MODERN TABLE THE PROTEIN PASTA GIVEAWAY OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
THIS PROMOTION IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND ARE NOT LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA, 18 YEARS OF AGE OR OLDER WHO ENTER FROM WITHIN THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA. VOID WHERE PROHIBITED.
The Promotion is in no way sponsored, endorsed, administered by, or associated with Facebook, Instagram, or Pinterest. Any questions, comments or complaints regarding the Promotion shall be directed to Sponsor and not to Facebook, Instagram, or Pinterest.
1. ELIGIBILITY: Modern Table The Protein Pasta Giveaway (the “Promotion”), brought to you by Basic American Foods (the “Sponsor”), is governed by these Official Rules. The Promotion is open only to legal residents of the 50 United States and the District of Columbia (“D.C.”), who are eighteen (18) years of age or older. Employees of Sponsor, and its parent, subsidiaries and affiliated companies, and the advertising and promotion agencies involved with this Promotion (and the immediate family members of such employees [spouse, parent, child, sibling, and their respective spouses] and individuals residing in the same household as such employees) are not eligible to enter or win. Void where prohibited.
2. PROMOTION PERIOD: The Promotion begins on July 19, 2018 at 12:00:00 a.m. Central Daylight Time (“CDT”) and ends on September 5, 2018 at 11:59:59 p.m. CDT (the “Promotion Period”). The Website server’s clock is the official clock for this Promotion.
The Promotion Period is divided into seven (7) weekly entry periods (each a “Weekly Entry Period”) as follows:
Weekly Entry Period Start Date (each at 12:00:00 am CDT) End Date (each at 11:59:59 pm CDT) Weekly Drawing Date (on or about)
3. HOW TO ENTER: To enter the Promotion, visit The Protein Pasta Giveaway page on the Sponsor’s website at moderntable.wpengine.com/sweeps (the “Website”) during the Promotion Period and complete the required fields of the onscreen registration form to receive one (1) entry into the Promotion. Limit one (1) registration per person/email address.
Bonus Entries: Upon successfully entering the Promotion, you will have the opportunity to receive bonus entries by following the on-screen instructions to complete one or more of the following actions. These additional entry actions are not required for entry into the Promotion.
a. Click for Daily Entry: During the Promotion Period, you may return to moderntable.wpengine.com/sweeps and follow the on-screen instructions to click where indicated to receive one (1) bonus entry. Limit one (1) bonus entry per person/email address per day via this entry method.
b. Watch a Brand Video: Watch a one (1) minute video to the end to receive one (1) bonus entry. Limit one (1) bonus entry per person/email address via this entry method.
c. Visit Facebook: Follow the on-screen instructions to click where indicated, and visit the Modern Table Facebook page to receive one (1) bonus entry. If you wish, you may “like” the Modern Table Facebook page (optional). You must have a Facebook account to access the Modern Table Facebook page. If you do not have a Facebook account visit www.facebook.com to set up a free account. Limit one (1) bonus entry per person/Facebook account via this entry method.
d. Visit Instagram: Follow the on-screen instructions to click where indicated and visit @moderntablemeals on Instagram to receive one (1) bonus entry. You must have an Instagram account to access the Modern Table Instagram page. If you do not have an Instagram account, visit www.instagram.com to set up a free account. Limit one (1) bonus entry per person/Instagram account via this entry method.
e. Visit Pinterest: Follow the on-screen instructions to click where indicated and visit @moderntable on Pinterest to receive one (1) bonus entry. You must have a Pinterest account to access the Modern Table Pinterest page. If you do not have a Pinterest account, visit www.pinterest.com to set up a free account. Limit one (1) bonus entry per person/Pinterest account via this entry method.
4. PRIZES (7; one (1) per Weekly Entry Period): one (1) 15-pack product sampler, containing Spirals, Penne, Rotini, Elbows, White Cheddar, Sharp Cheddar Classic Cheddar, Jalapeño Cheddar, Three Cheese, Sundried Tomato Basil, Parmesan Pesto, Cheddar Broccoli, Creamy Alfredo, Creamy Garlic & Herb, and Creamy Marinara. Approximate Retail Value (“ARV”): $61.00.
Actual value of prize may vary based on retail location. Any difference between stated ARV and actual value of prize will not be awarded. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Exact shipping dates of the prize are subject to availability and shipping information provided by the Sponsor and are subject to change. Additional prize award details to be provided to the prize winner at the time of notification.
For all prizes: Total ARV of all prizes: $427.00. Limit one (1) prize per person/household. Each winner must accept prize as specified by Sponsor or prize may be forfeited. Prizes cannot be assigned, transferred, redeemed for cash, or substituted except by Sponsor who may, at its sole discretion, substitute a prize with one of equal or greater value if an advertised prize, or any portion thereof, becomes unavailable for any reason.
Federal, state, and/or local taxes (including any income taxes) and any other fees or costs associated with a prize are the sole responsibility of the winners regardless of whether the prize, in whole or in part, is used. The ARV of each prize is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes where required by law.
5. PROMOTION WINNER SELECTION: Seven (7) weekly winners will be selected in a series of random drawings from among all eligible entries received for the corresponding Weekly Entry Period on or about the Weekly Drawing Dates noted above. Non-winning entries will roll into subsequent Weekly Entry Periods.
6. ODDS OF WINING: Odds of winning a Weekly Prize depend on the number of eligible entries received for the corresponding Weekly Entry Period.
7. WINNER NOTIFICATION: Potential winners will be notified via email using the email address provided at registration. Potential winners are subject to verification, including verification of age, and may be required to demonstrate ownership over the email account used to enter. If a potential winner is found not to be eligible for any reason, or if prize notification or prize is returned as undeliverable, the potential winner may be disqualified and prize may be forfeited, in Sponsor’s sole discretion. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate entrant who will also be selected randomly, even if the disqualified potential winner’s name may have been publicly announced. Sponsor is not responsible for any change of email address, phone number, mailing address, or other contact information of entrants. Unclaimed prizes will not be awarded.
8. CONDITIONS OF PARTICIPATION: By entering this Promotion, entrants agree and covenant on behalf of themselves and their family, heirs, personal representatives executors, assigns and insurers, (a) to release, acquit, hold harmless, waive and forever discharge Sponsor, Facebook, Inc., Instagram, Pinterest, and Sponsor’s advertising agencies, digital agencies, promotion agencies and each of their respective parent companies, subsidiaries and affiliates, and their respective officers, directors, members, managers, employees, contractors and agents (collectively, “Releasees”) from any and all claims, demands, damages, debts, costs, fees, obligations, loss, expenses, compensation, actions or causes of action whatsoever, of every nature, character and description, whether known, unknown, discovered, undiscovered, suspected or unsuspected, including death, or property damage (collectively, “Claims”), including but not limited to Claims arising on account of, or in any way growing out of, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Promotion; and (b) except where legally prohibited, each winner grants (and agrees to confirm that grant in writing) permission to Sponsor and those acting under its authority the right to the use of his/her name, picture, likeness, voice, biographical information and statements, at any time or times, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide and on the Internet and World Wide Web, without notice, review or approval. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
9. LIMITATIONS OF LIABILITY: Sponsor is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the processing of the entries. Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature. Sponsor is not responsible for any computer or e-mail failures that may result in lost or garbled entries or which affect the administration of the Promotion. Sponsor assumes no liability for incorrect, lost, late, stolen, illegible, incomplete, misdirected, damaged non-delivered requests or entries, computer system or transmission line errors, software or hardware malfunctions, or other errors, failures, or delays in transmission that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer related to or resulting from downloading or entering any part of this Promotion. If, for any reason, Promotion, in the sole opinion of Sponsor, is not capable of running as planned or, in the sole opinion of the Sponsor, circumstances corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend Promotion, and randomly determine winners from among all eligible non-suspect entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. Sponsor reserves the right at its sole discretion, to disqualify any individual (and all of his or her entries) who tampers with the entry process.
10. BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Promotion 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 by the American Arbitration Association (AAA) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall apply California 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 claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by the AAA, 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 days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.
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 PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THIS PROMOTION, 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 PROMOTION, OR THE 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) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT 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 MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
12. GOVERNING LAW AND JURISDICTION: These Official Rules and the Promotion are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A. without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, in the City of San Francisco.
12. WINNERS’ LIST: For the names of the winners, send a self-addressed, first-class stamped envelope to: Basic American Foods, Modern Table The Protein Pasta Giveaway, 2999 Oak Road, Suite 800, Walnut Creek, CA. Requests must be received by October 6, 2018.
SPONSOR: Basic American Foods, 2999 Oak Road, Suite 800, Walnut Creek, CA
© 2018 Basic American Foods.