Johnsonville SEC Tailgater of the Season

Official Rules – August 2023

NO PURCHASE NECESSARY TO ENTER. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

The Johnsonville SEC Tailgater of the Season (“Contest”) is sponsored by Johnsonville, LLC (“Sponsor”), N6928 Johnsonville Way, Sheboygan Falls, WI 53085.

1. Contest Period: The Contest Period begins on September 1, 2023 at approximately 8:00 a.m. Eastern Time (“ET”) ends on October 31, 2023 at 11:59 p.m. ET (the “Contest Period”) and consists of photo and/or video submissions that also include the required hashtag. Servers of Instagram and Tik Tok are the official time-keeping devices for the Contest.
2. Eligibility: The Johnsonville SEC Tailgater of the Season (the “Contest”) is open only to legal residents of the 48 contiguous United States (but excluding CO, CT, MD and where prohibited) and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of Johnsonville, LLC and Southeastern Conference and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited or restricted by law.
3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules. Sponsor’s decisions are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements, including for purposes of the Finalist selections, consent to a confidential background check to confirm each potential winner’s eligibility and compliance with these Official Rules. Due to the nature of the Finalist and Grand Prize offered, if a background check reveals that a potential finalist or winner has engaged in conduct that could damage the reputation of or reflect unfavorably on Sponsor or any of the Released Parties, as determined by Sponsor in its discretion, the potential winner may be disqualified.
4. How to Enter:
   
   1. Participation Requirements: To participate, you will need to have an Instagram and/or Tik Tok account (each a “Social Account”). Creating each Social Account is free, but is subject to the applicable terms and conditions of each Social Account: http://instagram.com/about/legal/terms/# or https://www.tiktok.com/legal/terms-of-service Posting on Instagram or Tik Tok may require a mobile device and therefore message and data rates may apply. If entering via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply.

      Entrants may create an Instagram, or Tik Tok account at no cost by logging on to http://instagram.com or https://www.tiktok.com/. Creation of an Instagram or Tik Tok account requires a contestant to agree to the platform’s Terms of Service and Privacy Policy. Due to the way Instagram and Tik Tok operate their services, entries from users with protected or private accounts (i.e., entrant has set his/her account so that only people the entrant has approved can view his or her updates) may not be received. If an entrant enters from his/her wireless phone, the entrant’s wireless service provider may charge the entrant. Entrants should consult their wireless-service providers regarding their pricing plans. Message and data rates may apply. This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram or Tik Tok.

   2. Share a Photo or Video on Instagram or Tik Tok: During the Contest Period, follow the instructions below to officially enter the Contest.
      • Limit: There is a limit of one (1) entry per person, regardless of the Social Channel used for entry during the Contest Period. If more than one (1) entry is received from the same person and/or Instagram or Tik Tok account, only the first entry received may be considered valid.

      For Instagram or Tik Tok:

      1. Post your photo or video (30-seconds max) detailing why you or someone you know deserves recognition as Johnsonville’s SEC Tailgater of the Season;
      2. Display or mention of your SEC fandom (school or conference);
      3. Include the #JohnsonvilleSECTailgater hashtag;
      4. Tag @Johnsonville in the original caption of your Instagram or Tik Tok post.
      5. Your account settings must remain public during the Contest Period and until all prizes are awarded; and you must not change your Instagram or Tik Tok handle during the Contest Period and until all prizes are awarded.

      NOTE: Instagram stories, posts or reels and Tik Tok posts where the hashtag is included in a comment rather than the caption of the Sponsor’s or Contest Entrant’s original post, will not be deemed an entry.

      The content included in the entrant’s original photo or video will be judged or used to determine 14 contest winners.
      Entries will be deemed made by the authorized account holder of the Instagram or Tik Tok account when the entry is submitted from at the time of entry. The “authorized account holder” is the person who is assigned to the Instagram or Tik Tok account by the online service provider.

   3. Entry Requirements:
      • Entry must be your original work;
      • Entry must be in English;
      • Entry must not convey any claims of Sponsor’s products or services that would be deemed unsubstantiated or deceptive if made by Sponsor;
      • Entry must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement. However, Entry may include brand names or trademarks owned by Sponsor.
      • Entry must not contain any music;
      • Entry must not disparage Sponsor, or any other person or party;
      • Entry must not promote or reference illegal drugs, tobacco, or firearms/weapons, any activities that are or appear to be dangerous, or any political agenda;
      • Entry must not contain material that is inappropriate, offensive, indecent, obscene, sexually explicit, tortious, defamatory, slanderous or libelous;
      • Entry 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; and
      • Entry must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any state where Submission is created.
      • Entry must not include any personally identifiable information (full name, e-mail address, telephone number, etc.);
      • Entry must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way;
      • Entry must not contain, facilitate, reference or use material that contains prohibited content which shall include, but is not limited to, content that promotes, suggests, or encourages: gambling, including without limitation, any content related to online casinos, sports books, bingo or poker; the use of prostitution, pornography, nudity, profanity or other adult content, or violence; the taking up of arms against any person, government or entity or otherwise challenge or seek to overthrow any government;

   If any entry fails to comply with any of these Entry Requirements or any other provisions of these Official Rules, at the Sponsor’s sole discretion, Sponsor reserves the right to disqualify the entrant. By participating in the Contest, entrant understands that he or she is providing his or her information to Sponsor and not Instagram, Inc. (“Instagram”) or Tik Tok, Inc (“Tik Tok”). Further, entrant specifically agrees to release Instagram and Tik Tok from any and all liability associated with this Contest. This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram or Tik Tok or any of its affiliates.

   By participation – each entrant, and, by accepting a prize, the finalists and winners – covenants, warrants and represents that such entrant’s Entry is the original work of the entrant, has not been previously published, has not won previous awards, and does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If an Entry contains any material or elements that are not owned by the entrant, Johnsonville or SEC, or which are subject to the rights of third parties, the entrant is disqualified. Sponsor reserves the right to request proof of these releases and consents in a form acceptable to Sponsor from any entrant at any time. Failure to provide such requested proof may, in Sponsor’s sole discretion, render the Entry null and void. By submitting an Entry, entrant covenants, warrants and represents that entrant and any persons identifiable in the Entry consent to the submission and use of the Entry in the Contest and to its use, exploitation and exhibition and any other action of Sponsor with respect to the Entry as set forth herein.

   By submitting an Entry, each entrant acknowledges and agrees that (a) Sponsor may obtain many Entries in connection with the Contest or other contests staged or promoted by Sponsor, (b) such Entries may be similar or identical in theme, idea, format or other respects to other Entries submitted in connection with the Contest or entries for other contests sponsored by Sponsor or submitted for other reasons or other materials developed by or on behalf of Sponsor and (c) entrant waives any and all claims entrant may have had, may have, or may have in the future that any Entry or other works accepted, reviewed or used by Sponsor may be similar to entrant’s Entry, or that any compensation is due to entrant in connection with such Entry or other works used by Sponsor.

5. Permissions: Entrant must have permission from any recognizable individual/s who appear in the entry to use their names and likenesses in the Submission and to grant the rights set forth herein. Minors may only be included in the Entry if entrant is their parent or legal guardian. If requested, entrant must be able to provide such permissions or proof in a form acceptable to Sponsor.By posting the applicable Entry on Instagram, Tik Tok or X you agree that it conforms to the above requirements and that Sponsor, in its sole discretion, may disqualify you if it believes that it fails to conform. Where your Entry meets all requirements, it will be considered for the applicable Grand Prize (14).
6. Sponsor’s Use of Entrant’s Submissions: Posting a contest entry on any Social Channel constitutes Entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such content in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, Entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the content.By submitting an Entry, each Entrant hereby grants permission, and covenants, represents, and warrants that such Entrant has all releases and consents necessary to grant such permission, for the Entry to be posted on Sponsor’s and/or SEC Nation’s social and digital properties or other websites. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Entries by third parties. Released Parties do not guarantee the posting of any Entry and may remove a posted Entry at any time.
7. Winner Selection: All Entries will be judged by a panel of qualified judges based on the following criteria: quality (30%), originality (30%), depiction of SEC school spirit (20%), and visual representation (20%). The fourteen (14) winning entries with the highest scores will be notified by Sponsor via private message on the Social Channel that the Entrant posted his/her entry on, subject to verification and compliance with these Official Rules.
   1. WINNER NOTIFICATION: The fourteen (14) winning entries with the highest scores will be notified by Sponsor via private message on the Social Channel that the Entrant posted his/her entry on, subject to verification and compliance with these Official Rules. The Winners will be required to respond with acceptance of the prize within two (2) days of date appearing on Sponsor’s outreach notification. Return of notification as undeliverable, failure to respond within the specified time period, or the inability of Sponsor to contact the potential Winner within two (2) days of notification or noncompliance with these Official Rules by potential Winner will result in disqualification and, at Sponsor’s sole discretion, a runner-up may be selected as a Tailgater of the Season winner.
8. Prizes:
   • Fourteen (14) Winner Prize Packages: A prize package consisting of the following elements will be awarded to each Winner: (i) Johnsonville Sausage for one (1) year (via 12 coupons for 2023/2024 use, each redeemable for a Johnsonville Sausage product up to $6.99 in value). (ii) one (1) year’s supply of Bush’s Beans (12 cans of Bush’s Baked Beans); (iii) a Pit Boss Navigator 850 Wood Pellet Grill; (iv) Official SEC branded American Cornhole League regulation size boards; and (v) a new Johnsonville and SEC branded tailgate set up package. Approximate retail value (ARV) of each Winner prize package: $2,500.

   ARV of all prizes is $35,000. Sponsor reserves the right to substitute a prize of equal or greater value. Winners are solely responsible for payment of all federal, state and local taxes on the prize value awarded and for all costs and expenses not specified herein and other expenses incurred by accepting the merchandise prize is the sole responsibility of the prize winner.

   Odds of winning a prize depend on the number of eligible entries received and the skill of the respective participants.

9. Released Parties: By receipt of any prize, each winner agrees to release and hold harmless the Sponsor, Southeastern Conference, Instagram, Inc., Tik Tok, Inc., and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize, including any related travel.
10. Publicity: Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photo, including winner’s Instagram/Tik Tok profile photo, prize footage, contest submissions, and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
11. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest if any fraud, technical failures, human error, any other factor impairs the integrity or proper functioning of the Contest, or any event or cause beyond Sponsor’s control (e.g. events such as national pandemic or widespread illnesses, natural calamities, national emergencies, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Contest, including but not limited to fulfillment of the prize(s), as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the winner(s) from among all non-suspect, eligible Entries received up to time of such action using the judging procedure outlined above. Sponsor may also modify the prizes offered. In addition, Sponsor reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated entries. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) 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.
12. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Contest submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of contest entries, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail or direct messages; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any Submission.
13. Disputes: Except where prohibited, each 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 the United States District Court for the Eastern District of Wisconsin or the appropriate Wisconsin State Court located in Sheboygan County, Wisconsin; (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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Wisconsin without giving effect to any choice of law or conflict of law rules (whether of the State of Wisconsin or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Wisconsin.
14. Entrant’s Personal Information: Information collected from entrant is subject to Sponsor’s Privacy Policy https://www.johnsonville.com/policies/our-privacy-policy.html.
15. Winner List For a list of winners, visit www.johnsonville.com/tongsman. The winner list will be posted after winner confirmation is complete.

© 2023 Johnsonville, LLC. All rights reserved.

This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram, Inc./Facebook, Inc./ Tik Tok, Inc.