Wahlburgers At Home
ARKK Food Company
New Kids on The Block Tickets Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF
ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
A VALID EMAIL ADDRESS AND FACEBOOK ACCOUNT TO PARTICIPATE. ELIGIBILITY: SWEEPSTAKES OPEN ONLY TO LEGAL RESIDENTS OF NEW JERSEY, NEW YORK AND PENNSYLVANIA THAT RESIDE WITHIN THE FOODTOWN MARKET AREAS WHO ARE AT LEAST 18 YEARS OF AGE AT TIME OF ENTRY.
VOID WHERE PROHIBITED BY LAW.
To enter this Sweepstakes, you must agree to and abide by these Official Rules.
- Sponsor: ARKK Food Company, LLC, 1750 South Telegraph Road, Suite 310, Bloomfield Hills, MI 48302 (“Sponsor”).
- Eligibility: The New Kids On The Block Tickets Sweepstakes (the “Sweepstakes”) is open only to legal residents of New Jersey, New York and Pennsylvania that reside within the Foodtown Market Areas who are at least 18 years old. Employees of Sponsor, Wahlburgers Corporation, Restaurant Franchisees of Wahlburgers Corporations, any organizations responsible for sponsoring, fulfilling, administering the Sweepstakes, and each of their respective parent, subsidiary, related and affiliated companies (collectively, the “Promotion Entities”), and the immediate family and household members of any of the foregoing individuals, are not eligible to enter or win. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence, whether related or not. Potential winner may be required to provide proof of eligibility prior to prize award. Void where prohibited or restricted by law.
- Sweepstakes Period: The Sweepstakes begins on or after 6:00 a.m. Eastern Time (“ET”) on May 17, 2019 and ends at 11:59 p.m. ET on May 30, 2019 (the “Sweepstakes Period”).
- How to Enter:
ENTRY VIA FACEBOOK
During the Sweepstakes Period, the Foodtown Facebook account will make (1) Facebook post containing the rules and entry process for the Sweepstakes (“Launch Post”). An eligible entrant (“Entrant”) must do the following:
- Like Wahlburgers at Home Facebook pages
- Within the Launch Post on the Foodtown Facebook page, include a comment that tags (1) additional person
ENTERING BY POSTING A COMMENT THAT TAGS (1) ADDITIONAL PERSON AND FOLLOWING THE SOCIAL MEDIA PAGE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND FULLY AGREE TO THESE OFFICIAL RULES.
All entries must follow the steps outlined in 4A.
No Entry limits are applicable. Entries must be manually key-stroked by the Entrant; use of automated entry devices or programs, or entries by third parties by any method of entry, are prohibited.
Entries that do not conform to or that violate these Official Rules or are submitted in any manner other than stated in these Official Rules will be disqualified. Sponsor will not be responsible for late, lost, incomplete or misdirected entries. Proof of submission of entry does not constitute proof of receipt of same. All entries must be posted on Facebook in their entirety prior to expiration of Sweepstakes Period. By entering this Sweepstakes, entrants agree to these Official Rules and the decisions of the Sponsor, which are binding and final in all matters relating to this Sweepstakes.
If you enter via Facebook, data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Mobile device service may not be available in all areas. Check your phone’s capabilities for specific instructions.
- Sweepstakes Guidelines: In addition to complying with all other requirements of these
Official Rules and/or on the and/or on the website where persons may submit entries/videos/photos (that is, Facebook); each entry must comply with the following guidelines (“Content Guidelines”). Any entry that Sponsor, in their sole discretion, determines is in violation of any Content Guideline will be disqualified. Each entry and comment must not:
- Contain content, image(s) or material that violates or infringes any third party rights of any kind, including without limitation, any third party privacy, publicity, trade secret and/or intellectual property rights, including third party registered and/or common law copyrights and trademarks;
- Disparage Sponsor, any other person or entity affiliated with the Sweepstakes or products, services or entities that are competitive with any of the foregoing;
- Contain brand names, trademarks or logos of any third party other than those owned by or licensed to Sponsor;
- Contain content, images, artwork or other creative elements not created by and original to entrant;
- Contain content, images or other material that is misleading, inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- Contain content, images or other material that reflects, advocates or promotes bigotry, racism, hatred, harm or exploitation of or against any class, group or individual, discrimination based on race, gender, religion, nationality, disability, sexual orientation or age, or actions or activities that are restricted, prohibited, illegal or unlawful (including without limitation, the consumption of alcohol or any other controlled substances);
- Contain content, images or other material that is unlawful or in violation of or contrary to any applicable federal or state laws or regulations;
- Have been previously submitted in a promotion of any kind, or published, posted, exhibited or displayed publicly for commercial use by any means and in any form or media.
- Contain executable programming of any kind, including without limitation, viruses, worms, Trojan horses, spyware, malware, time bombs, Easter eggs, cancel bots or any kind of malicious or benign computer programming whatsoever; and
- Contain encrypted content of any kind, including without limitation, encoded messages.
FOR ALL VIDEOS/PHOTOGRAPHS POSTED, THE VIDEOS/ PHOTOGRAPHS /COMMENTS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER.
- Random Drawing/Selection of Winner/Notification of Winner: Potential winner will be selected via a random drawing on June 3, 2019 from among all eligible entries received during the Sweepstakes Period. Entry MUST be in compliance with these Official Rules. Drawing will be conducted by Sponsor; whose decisions are final and binding on all matters related to the Sweepstakes. If potential winner entered using Facebook, potential winner will be contacted by direct message from the Wahlburgers At Home’s Facebook account (@Wahlburgersathome) to the potential winner’s post submission on the potential winner’s Facebook account. It is recommended that you confirm your Facebook notification settings are turned on. Messages will request that the potential winner email the Sponsor to the specified email address with specific personal information (ex: full name, address, phone number, email address, date of birth, username, etc.) Failure to respond to the initial verification notice within forty-eight (48) hours with all required information, or if initial verification notice is undeliverable after two (2) attempts will result in disqualification.
The potential winner will be required to sign and return within three (3) business days, an Affidavit of Eligibility, Release and Indemnification, and a Publicity Release where allowed by law and W-9 form (“Winner Documents”). If the Winner Documents are not returned to Sponsor within specified time period (if applicable), potential winner may be disqualified.
If the potential winner is disqualified, or if prize is returned as undeliverable, prize will be awarded to an alternate winner selected in a random drawing from all remaining non-winning eligible entries received during the Sweepstakes Period (time permitting). In the event of any dispute concerning the identity of any Entrant, the Entry will be deemed submitted by the natural person who is the authorized holder of the transmitting email account associated with the Facebook account used to participate in the Sweepstakes. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
No prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a prize or force majeure. Sweepstakes Entities shall not be held responsible for any delays in awarding a prize for any reason. Each Prize will only be awarded to a verified winner. Prizes are non-transferable.
- Prizes, Approximate Retail Value (“ARV”) and Odds of Winning:
Grand Prize (1 winner): Grand Prize Winner will receive (2) Tickets to the New Kids On The Block Concert in Uniondale, NY on June 30, 2019 OR Newark, NJ on July 2, 2019. Location will be determined by Grand Prize Winner after award.
The Grand Prize winner (and any other potential winners in Sponsor’s sole discretion) will be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release (except where prohibited) and any other requested documents within ten (10) calendar days from the date of attempted notification, or the Prize may be forfeited in its entirety and awarded to an alternate winner, at the Sponsor’s sole and absolute discretion
Federal, state and local taxes are the sole responsibility of each winner, who will receive a 1099 tax form reflecting actual value of any prize valued at $600 or more.
Odds of winning a prize depend on total number of eligible entries received.
Limit one (1) prize per person/household. No more than one (1) Grand Prize will be awarded.
- Conditions and Limitations of Liability:
By participating, each entrant agrees: (a) to be bound by these Official Rules and the decisions of Sponsor, which shall be final in all respects; and (b) to release, discharge and hold harmless the Promotion Entities, Facebook, each of their respective advertising and promotion agencies, each of the foregoing entities’ respective parent, subsidiary, related, affiliated and successor companies, and each of their respective officers, directors, agents, representatives and employees (collectively, the “Released Parties”) from any and all actions, claims, injury, loss or damage, including and/or from entrant’s acceptance, receipt, use or misuse of the prize. Without in any way limiting the foregoing, entrants understand and agree that the Sweepstakes involves inherently dangerous activities, whereby entrant may suffer serious bodily, physical, psychological and/or neurological injury or death as a direct or indirect result of his/her participation in the Sweepstakes; and, by participating in the Sweepstakes, entrant expressly assumes the risk of such adverse consequences. Entrants should participate in the Sweepstakes only if they are covered by medical/hospitalization insurance and are confident that they are physically and psychologically fit to participate in the Sweepstakes. IF YOU LACK INSURANCE OR ARE THE LEAST BIT UNSURE OF YOUR FITNESS FOR THE PROMOTION, DO NOT ENTER THE SWEEPSTAKES. Without limiting the foregoing, Sponsor makes no warranty, representation or guarantee of any kind regarding the Grand Prize, including the warranty of merchantability or fitness for intended purpose.
By entering the Sweepstakes, each entrant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iii) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, deliver, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by entrant.
By accepting the prize, winner grants Sponsor and its designees permission to use his/her name, voice, likeness, photograph, prize information, biographical data and city and state of residence on a winner’s list and for programming, publicity and promotional purposes, worldwide in all forms of media now known or hereafter developed, in perpetuity, without further compensation unless prohibited by law. Sponsor and its designees are not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without further obligation or compensation. Sweepstakes subject to the laws of the United States only. All federal, state and local laws and regulations apply. All entries become the property of Sponsor and will not be acknowledged.
If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor reserve the right, at their sole and absolute discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of the winners in a manner it deems fair and reasonable, including the selection of the winners from among eligible entries received prior to such cancellation, termination, modification or suspension. In no event will more prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical, administrative, printing, production, computer or other errors, there are more winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the winner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. No entrant shall have the right to modify or amend these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
- Disputes; THIS SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF MICHIGAN, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE OAKLAND COUNTY, MICHIGAN. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN MICHIGAN. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN OAKLAND COUNTY, MICHIGAN. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR SWEEPSTAKES ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE SWEEPSTAKES PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
- Winners’ List: For the names of the winners, mail a self-addressed, stamped envelope to: ARKK Food Company, Attn: Foodtown NKOTB, 1750 South Telegraph Road, Suite 310, Bloomfield Hills, MI 48302. All such requests must be received by June 5, 2019.
This promotion is in no way sponsored, endorsed or administered by Facebook. By participating in the promotion, you are providing your information to ARKK Food Company, LLC, not to Facebook.