFTs may have tax consequences, for which winner will be solely responsible; winner should consult a tax advisor for any questions regarding the tax implications of the tax impact of the prize.
IMPORTANT NOTE REGARDING EDIBLE NFT:Delivery of the Edible NFT portion of the Prize is subject to the Sponsor representatives’ ability to readily travel to or otherwise access the applicable delivery location, and to deliver the Edible NFT portion of the Prize at such location. Sponsor reserves the right in its sole and absolute discretion to limit delivery to a readily accessible metropolitan area and/or to require the winner to make arrangements to pick up the Edible NFT if Sponsor determines in its sole and absolute discretion that traveling to the winner’s location is impractical or impossible. Delivery of the Edible NFT portion of the Prize is also subject to applicable COVID-19 restrictions at the time of fulfilment. The Edible NFT portion of the Prize will be delivered within 30 days of confirming the winner on a date determined by the Sponsor in its sole and absolute discretion. Delivery of the Edible NFT portion of the Prize may be filmed, photographed and otherwise recorded by the Sponsor and such recordings may be reproduced, published and communicated to the public by telecommunication, made available and otherwise exploited by the Sponsor worldwide in any type of media (including without limitation social media) in order to advertise and promote the Sponsor and for other purposes (all as determined by the Sponsor in its sole and absolute discretion). Without limiting the Prize terms and winner confirmation procedures below, by accepting the Prize the confirmed winner agrees to sign any release form(s) (including, liability, publicity and/or intellectual property release forms) as may be required by the Sponsor to confirm or give full effect to the filming, photography and recording rights above (including, without limitation, a use of likeness and/or location release) and to cause any person present at the Edible NFT delivery to sign such release form(s). The winner must participate in the Edible NFT portion of the Prize in a respectable and safe manner and abide by all applicable Sponsor policies, including, as applicable, COVID-19 policies. Sponsor reserves the right to revoke the Edible NFT portion of the Prize and not award it to the winner if at any time during delivery Sponsor, in its sole and absolute discretion, deems the winner, to be a safety risk, violating any applicable policy or law, or bringing the Sponsor or any of the other Released Parties into disrepute (and nothing will be substituted in place of the revoked Prize component).
General Prize Terms and Conditions: The following general terms and conditions also apply to the Prize (including both the NFT and Edible NFT):
The winner must, at the winner’s sole cost and expense, have or obtain an NFT wallet to take possession of the NFT portion of the Prize. If the confirmed winner does not utilize or cannot accept any part(s) of the Prize for any reason, then any such part(s) not utilized or accepted may, in the sole and absolute discretion of the Sponsor, be forfeited in their entirety and, if forfeited, nothing will be substituted in their place. Except as expressly stated above in these Rules, with respect to the transfer of the NFT, the Prize must be accepted as awarded and is not transferable or assignable and/or or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion). Except as expressly stated above in these Rules, with respect to the transfer of the NFT, the Prize must be accepted as awarded and is not transferable or assignable and/or or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion).
By participating in the Edible NFT portion of the Prize, the winner: (a) signifies that he/she understands, acknowledges and accepts that participation in the Prize may involve danger and/or exposure to risks and hazards (including without limitation as may be due to the inherent risks of eating a large portion of buffalo wings), whether arising from foreseeable or unforeseeable human error and negligence, and that, as a result, he/she may suffer damage to personal property, serious personal injury, illness or even death; (b) signifies that he/she acknowledges and agrees that the Released Parties have not made any warranties, guarantees or representations about his/her safety while participating in the Edible NFT portion of the Prize; and (c) warrants and represents that he/she has evaluated the nature, scope, and extent of the risks involved, and freely and voluntarily agree and assume any and all risks of personal injury, illness, death arising out of or connected with his/her participation in the Edible NFT portion of the Prize.
Sponsor reserves the right at any time to place reasonable restrictions on the availability or use of the Prize or any component thereof. No substitution, cash redemption or transfer of the right to receive the Prize or any Prize component is permitted, except in the sole and absolute discretion of Sponsor, which have the right to substitute the Prize or any Prize component with a prize or prize component of equal or greater monetary value selected by Sponsor in its sole and absolute discretion (including, without limitation, if the fulfilment of the Prize, or any part thereof, is rendered impossible, infeasible, unsafe or impractical for any reason, including, without limitation, due to any COVID-19 or other pandemic-related law, regulation, order, policy, guideline, or restriction, or for any other reason, all as determined by the Sponsor in its sole and absolute discretion). The Released Parties will not be in any way responsible (and are not obligated to offer any substitute prizing) in the event that any part of the Prize is delayed, postponed, re-scheduled or cancelled for any reason whatsoever (including, without limitation, due to illness or health risks, or any governmental or health authority orders, measures, directives or guidance in response to such illness or risks, such as, without limitation, those that may be implemented to mitigate COVID-19 transmission, or due to any other cause of any kind or nature whatsoever). Sponsor reserves the right to change any of the Prize dates and/or Prize description at its sole and absolute discretion. The Prize will be awarded if properly claimed. The Prize consists only of the item expressly specified in these Official Rules. All expenses or costs associated with the acceptance, receipt or use of the Prize or any Prize component are the responsibility of the winner. All Prize details, and all characteristics and features of the Prize (and of each Prize element), except as expressly stated in these Official Rules, will be determined by Sponsor in Sponsor’s sole and absolute discretion. The Prize is awarded “as is” and without any warranty, except as required by law. Any difference between the actual value of the Prize and its stated approximate retail value will not be awarded. All federal, state and local taxes on the value of the Prize are the responsibility of the winner. An IRS form 1099 will be issued if the value exceeds $600. Sponsor will have the right, as a condition of awarding the Prize, to require the winner to sign additional agreements and/or documents confirming the grants of rights contained in these Official Rules and/or other terms relating to the provision of the Prize.
6. GRANT OF RIGHTS: Each entrant irrevocably grants to Sponsor, Sponsor’s parent companies, subsidiaries and affiliates, and the agents and licensees of each of the foregoing and each of their respective successors and assigns (collectively, the “Licensees”) the right to use the entrant’s name, likeness, voice and biographical information (“Personality Rights”), 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 commercial purposes and any other purposes (including, without limitation, advertising and promotion), without further notice or compensation, unless prohibited by law.
BY ENTERING THE PROMOTION AND/OR SUBMITTING AN ENTRY AND/OR ANY BONECOIN MATERIALS, EACH ENTRANT: (I) WITHOUT LIMITING THE APPLICABLE SOCIAL PLATFORM RULES, AS APPLICABLE, GRANTS TO THE SPONSOR, IN PERPETUITY, A WORLDWIDE, NON-EXCLUSIVE, LICENSE TO PUBLISH, DISPLAY, REPRODUCE, MODIFY, EDIT, MAKE AVAILABLE, COMMUNICATE TO THE PUBLIC BY TELECOMMUNICATION AND OTHERWISE USE HIS/HER ENTRY AND/OR BONECOIN MATERIALS (AND EACH COMPONENT THEREOF), IN WHOLE OR IN PART, FOR ADVERTISING OR PROMOTING THE PROMOTION OR FOR ANY OTHER REASON IN ANY TYPE OF MEDIA; (II) WAIVES ALL MORAL RIGHTS IN AND TO HIS/HER BONECOIN MATERIALS (AND EACH COMPONENT THEREOF) IN FAVOUR OF THE SPONSOR (AND ANYONE AUTHORIZED BY THE SPONSOR TO USE SUCH BONECOIN MATERIALS); AND (III) AGREES TO RELEASE AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES ARISING FROM USE OF HIS/HER ENTRY AND/OR BONECOIN MATERIALS (OR ANY COMPONENT THEREOF), INCLUDING, WITHOUT LIMITATION, ANY CLAIM BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADE-MARK INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY RELATED OR OTHER CAUSE OF ACTION WHATSOEVER. SUCH ENTRY AND/OR BONECOIN MATERIALS SHALL BE DEEMED TO BE NON-CONFIDENTIAL, NON-PROPRIETARY AND SPONSOR SHALL HAVE NO OBLIGATION OF ANY KIND WITH RESPECT TO SUCH ENTRY AND/OR BONECOIN MATERIALS AND SHALL BE FREE TO EDIT, EXPLOIT, MODIFY, PUBLISH, REPRODUCE, USE, DISCLOSE, DISSEMINATE AND DISTRIBUTE THE ENTRY AND/OR BONECOIN MATERIALS TO OTHERS WITHOUT LIMITATION IN ANY AND ALL MEDIA NOW KNOWN OR NOT CURRENTLY KNOWN, THROUGHOUT THE WORLD IN PERPETUITY FOR ANY PURPOSE WITHOUT COMPENSATION, PERMISSION OR NOTIFICATION TO ENTRANT OR ANY THIRD-PARTY. ENTRANT ACKNOWLEDGES AND AGREES THAT IF SPONSOR DOES USE THE ENTRY AND/OR BONECOIN MATERIALS, ENTRANT SHALL NOT BE ENTITLED TO ANY CREDIT, CONSIDERATION, NOTICE OR PAYMENTS OF ANY KIND. ENTRANT AGREES THAT IF SPONSOR ELECTS TO USE ENTRY AND/OR BONECOIN MATERIALS FOR ANY PURPOSE, ALL RIGHTS UNDER COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS WHICH MAY RESULT FROM THAT RELATING TO ENTRANT’S ENTRY AND/OR BONECOIN MATERIALS OR FROM USE OF THE SAME BY SPONSOR SHALL BE THE SOLE PROPERTY OF SPONSOR. ENTRANT FURTHER AGREES THAT IF SPONSOR ELECTS TO USE ENTRANT’S ENTRY AND/OR BONECOIN MATERIALS, ENTRANT WILL EXECUTE ANY DOCUMENTS REQUESTED BY SPONSOR REGARDING THIS ASSIGNMENT. IF ANY USE BY SPONSOR OF THE ENTRY AND/OR BONECOIN MATERIALS CAUSES IT TO BE LIABLE TO ANY THIRD-PARTY, ENTRANT AGREES TO INDEMNIFY PROMOTION ENTITIES FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) WHICH IT INCURS AS A RESULT OF ITS USE OF THE ENTRY AND/OR BONECOIN MATERIALS. ENTRY AND/OR BONECOIN MATERIALS WILL NOT BE RETURNED TO ENTRANTS.
7. ASSUMPTION OF RISK; RELEASE AND LIMITATION OF LIABILITY: Each entrant assumes the risk of, and all liability for, any injury, loss or damage caused, or claimed to be caused, by or arising out of or relating to Promotion, participation in the Promotion, the acquiring, preparing, retaining or collection of Bones for inclusion in Scans or Drawings, the use of the Website or any other website or platform, or the Prize, or the acceptance, receipt, transfer, or use of any Prize or any component thereof.
BY ENTERING THE PROMOTION AND/OR SUBMITTING AN ENTRY AND/OR ANY BONECOIN MATERIALS, EACH ENTRANT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY RELEASES, AGREES THAT THE RELEASED PARTIES SHALL BEAR NO LIABILITY WHATSOEVER FOR, AND AGREES TO HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, LIABILITIES, COSTS, DAMAGES, OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY AND ALL DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES) THAT THE ENTRANT EVER HAD, NOW HAS, OR MIGHT IN THE FUTURE HAVE ARISING OUT OF OR RELATING TO THE PROMOTION, PARTICIPATION IN THE PROMOTION, THE ACQUIRING, PREPARING, RETAINING OR COLLECTION OF BONES FOR INCLUSION IN SCANS OR DRAWINGS, THE USE OF THE WEBSITE OR ANY OTHER WEBSITE OR PLATFORM, OR THE PRIZE, OR THE ACCEPTANCE, RECEIPT, TRANSFER, OR USE OF ANY PRIZE OR ANY COMPONENT THEREOF AND/OR ANY USE OF AN ENTRANT’S PERSONALITY RIGHTS, INCLUDING WITHOUT LIMITATION ANY AND ALL CLAIMS, CAUSES OF ACTION, LIABILITIES, COSTS, DAMAGES, AND/OR EXPENSES OF ANY KIND (A) ARISING OUT OF OR 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, COPYRIGHT INFRINGEMENT, MISAPPROPRIATION, DEFAMATION OR VIOLATION OF ANY OTHER PERSONAL OR PROPRIETARY RIGHT, (C) ARISING OUT OF OR RELATING TO THE USE OF BONECOIN MATERIALS, (D) ARISING OUT OF OR RELATING TO PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITIES, OR (E) ARISING OUT OF OR RELATING TO ANY USE, COLLECTION, STORAGE, DISCLOSURE OR PROCESSING OF ANY PERSONAL INFORMATION OR BASED UPON ANY ALLEGATION OF A VIOLATION OF ANY LAW, RULE OR REGULATION RELATING TO PERSONAL INFORMATION OR DATA SECURITY. EACH ENTRANT AGREES NOT TO ASSERT ANY SUCH CLAIM OR CAUSE OF ACTION AGAINST ANY OF THE RELEASED PARTIES.
WITHOUT LIMITING THE FOREGOING, NONE OF THE RELEASED PARTIES MAKES ANY REPRESENTATION OR OFFERS ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE QUALITY OR FITNESS OF ANY PRIZE AWARDED IN CONNECTION WITH THE PROMOTION. EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE WEBSITE, THE APP, 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 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. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH CONFIRMED WINNER UNDERSTANDS AND ACKNOWLEDGES THAT HE OR SHE MAY NOT SEEK REIMBURSEMENT OR PURSUE ANY LEGAL OR EQUITABLE REMEDY FROM EITHER THE SPONSOR OR ANY OF THE OTHER RELEASED PARTIES SHOULD HIS/HER PRIZE FAIL TO BE FIT FOR ITS PURPOSE OR IS IN ANY WAY UNSATISFACTORY. FOR GREATER CERTAINTY AND THE AVOIDANCE OF ANY DOUBT, BY ACCEPTING A PRIZE, A CONFIRMED WINNER AGREES TO WAIVE ALL RECOURSE AGAINST THE SPONSOR AND ALL OF THE OTHER RELEASED PARTIES IF THE PRIZE OR A COMPONENT THEREOF DOES NOT PROVE SATISFACTORY, EITHER IN WHOLE OR IN PART.
The Released Parties are not responsible for, and will have not have any liability in connection with, (v) any typographical, printing, production, distribution or other error in the administration of the Promotion or in the announcement of the winner or Prize, (w) late, lost, delayed, illegible, damaged, corrupted or incomplete entries, Scans, or Drawings, incorrect or inaccurate capture of, damage to, or loss of Scans, Drawings, entries or entry information, miscounting or inability to accurately count Bones in a Scan or Drawing, or any other human, mechanical or technical error of any kind relating to the operation of the Website, any other website or platform, or the Promotion, communications or attempted communications with any entrant, the submission, collection, storage or processing of entries or the administration of the Promotion, or the failure of any non-compliant Bonecoin Materials (including without limitation, non-compliant Bones or Drawings or Scans) to be identified, disqualified and/or reviewed by the Reviewer for any reason; (x) any “act of god” or other event outside of Sponsor’s or Sponsor’s control (including COVID-19 or any consequence thereof) that may cause any postponement or cancellation of any Prize-related activity or interfere with, delay or prevent the provision of any Prize, (y) undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user's Internet service provider and/or e-mail client or for insufficient space in user's e-mail account to receive e-mail, or any other failure of information to be received, captured or recorded for any reason whatsoever or (z) any damage to any device or computer system resulting from participation in or accessing or downloading information in connection with the Promotion.
8. GENERAL RULES: Sponsor has the right, in Sponsor’s sole and absolute discretion, without prior notice or obligation, to modify these Official Rules (including without limitation by adjusting any of the dates and/or timeframes stipulated in these Official Rules) and to cancel, modify or suspend the Promotion at any time in its sole and absolute discretion, including without limitation in the event of any accident, printing, administrative, or other error of any kind, or for purposes of verifying compliance with these Rules, or if a virus, bug, technical problem, entrant fraud or misconduct or other cause beyond the control of Sponsor (including COVID-19 or any consequence thereof) corrupts the administration, integrity, security or proper operation of the Promotion or if for any other reason Sponsor is not able to conduct the Promotion as planned (including, without limitation, in the event the Promotion is interfered with by any fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or of public enemy, communications failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, federal, state or local law, order or regulation or court order, or due to COVID-19 or any consequence thereof, all as determined by the Sponsor in its sole and absolute discretion). In the event of termination of the Promotion, a notice will be posted via the Website and/or one or more of Sponsor’s Social Accounts and a Prize winner will be selected by Sponsor from among all eligible entries received prior to the time of termination. Sponsor has the right, in its sole and absolute discretion, to disqualify or prohibit from participating in the Promotion any individual who, in Sponsor’s sole and absolute discretion, Sponsor determines or believes (i) has tampered with the entry process or has undermined the legitimate operation of the Website or the Promotion by cheating, hacking, deception or other unfair practices, (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other Eligible Entrant or any representative of Sponsor or (iii) has attempted or intends to attempt any of the foregoing. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR HAS THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY PERSON INVOLVED TO THE FULLEST EXTENT PERMITTED BY LAW. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE SPONSOR’S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME. The use of agents or automated devices, programs or methods to submit entries is prohibited and Sponsor has the right, in its sole and absolute discretion, to disqualify any entry that it believes may have been submitted using such an agent or automated device, program or method. In the event of a dispute regarding who submitted an entry, the entry will be deemed to have been submitted by the registered user of the e-mail address used to create the Website Account, to submit the Drawing, to download the App, or to create the Social Account (as applicable).
All federal, state and local laws and regulations apply. All entries (including the Bonecoin Materials) become the property of Sponsor and will not be verified or returned. By participating in this Promotion, each entrant agrees to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor. In no event will more than one Prize be awarded.
9. DISPUTES: Each entrant agrees, to the maximum extent permitted by applicable law, that (a) any and all disputes, claims and causes of action arising out of or relating to the Promotion or any prize awarded (including, without limitation, the provision, acceptance and/or use of any Prize or Prize component) will be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorneys’ fees; (c) under no circumstances will any entrant be permitted to obtain any award for, and each entrant hereby waives all rights to claim, indirect, punitive, special, incidental or consequential damages or any other damages (other than for actual out-of-pocket expenses), and hereby waives any and all rights to have damages multiplied or otherwise increased , and (d) in no event will the entrant have the right to enjoin or otherwise interfere with the exercise by the Sponsor, Released Parties, and/or Licensees of any of the rights granted in these Official Rules or terminate or rescind any of the rights granted in these Official Rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the respective rights and obligations of the entrants and Sponsor in connection with the Promotion, or otherwise relating to the Promotion or any prize awarded, shall be governed by, and construed in accordance with, the laws of the State of Maryland without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of Maryland. Any legal proceedings arising out of this Promotion or any prize awarded or relating to these Official Rules shall be instituted only in the federal or state courts located in the state of Maryland, and each entrant consents to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to any of the foregoing. In the event of any conflict between these Official Rules and any Promotion information provided elsewhere (including but not limited in advertising or marketing materials), these Official Rules shall prevail.
10. USE OF INFORMATION: By participating in the Promotion, each entrant agrees that information submitted in connection with the Promotion will be subject to Sponsor’s Privacy Policy posted on its website (the “Privacy Policy”) and may be used as permitted pursuant to the Privacy Policy, and may also be used as determined by Sponsor in connection with the administration of the Promotion (including winner notification and provision of the winner’s names when requested). You understand that you are providing such information to Sponsor and not to Facebook, Twitter, or Instagram.
11. WINNER’S NAME: For the name of the winner, send a self-addressed, stamped envelope to Frank’s RedHot eNFT Promotion, 24 Schilling Road, Suite 1, Hunt Valley, MD 20131 for receipt within ninety (90) days of the end of the Entry Period.
12. FACEBOOK, TWITTER, AND INSTAGRAM NOT INVOLVED: Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter or Instagram (each, a “Social Platform”), or any professional sports league, its teams or current member players. Each Social Platform is hereby completely released of all liability by each entrant in this Promotion. Any questions, comments or complaints regarding the Promotion must be directed to the Sponsor and not to a Social Platform.
13. SPONSOR: McCormick & Company, Incorporated, 24 Schilling Road, Suite 1, Hunt Valley, MD 20131.
© 2022 McCormick& Company. All trademarks used herein are the property of their respective owners in the United States and abroad. All rights reserved.
