America’s Best Backyard Giveaway from
America’s Best Chew
Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void in the District of Columbia, MA, MI, VA and where prohibited by law. Subject to all federal, state and local laws.
1. Promotion Timing: America’s Best Backyard Giveaway (the "Promotion") begins at 12:00 PM Eastern Time (“ET”) on June 3, 2024 and ends at 11:59 PM ET on July 14, 2024 (the "Promotion Period"). The Promotion consists of a Contest for the Contest Prizes and a Sweepstakes for Sweepstakes Prizes, as described throughout these Official Rules.
2. Eligibility: The Promotion is open only to legal residents of the 50 United States (excluding residents of the District of Columbia, Massachusetts, Michigan and Virginia) who are nicotine/tobacco consumers and are 21 years of age or older as of date of entry (“Entrant”). Employees of Swedish Match North America LLC (“Sponsor”), Don Jagoda Associates, Inc. (“Administrator”) and its affiliates, parents or subsidiaries, respective parent, subsidiary, and affiliate companies and advertising and promotion agencies, persons engaged in the development of Promotion materials or events, and members of their immediate families (spouses, parents, children, and siblings and their spouses) living in the same household of each are not eligible. Groups, clubs, organizations, commercial entities and businesses cannot participate. Void in DC, MA, MI, VA and where prohibited by law and subject to all federal, state and local laws. Participation constitutes Entrant's full and unconditional agreement to these Official Rules and to Sponsor's and/or Administrator's decisions, which are final and binding in all matters related to the Promotion. Winning a Prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of the winners.
3. How to Enter: During the Promotion Period, Entrants can participate in the Promotion by visiting AmericasBestChew.com (“Website”) and logging into their America’s Best Chew account. If you do not have an America’s Best Chew account, you must first visit the Website and complete all required registration information in order to proceed. After logging into your America’s Best Chew account, click where indicated to access the Promotion. To earn one entry in the Contest, when prompted, upload a photo of your backyard or favorite spot in your backyard along with a short description (up to 150 words or less) describing “why you feel your backyard is the best, for an opportunity to win an XL pellet grill that makes it an even better place to relax, make memories and remember the good times” (“Contest Entry”). Limit one (1) Contest Entry per person/America’s Best Chew account throughout the entire Promotion Period. Contest Entries must be received by 11:59 PM ET on July 14, 2024. To enter the Sweepstakes, when prompted, answer a multiple-choice question to earn one (1) entry into the Weekly Sweepstakes drawing (“Sweepstakes Entry” or “Sweepstakes Entries”). Limit one (1) Sweepstakes Entry per person/America’s Best Chew account per week. Sweepstakes Entries must be received by the Weekly Entry Period Dates indicated in the Sweepstakes Entry Chart below in order to be included in that week’s Weekly Sweepstakes drawing and any subsequent weeks’ drawing(s).
4. Random Drawings, Sweepstakes Prizes and Approximate Retail Values (“ARVs”): Five (5) Sweepstakes winners per Weekly Entry Period will be randomly selected on or about the Random Drawing Dates indicated in the Sweepstakes Entry chart below, from among all eligible Entries received during each Weekly Entry Period. Odds of winning depend upon the number of eligible Sweepstakes Entries received for each Weekly Entry Period. Drawings will be conducted by Administrator, an independent judging organization, whose decisions are final and binding on all matters relating to this Sweepstakes. Limit one (1) Weekly Prize per person/America’s Best Chew account. In the event that an insufficient number of eligible Entries are received to award all available Prizes for any Weekly drawing, Sponsor is not obligated to award any Sweepstakes Prizes remaining for that drawing.
Sweepstakes Entry Chart:
5. Sweepstakes Winner Notification and Winner Verification: Sweepstakes winners will be notified via email that they are a confirmed winner and Prize will be sent to the mailing address associated with winner’s America’s Best Chew account. In the event an attempt is made to contact a winner, he/she/they may be required to verify their mailing addresses via email in order to receive their Prize. If the winner’s email notification is returned as undeliverable, the Entrant shall be deemed to be ineligible and the Prize will be forfeited and an alternate winner will be selected. Return of any Prize or Prize notification as undeliverable may result in disqualification and alternate selection.
6. Contest Prizes and ARV: Two (2) Contest Prize Winners will receive a Traeger Timberline XL Pallet Grill (ARV: $3,799). Limit one (1) Contest Prize per person/America’s Best Chew account. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. All federal, state, and local taxes as well as all costs and expenses associated with Prize acceptance and use not specific herein as being provided are each winner’s responsibility. A 1099 tax statement will be filed with the IRS for the winners for the actual total value of the Prizes. The 1099s will be processed for the following tax year in which the Prizes were awarded. All Prize details are at Sponsor’s sole discretion.
7. Contest Entry Guidelines:
· Contest Entry must not be inappropriate, unsuitable or inconsistent with the theme of the Promotion;
· Contest Entry must not mention children or minors;
· Contest Entry must not promote alcohol, illegal drugs, firearms/weapons (or the use of any of the foregoing);
· Contest Entry must not promote any activities that may appear unsafe or dangerous;
· Contest Entry must not promote any particular political agenda or message;
· Contest Entry must not (and Entrants represent and warrant that it will not), violate or infringe any third-party copyright, trademark, trade dress, or other proprietary right of any entity or person (living or deceased), including but not limited to rights of privacy, publicity or portrayal in a false light;
· Contest Entry must not make reference to any commercial/corporate advertising, including but not limited to corporate logos, brand names (other than Sponsor’s), slogans, political, or religious statements, or be otherwise objectionable;
· Contest Entry must not include any representation of celebrities, athletes, musicians, or any other public or private figure living or dead, or include any anti-social, political or religious groups, any commercial solicitation or promotional materials or address, phone number, or URL address;
· Contest Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
· Contest Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor, the Promotion Entities (defined below), or their respective products and services, or other people, products or companies;
· Contest Entry must not violate any law.
All Contest Entries must be in English and must comply with these Official Rules and the registration instructions, as determined in Sponsor’s sole discretion, to be eligible. The Contest Entry may not contain obscene, profane, lewd, defamatory or inappropriate content; and may not include
references to nudity, acts of violence or abuse, acts that appear to cause injury or harm, or acts that are illegal or dangerous, or any graphic content as determined in Sponsor’s sole discretion. Contest Entries must also not contain any of the following: hateful, abusive or sensitive content; inclusion of restricted and/or illegal products/services; adult sexual content; profanity and offensive language; political statements that instigate hate speech; or controversial religious statements/affiliations. Contest Entries may not contain any third-party materials other than those related to Sponsor, and may not contain any materials that violate or infringe (or may be at risk of infringing) any third-party rights, including without limitation copyright, trademark rights, privacy rights (including portrayal in a false light), publicity rights, or other intellectual property rights. Contest Entries become the property of the Sponsor and will not be acknowledged or returned. Sponsor has the sole discretion to determine whether a Contest Entry qualifies as a Contest Entry. Any Contest Entry not in compliance with the above and which does not meet the requirements of these Official Rules will be disqualified. By entering, you agree to waive any rights you may have to the Contest Entry submitted. By entering the Contest, you understand that your Contest Entry in its entirety or portion thereof may (in Sponsor’s sole discretion) be posted on websites, Social Media sites and/or other Sponsor-selected media.
8. Judging and Determination of the Contest Winners: All eligible Contest Entries will be judged by a panel of Sponsor representatives, based on the following criteria: Relevance to Theme (40%); Uniqueness (30%); Sincerity/Authenticity (20%); and Storytelling Ability (10%). The 2 Contest Entries that receive the highest scores from the judges will be deemed the potential Contest Prize winners, subject to verification. In the event of a tie, tied Contest Entries will be re-judged based 100-percent (100%) on Relevance to Theme. Decisions of the Sponsor and judges are final with respect to all matters relating to the Contest. By participating, Entrants agree to the decisions of the Judges, which shall be final and binding in all respects. Under no circumstance will information regarding judging be shared with Entrants.
9. Contest Winner Notification: The potential Contest winners will be notified by phone/email. The potential Contest winners must then sign and return via DocuSign, a Declaration of Compliance, Liability & Publicity Release (where legal) and assignment of rights (collectively, “Declaration”). The Declaration must be completed, signed and returned via DocuSign within seventy-two (72) hours after delivery of the Declaration to the potential winners. The “Released Parties” (as defined below) shall have no liability for any winner’s notification that is lost, intercepted or not received by the potential winners for any reason. If, despite reasonable efforts, potential winner does not respond within the time period specified in the Prize notification, or if the Prize or Prize notification is returned as unclaimed or undeliverable to such potential winner, or if Declaration is returned undeliverable, or in the event that a potential winner is ineligible for any reason or has not complied with these Official Rules such potential winner will forfeit his or her Prize and an alternate winner may be determined, time permitting. Sponsor reserves the right to conduct a background check on the potential winners prior to awarding Prize. Sponsor reserves the right in its sole discretion to disqualify any Entrant based on the results of such background check, if Sponsor determines in its sole discretion that awarding the Prize to such entrant might reflect negatively on Sponsor. An Entrant is not a winner of the Contest Prize unless and until Entrant's eligibility has been verified and Entrant has been notified that verification is complete.
10. Release and Limitations of Liability: All Entrants, as a condition of entry into the Promotion, agree to release and hold harmless Sponsor and Related Parties, each of their respective agencies, parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, members, employees, agents, assigns, and all others associated with the development and execution of the Promotion (collectively the “Released Parties”) from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with submitting an Entry or otherwise participating in any aspect of the Promotion, the receipt, ownership or use or misuse of any Prize awarded or any typographical or other error in these Official Rules or the announcement or offering of the Prizes. By Entering, Entrants agree that the opinion submitted is the opinion of the Entrant only and the Sponsor and Released Parties do not endorse such opinion. Winners assume all liability for any injury or damage caused, or claimed to be caused by participation in the Promotion or use or misuse or redemption of Prize. Acceptance of Prize constitutes permission to use winners’ names, and likeness and Entries for promotional purposes (including any possible public relations opportunities) without further compensation except where prohibited by law. By entering, Entrants accept and agrees to be bound by these Official Rules. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Promotion; violates these Official Rules; acts in an unsportsmanlike or disruptive manner; or acts with intent to annoy, abuse, threaten or harass any other person. The Released Parties are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in the Promotion which may limit the ability to participate, or by any human error which may occur in the processing of the Entries in the Promotion. Entries generated by script or bot are not eligible. Sponsor reserves the right to cancel, terminate or modify the Promotion (each a “Promotions Change”) if no Entries are received during the Promotion Period or if the Promotion cannot be completed as planned for any reason, including but not limited to an unforeseen event (“Unforeseen Event”) beyond its control, including but not limited to fire, flood, earthquake, windstorm, epidemic, pandemic (including COVID-19), public health crisis, disease, virus, sickness or outbreak or other similar or dissimilar natural disaster; act of God or public enemy; riot or civil disturbance, act of any government or governmental authority, power failure, satellite or equipment failure, failure of telecommunications lines or failure or breakdown of plant, machinery or vehicles operated by a third party; labor dispute, strike, or lockout; actual or threat of war, armed conflict, terrorist attacks, war (declared, undeclared or threatened), explosion, nuclear, or chemical or biological contamination; or a government imposed travel ban, restriction on movement or gatherings, or other government imposed mandate of any kind, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control. In such event, Sponsor may (a) cancel the Promotion entirely, (b) conduct the random drawings to select the Sweepstakes Prize winners from all eligible Entries received for each Weekly Entry Period prior to the Unforeseen Event resulting in the Promotion Change if sufficient eligible Entries have been received (as determined in Sponsor’s sole discretion) and award the Contest Prizes based on the judging criteria, (c) award a substitute Prize of comparable value, or (d) extend the Promotion Period to allow time for more eligible Entries to be received. It is understood that an Unforeseen Event must take place for the Promotions Change to be effectuated by Sponsor and that such Promotions Change is not simply at Sponsor’s option for any reason. WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE 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.
11. General Rules: The Sponsor and its agencies are not responsible for technical, hardware or software malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in this Promotion or by any human error which may occur in the processing of the Entries in this Promotion or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Promotion. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the operation of the Promotion or the Website; violates these Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. If, for any reason, the Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, then the Sponsor reserves the right at its sole discretion to cancel the Promotion and only allow Entries from all eligible Entrants who submitted their Entries prior to cancellation. Except for willful misconduct or gross negligence on the part of Sponsor, by participating in the Promotion, Entrants release Released Parties from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Promotion or the use of any Prizes. Entrants agree to indemnify, defend and hold Released Parties harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to any breach by Entrants of any of these Official Rules or any violation by Entrants of applicable law.
12. Disputes: To the fullest extent permitted by law, Entrant agrees that: (1) any and all disputes, claims and causes of action brought by him/her arising out of or connected with this Promotion or any specific Prize shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Commonwealth of Kentucky or an appropriate Kentucky Commonwealth Court if federal court is not a proper or available venue; (2) any and all claims, judgments and awards to Entrant shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Promotion, 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 Promotion shall be governed by, and construed in accordance with, the laws of the Commonwealth of Kentucky, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Kentucky or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Kentucky.
13. Privacy: The information collected on the Website will be subject to and used in accordance with the Privacy Policy available at the Website by clicking on the Privacy Policy link.
14. Winners List: For a list of winners that have received a prize, available in August, 2024, visit AmericasBestChew.com.
NO PURCHASE NECESSARY. Void where prohibited. Open to legal residents of the 50 United States (excluding residents of the District of Columbia, Massachusetts, Michigan and Virginia), who are tobacco consumers, 21 & older. Begins 12:00 PM ET on June 3, 2024 and ends 5:00 PM ET on July 14, 2024. For details, see Official Rules. Sponsor: Swedish Match North America LLC.