Copyright 2021 Black Canyon Angus Beef
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. YOU DO NOT NEED TO USE BLACK CANYON PRODUCTS FOR YOUR ENTRY. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
HOLIDAY THE BLACK CANYON WAY SWEEPSTAKES
Sponsored by National Beef Packing Company, LLC (herein “Sponsor”)
OPEN ONLY TO INDIVIDUALS WHO ARE LEGAL RESIDENTS OF, AND CURRENTLY RESIDING WITHIN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (“D.C.”) WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND THE AGE OF MAJORITY IN THEIR STATE OF PRIMARY RESIDENCE (19 IN ALABAMA AND NEBRASKA AND 21 IN MISSISSIPPI) AS OF THE TIME OF ENTRY. VOID OUTSIDE OF THE UNITED STATES/D.C. AND WHEREVER PROHIBITED BY LAW. THIS SWEEPSTAKE IS GOVERNED BY UNITED STATES LAW. DO NOT ENTER IF YOU ARE NOT LOCATED IN ONE OF THE ELIGIBLE UNITED STATES OR D.C. AT TIME OF ENTRY.
1. Sweepstakes Period: The Holiday the Black Canyon Way Sweepstakes (“Sweepstakes”) begins on November 15, 2021, at 12:00:00 a.m. Central Time (“CT”) and ends on December 31, 2021, at 11:59:59 p.m. CT (“Sweepstakes Period”), but each of the seven (7) individual Sweepstakes conducted during the Sweepstakes Period has its own entry period (each a “Sweepstakes Entry Period”) as detailed in Rule 4, below. Sponsor is the official time-keeping device for the Sweepstakes. The Sweepstakes is provided by the Sponsor and is in no way sponsored, endorsed, promoted, or administered by, or associated with Facebook, Inc. or Instagram, Inc. Any questions, comments or complaints regarding this Sweepstakes should be directed to Sponsor and not to Facebook or Instagram.
2. Eligibility: The Sweepstakes is open only to legal residents of the 50 United States and D.C. who are at least eighteen (18) years of age and the age of majority in their state of primary residence (19 in Alabama and Nebraska and 21 in Mississippi) as of the time of entry. Employees, officers and directors of Sponsor, Queue Brand Communications, Inc., AR Marketing (“Administrator”), their respective parent companies, affiliates, subsidiaries, distributors, suppliers and advertising and promotion agencies associated with the Sweepstakes, and members of the immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in the Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Sweepstakes is void outside of the 50 United States/D.C. and wherever prohibited by law. The Sweepstakes is subject to United States law.
3. How to Enter: The following step applies to the three (3) methods of entry described below. Take a photo of your Black Canyon-inspired holiday meal creation (“Photo”). Note: You do not need to use Black Canyon products for your holiday meal creation. No person should be visible in the Photo; failure to comply may result in disqualification at the discretion of the Sponsor. Your Photo must comply with the “Entry Guidelines” below. After taking your Photo, you may enter the Sweepstakes in one (1) of the three (3) following ways. Your entry will be entered into drawing for the Sweepstakes Entry Period in which it was received:
To enter via Facebook: Log into your Facebook account during the Sweepstakes Period. Then, go to the Black Canyon Angus Beef Facebook page (facebook.com/blackcanyonangusbeef), look for the latest post that promotes this Sweepstakes, and post your Photo as a comment to the promotional post to receive one (1) entry for the applicable Sweepstakes Entry Period. If you do not have a Facebook account, you can sign up for free at www.facebook.com. Use of Facebook and any of their respective features are subject to their terms and conditions. Sponsor has no control over whether or not Facebook will grant you an account.
To enter via Instagram: Log into your Instagram account during the Sweepstakes Period and share your Photo on your public Instagram feed with the hashtag #BCHolidayContest to receive one (1) entry for the applicable Sweepstakes Entry Period. You must follow Black Canyon Angus Beef on Instagram and have a valid, public, Instagram account. If you do not already follow Black Canyon Angus Beef on Instagram, visit https://www.instagram.com/blackcanyonangusbeef and click on the “Follow” icon. A free Instagram account can be created by visiting http://Instagram.com and following the on-screen instructions to register. Sponsor has no control over whether or not Instagram will grant you an account.
To enter on the Sweepstakes website: Go to https://1.shortstack.com/ ZdXJsR.
(“Website”) and follow the onscreen instructions to register for the Sweepstakes and upload your Photo. Upon completion of the entry form and uploading your Photo, you will receive one (1) entry for the applicable Sweepstakes Entry Period.
ALL ENTRANTS MUST USE CAUTION AND COMMON SENSE IN CREATING THEIR ENTRIES. BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS ACKNOWLEDGE AND AGREE THAT NEITHER SPONSOR, QUEUE BRAND COMMUNICATIONS, INC., ADMINISTRATOR, FACEBOOK, INC., INSTAGRAM, INC., THEIR RESPECTIVE PARENT COMPANIES, DIVISIONS, AFFILIATES, SUBSIDIARIES, DISTRIBUTORS, SUPPLIERS, ADVERTISING AND PROMOTION AGENCIES, AND ALL OTHER SERVICE AGENCIES INVOLVED WITH THE DESIGN, EXECUTION, OR FULFILLMENT OF THIS SWEEPSTAKES, NOR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENCIES (COLLECTIVELY “RELEASED PARTIES”) WILL HAVE ANY LIABILITY WHATSOEVER FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO BODILY INJURY OR DEATH, CAUSED BY OR IN CONNECTION WITH PARTICIPATION IN THIS SWEEPSTAKES. ENTRIES POSTED WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF THE SPONSOR IN ANY MANNER.
Photo must conform to the following Photo Requirements to be eligible, as determined in Sponsor’s sole discretion:
Photo must be suitable for broadcast at Sponsor’s sole discretion. By submitting a Photo, entrant warrants and represents that such Photo is their original creation (a modification of an existing work does not qualify as original), that the Photo has not been previously submitted to or entered in any competition or won any awards, and that their Photo and its contents do not violate any law, regulation or any right of any third-party, including, without limitation, the publicity, intellectual property or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary right, except the intellectual property of Sponsor. If the Photo contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Photo, any and all releases and consents necessary to permit the use and exhibition of the Photo by Sponsor in the manner set forth in these Official Rules. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render the Photo null and void. By submitting a Photo, entrant represents that they consent to the submission and use of the Photo in the Sweepstakes and to its use as otherwise set forth herein. Except where prohibited by law, each entrant acknowledges and agrees that the Sponsor does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to entrant’s Photo. Winners will be disclosed in a winners list and Released Parties are not liable for any misuse of such winners list by third parties. Released Parties are not responsible for any unauthorized use of Entries by third parties. Released Parties do not guarantee the posting of any Photo. Entrants agree that they will not use the Photo for any other purpose, including, without limitation, posting the Photo to any online social networks except as provided herein, without the express consent of the Sponsor in each instance. Any Photo that does not comply with these requirements, in the opinion of the judges or the Sponsor, may be disqualified. Sponsor reserves the right to waive the Sweepstakes entry requirements set forth herein in its reasonable discretion.
4. Drawing Schedule/Odds of Winning: To be eligible for a Sweepstakes Drawing, an eligible Entry must be received during the corresponding Sweepstakes Entry Period (see table below). Non-winning entries will not be included in subsequent Sweepstakes Drawings. Sweepstakes Drawings will be conducted by the Administrator, an independent judging agency, whose decisions shall be final in all matters relating to each Sweepstakes. For each Sweepstakes Drawing, three (3) potential winners will be selected at random from among all eligible entries received for that Sweepstakes Entry Period. Odds of winning a Sweepstakes prize depend on the total number of eligible entries received for each Sweepstakes Entry Period. Limit one (1) prize per person/household per Sweepstakes Drawing. The Photos from the potential winners may be posted to Sponsor’s Facebook page (www.facebook.com/blackcanyonangusbeef) and/or Instagram page (https://www.instagram.com/blackcanyonangusbeef/) at Sponsor’s sole discretion. Potential winners are not actual winners until their eligibility has been verified, and it is determined to Sponsor’s satisfaction that they have complied with all terms and conditions of these Official Rules.
Sweepstakes Entry Periods and Deadlines
5. Prizes and Approximate Retail Value (“ARV”):
Three (3) winners will be randomly selected for each of the seven (7) Sweepstakes Entry Periods for a total of twenty-one (21) winners. Each winner will receive a $200 general use gift card. Gift cards are subject to the terms and conditions imposed by the issuer. Approximate retail value (“ARV”): $200 each. Total ARV of all prizes: $4,200. Unclaimed or forfeited prizes will not be awarded. All taxes resulting from acceptance of a prize are the sole responsibility of the winner. No substitution, transfer, or cash redemption of prize is permitted, except as expressly set forth herein by Sponsor, who reserves the right to substitute a prize (or portion thereof) of comparable or greater value (at its sole discretion) for any reason. Any expenses not specifically stated herein, including but not limited to state and local government surcharges, taxes (including federal, state, and local income taxes), other costs, and other expenses relating to a prize and the use or acceptance of a prize are the sole responsibility of the winner. All prize details are in Sponsor’s sole discretion. In no event shall Sponsor’s prize liability exceed the ARV of a prize for any reason.
6. Winner Notifications/Prize Awards/Publicity Consents: No entrant is deemed a winner until their eligibility has been verified and it is determined that they have complied with all terms of these Official Rules. As soon as reasonably practicable following each Sweepstakes drawing, potential winners will be notified by Sponsor or Sponsor’s agent via reply to potential winner’s Facebook post, Instagram’s direct messaging system, or via email, depending on how the potential winner entered the Sweepstakes (“Initial Notification”). Potential winner will then be required to respond to that Initial Notification with their complete name, address, phone number, email address, and date of birth within 72 hours from the date such Initial Notification was sent or prize will be forfeited and awarded to an alternate winner. All Entries become property of Sponsor and will not be acknowledged or returned. By accepting a prize, winners grant Sponsor and Sponsor’s agents, the right to use their names, likenesses, and Entries in advertising, publicity and promotion without further compensation or permission, except wherever prohibited by law. Sponsor is not responsible for technical difficulties with telecommunications systems beyond its control or for changes to a potential winner’s or entrant’s Instagram account, Facebook account, email or mailing address and/or telephone numbers. Potential winners may be required to demonstrate control of the Instagram or Facebook account associated with a winning Entry from social media Entries. Prizes will be awarded to winners within 4-6 weeks from the date it is confirmed that winners have complied with the above requirements. If any prize or prize-related communication is returned as undeliverable, prize will be forfeited. Unclaimed or undeliverable prizes may not be awarded. Failure by a potential winner to respond to the Instagram notification message, Facebook reply, phone call, or the email within the specified time-period, the return of a notification as undeliverable, noncompliance with these Official Rules, or Sponsor’s inability to contact a potential winner within a reasonable time-period, as determined by Sponsor in its sole discretion, may result in forfeiture of potential winning status, and an alternate winner may be selected. Sponsor will make up to three (3) attempts to award each prize, and, if after three (3) attempts a prize remains unclaimed, the prize may not be awarded in Sponsor’s discretion. In no event will more than twenty-one (21) prizes be awarded.
7. General: By participating, entrants agree to abide and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters. Entrants further agree to release, discharge, and hold harmless Released Parties from and against any liability, claims, losses, and damages of any kind, including death, to persons or property, arising out of, or relating to, their participation in this Sweepstakes and the acceptance, use, misuse, or possession of a prize (if applicable), including as set out in Rule 9, below. Entrants who Sponsor determines to have not complied with these Official Rules are subject to disqualification. Sponsor reserves the right, at its sole discretion, to disqualify any entrant from this Sweepstakes or any other promotion conducted now or in the future by Sponsor or any of its affiliates if Sponsor suspects or finds entrant to be: (a) violating the Official Rules; (b) tampering or attempting to tamper with the entry process, the operation of the Sweepstakes; (c) acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; or (d) attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants, Sponsor or Sponsor’s representatives. ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR MAY DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING LAWYERS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW, AND TO BAN OR DISQUALIFY AN ENTRANT FROM THIS AND FUTURE PROMOTIONS. All materials submitted become the property of Sponsor and will not be returned. By entering, entrants agree that: (a) all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participants’ rights and obligations, and the rights and obligations of the Sponsor in connection with the Sweepstakes, will be governed by, and construed in accordance with, the laws of the State of Missouri and the United States; and (b) all information and materials submitted, including without limitation the Entry, Photo, name and biographical information of entrant, may be used by Sponsor in perpetuity for Sweepstakes and marketing purposes.
8. Binding Arbitration: Subject to applicable laws, any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Missouri law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal (other than that such claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.
SUBJECT TO APPLICABLE LAWS, THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) TO THE EXTENT ALLOWED BY APPLICABLE LAW, ENTRANT WILL NOT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONETARY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW MANDATORY ARBITRATION, WAIVER OF CLASS ACTIONS, THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO RELEVANT PORTIONS OF THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
By entering, entrants agree that: (a) all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants’ rights and obligations, and the rights and obligations of the Sponsor in connection with the Sweepstakes, will be governed by, and construed in accordance with, the laws of the State of Missouri, without giving effect to any choice of law or conflict of law rules (whether of Missouri or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than Missouri; and (b) any matters or proceedings which are not subject to arbitration as set forth above in this Section 8 of these Official Rules, and/or are related to entering any judgment on an arbitration award, shall take place in the State of Missouri.
9. Limitation of Liability: Released Parties do not assume any responsibility for, and the entrant hereby releases and agrees to hold the Released Parties harmless from and against, any and all claims, actions, damages, demands and liabilities of whatever nature or kind arising out of, or in connection with, the entrant’s participation or attempted participation in the Sweepstakes, including, without limitation, the administration of the Sweepstakes, the selection and confirmation of the winners, and the arranging for, awarding of and use of the prizes or portion thereof. Without limiting the generality of the foregoing, the Released Parties are not responsible for (a) the incorrect or inaccurate capture of entry information for any reason; (b) late, lost, stolen, damaged, misdirected, garbled or incomplete Entries, transmissions or transactions, Entries that are altered or otherwise irregular, have been submitted through illicit means or do not conform with or satisfy any or all of the conditions of these Official Rules; (c) any loss, damage, or claims caused by, or in any way related to, an awarded prize or the Sweepstakes itself; (d) failure of any website associated with this Sweepstakes, or any operations or transmission of information during the Sweepstakes Period, including, without limitation, any problems, human, production or technical errors, lost, delayed, garbled or corrupted data or transmissions, omissions, interruptions, deletions, defects or failures of any telephone or transmission lines, technical malfunctions of any computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail or Entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof including, without limitation, any injury or damage to an entrant’s or any other person's computer related to or resulting from participating in or downloading any material connected to the Sweepstakes, all of which may affect a person’s ability to participate in the Sweepstakes; (e) any typographical or other error or omission in any printing or advertising relating to the Sweepstakes, in the administration or execution of the Sweepstakes, or in the announcement or notification of the winners; (f) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party computer "hackers" or otherwise; (g) any claims regarding the accepting, arranging for, awarding of or use of a prize or any portion thereof; (h) electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind; or (i) cheating or fraud by any participant. Entry material/data that has been tampered with or altered is void. Sponsor reserves the right, at its sole discretion, to amend these Official Rules for clarification purposes, at any time, in any way, and without prior notice, without materially affecting the terms and conditions of the Sweepstakes. Without limiting the foregoing, if for any reason the Sweepstakes is not capable of running as originally planned, including should any virus, worm, bug, technical failures, unauthorized human intervention, suspected fraud, or any other causes corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes, in Sponsor’s sole discretion, Sponsor reserves the right to modify, terminate or suspend this Sweepstakes. In the event of termination, Sponsor may randomly select the winners from among all eligible, non-suspect Entries received up to date/time of such termination, or up to the date/time of the situation warranting such termination.
10. Winners’ Names: For the winners’ names (available after winners have been verified), send a self-addressed, stamped, business size (#10) envelope by March 3, 2022, to: Queue Brand Communications, Attention: Black Canyon Holiday Winners, 29 East Madison St, Suite 800, Chicago, IL 60602.
12. Rules Govern: In the event of any discrepancy or inconsistency between the Official Rules and disclosures or other statements contained in any Sweepstakes-related materials or made by any representative of Sponsor, these Official Rules shall prevail, govern, and control.
13. Severability: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
14. Sponsor: National Beef Packing Company, LLC, P.O. Box 20046, Kansas City, MO 64195-0046
15. Administrator: AR Marketing, 203 E Crawford St, Findlay, OH 45840