Tailgating with Thomas’® Contest and Sweepstakes OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. The Tailgating with Thomas’ Contest and Sweepstakes (the "Promotion") begins at 8:00 AM Eastern Time ("ET") on August 15, 2022 and ends at 11:59 PM ET on September 15, 2022 (the “Promotion Period”). The Promotion will consist of a recipe contest (“Contest”) and a sweepstakes (“Sweepstakes”).
ELIGIBILITY: The Promotion is open to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older. Employees, officers and directors of Bimbo Bakeries USA, Inc. (“Sponsor”), Vault Communications, Woobox, JTG Daugherty Racing, their respective subsidiaries, affiliates, distributors, promotion and advertising agencies, and members of their immediate families (spouse and parents, children and siblings and each of their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. If you have received a prize from Sponsor within the past six (6) months in connection with another Sponsor promotion, you are not eligible to participate in this Promotion or receive a prize. Void where prohibited by law. This Promotion is subject to all applicable federal, state and local laws.
HOW TO ENTER THE CONTEST: To enter the Contest, visit TailgatingWithThomas.com and complete the online entry form with your true and correct information. Then, follow the on-screen instructions to submit your own original recipe featuring a Thomas’ product (each, a “Contest Entry”). All Contest Entries must be submitted by 11:59 PM ET on September 15, 2022 to be considered. Limit one (1) Contest Entry per person, per email address for the length of the Promotion. Contest Entries from the same person, or email address in excess of the stated limitation will be void. Any attempt by a person to use multiple email accounts to register more than once may result in disqualification at the discretion of the judges or Sponsor and all associated Contest Entries will be void.
By submitting a Contest Entry, each entrant acknowledges and agrees that his/her Contest Entry may be posted on the TailgatingWithThomas.com contest page during and following the Contest. By submitting a Contest Entry, entrant hereby grants permission for his/her Contest Entry to be posted on the TailgatingWithThomas.com contest page and other Sponsor web sites. Released Parties are not responsible for any unauthorized use of Contest Entries by third parties. Released Parties do not guarantee the posting of any Contest Entry and may remove a posted Contest Entry at any time.
Contest Entry must (i) be entrant’s own original work, (ii) be in English, (iii) cannot be previously published or submitted in connection with any other contest, (iv) be in keeping with the Sponsor’s image and (v) not be offensive or inappropriate, as determined by the Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property rights or any other third party rights. Sponsor reserves the right to disqualify any Contest Entry that it determines, in its sole discretion, is offensive or inappropriate, not in keeping with Sponsor’s image or that is otherwise not in compliance with these Official Rules. If the Contest Entry contains any material or elements that are not owned by the entrant, or which are subject to the rights of third parties, the entrant shall obtain and shall be solely responsible for obtaining, prior to submission of the Contest Entry, any and all written releases and consents necessary to permit the use, exploitation and exhibition of the Entry by or any other action of Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who is identifiable in the Contest Entry. 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 Contest Entry null and void. By submitting a Contest Entry, entrant covenants, warrants and represents that entrant and any persons who are identifiable in the Contest Entry consent to the submission and use of the Contest Entry in the Contest and to its use, exploitation and exhibition and any other action of Sponsor with respect to the Contest Entry as set forth herein.
Entrant acknowledges and agrees that Sponsor may receive other Contest Entries under this Promotion that may be similar or identical to the Contest Entry submitted by entrant, and entrant waives any and all claims he/she may have had, may have, and/or may have in the future, that any other Contest Entry reviewed and/or used by Sponsor may be similar to his/her Contest Entry.
CONTEST JUDGING: All Contest Entries received will be judged by a panel of qualified judges based on the following criteria: originality and creativity (50%) and taste appeal (50%). The five (5) Contest Entries with the highest scores will be deemed potential finalists and advance to the Public Voting Period outlined below, subject to verification of eligibility and compliance with these Official Rules. In the event of a tie, an additional, “tie-breaking” judge will determine the finalist(s) based on the criteria listed herein. Sponsor reserves the right to select fewer than five (5) finalists if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Contest Entries.
PUBLIC VOTING PERIOD & SWEEPSTAKES ENTRY: All finalist Contest Entries will be posted for display at TailgatingWithThomas.com between October 3, 2022 at 8:00 AM ET and October 10, 2022 at 11:59 PM ET (the “Public Voting Period”). During the Public Voting Period, individuals 18 years of age or older will have the opportunity to follow the instructions provided on the website to vote for their favorite finalist Contest Entry and receive one (1) Sweepstakes entry. Limit one (1) vote and one (1) Sweepstakes entry per person using only one (1) email address throughout the Public Voting Period. Votes or Sweepstakes entries received from any person or email address in excess of the stated daily limitation will be void. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. Sweepstakes Entries generated by script, macro or other automated means and Sweepstakes Entries made by any means which subvert the entry process are void. All Sweepstakes Entries become the property of Sponsor and will not be acknowledged or returned.
CONTEST FINALIST NOTIFICATION: The potential Contest finalists will be notified via email, United States Postal Mail, overnight mail, and/or phone call on or about September 16, 2022. The potential finalists will have 24 hours from date of notification to confirm that the notification has been received. After confirming notification receipt, the potential finalists will be required to execute and return an affidavit of eligibility, a liability release and, where lawful, a publicity release within three (3) days of date of issuance. If such documents are not returned within the specified time period, notification is returned as undeliverable, Sponsor is unable to contact a potential finalist or a potential finalist is not in compliance with these Official Rules, such finalists may be disqualified, and a runner-up may be notified.
CONTEST WINNER DETERMINATION: Subject to verification of eligibility and compliance with these Official Rules, the one (1) finalist Contest Entry that received the highest number of valid votes, as determined by Sponsor, will be deemed the Contest Grand Prize winner. In the event of a tie, the tie will be broken based on which finalist received the highest score in the originality and creativity criteria in the judging phase above. Use of script, macro or any automated system to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void. One (1) second place Contest Entry, as determined by JTG racing driver Ricky Stenhouse Jr. in their sole discretion, will be deemed the potential Contest Second Prize winner, subject to verification of eligibility and compliance with these Official Rules.
SWEEPSTAKES DRAWING: Twenty-five (25) potential winners will be selected in a random drawing held on or about October 11, 2022 from among all eligible Sweepstakes Entries received throughout the Promotion Period. Odds of winning a Sweepstakes prize depend on the number of eligible Sweepstakes Entries received.
SWEEPSTAKES WINNER NOTIFICATION: Potential Sweepstakes winners will receive prize notification via email, United States Postal Mail, overnight mail, and/or phone call. Potential winners will have five (5) days from time of receipt of winning notification to confirm that the notification has been received. After confirming notification receipt, the potential Sweepstakes winners may be required to execute and return an affidavit of eligibility, a liability release and, where lawful, a publicity release within five (5) days of date of issuance. If such documents are not returned within the specified time period, a prize or prize notification is returned as undeliverable, Sponsor is unable to contact a potential winner or a potential winner is not in compliance with these Official Rules, prize will be forfeited and, at Sponsor’s discretion, an alternate winner may be selected.
PROMOTION PRIZES:
Contest Grand Prize (1): Winner will receive a trip that includes two (2) nights, three (3) days hotel accommodations for themselves and up to three (3) guests to a professional stock car auto race weekend in calendar year 2023. The trip also includes roundtrip, coach class air transportation for winner and guests from a major U.S. gateway airport near winner’s residence to an airport near destination, and admission to the race weekend. Winner will also receive a cash stipend for incidentals totaling $1,000. The ARV of the Contest Grand Prize: $5,000.00.
Contest Second Prize (1): Winner will receive one (1) Ricky Stenhouse Jr. autographed memorabilia item. ARV of Second Prize: $500.00. Exact memorabilia provided to be determined by JTG Daugherty Racing, in their sole discretion. Exact value of memorabilia item will be subject to market fluctuations.
Contest Finalist Prizes (5): A folding chair and drink cooler. ARV of each Contest Finalist prize package: $290.
Sweepstakes Prizes (25): A folding chair and drink cooler. ARV of each Sweepstakes prize package: $290.
CONTEST GRAND PRIZE CONDITIONS: Any additional air or ground transportation necessary to redeem prize, or additional fees including service charges, meals, beverages, souvenirs, incidentals, gratuities, phone calls, travel insurance, and any and all other expenses not specifically mentioned herein are the sole responsibility of the winner. Winner and guests are responsible for and must already own all necessary travel authorizations such as passports, visas, and/or government identification. Winner and guests may also be required to quarantine, provide proof of vaccination, and/or provide proof of a negative COVID-19 test as instructed prior to travel within the timeframe specified by Sponsor or winner may forfeit the Grand Prize at Sponsor’s sole discretion. If the winner cannot be contacted or is disqualified, the Sponsor reserves the right to determine an alternate winner in its sole discretion. Unclaimed prize will not be awarded. Other restrictions may apply. If the winner resides within a 200-mile radius of destination, ground transportation will be provided in lieu of air transportation and no compensation or substitution will be provided in lieu thereof. Actual value may vary based on point of departure and number of guests on trip. In the event winner elects to travel with less than three (3) guests, no compensation or substitution will be provided in lieu thereof. Exact hotel to be determined by Sponsor, in its sole discretion. Race weekend tickets are subject to certain terms and conditions specified by Sponsor. Race weekend tickets expire on date specified on each respective ticket.Grand Prize winner and his/her guest(s) irrevocably waives all claims against the Released Parties and agrees that the Released Parties will have no liability or responsibility for any claim arising in connection with participation in this Promotion, the prizes awarded, personal injury, or wrongful death, a potentially heightened risk of exposure to communicable diseases, viruses, bacteria or illnesses (including, without limitation, COVID-19) and the causes thereof, and sickness arising as a result of the Grand Prize winner participating in the Promotion and related activities, wherever, whenever or however the same may occur. Grand Prize winner fully understands that (a) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”) is extremely contagious and there is an inherent risk of exposure to COVID-19 in any place where people are or have been present; (b) no precautions, including the protocols that will be implemented from time to time by any/all travel providers or those providing accommodations, can eliminate the risk of exposure to COVID-19; (c) while people of all ages and health conditions have been adversely affected by COVID-19, certain people have been identified by public health authorities as having greater risk based on age and/or underlying medical conditions; and (d) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition.
GENERAL PRIZE CONDITIONS: Limit one (1) Sweepstakes Prize per person using only one (1) email address. Exact make, model, color and size of folding chair and drink cooler prizes to be determined by Sponsor, in their sole discretion. No transfer, assignment, change of the prize, or cash substitution is permitted, except at the sole discretion of the Sponsor. Prizes will only be awarded by Sponsor upon potential winners’ verification of eligibility and final approval by Sponsor. No prize substitution, cash equivalent of prizes, transfer or assignment of prizes is permitted, except by Sponsor which reserves the right to substitute a prize with one of comparable or greater value, in its sole discretion. Winners are responsible for all federal, state and local taxes and any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at Sponsor’s sole discretion. Total ARV of all prizes: $14,200.
MISCELLANEOUS: Released Parties are not responsible for late, lost, incomplete, corrupted, stolen, garbled, delayed, undelivered or misdirected Contest or Sweepstakes Entries, all of which are void. Entries will be deemed made by the authorized account holder of the e-mail address submitted at time of entry and he/she must comply with these Official Rules. The authorized account holder is deemed as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. By entering the Promotion, entrant recognizes and agrees that the registration information provided by entrant will be made available to Sponsor; use of such information will be governed by Sponsor’s privacy policy found at https://www.bimbobakeriesusa.com/privacy-policy. By accepting a prize, winners grant to Sponsor the right to print, publish, broadcast, and use universe-wide in any media now known or later developed, the winner's name, portrait, picture, voice, likeness, city and state of residence, and biographical information for any purpose, including but not limited to, in advertisements, publicity, and other communications, worldwide, in perpetuity, without additional compensation, notification or permission, except where prohibited by law. All entrants agree to comply with these Official Rules and the decisions of the Sponsor and judges shall be binding and final.
RELEASE: By participating, each Entrant agrees (a) to release, discharge and hold harmless Sponsor, Vault Communications, Woobox, JTG Daugherty Racing, their respective subsidiaries, affiliates, distributors, promotion and advertising agencies, and any other individuals engaged in any way in the development, production, printing, distribution or execution of this contest, and the respective directors, officers, agents and employees of the foregoing (collectively, the “Released Parties”) from and against any liability, claims, losses and damages arising out of or relating to their participation in this Contest or the acceptance, use, misuse or possession of any prize received in this Contest, and the Released Parties’ use of any entry; (b) to abide by these Official Rules and decisions of Sponsor and judges which shall be final and binding in all respects; and (c) that each entrant grants to Sponsor and its designees a paid-up worldwide license to use (unless prohibited by applicable law) entrant’s name, voice, city, and state of residence, photographs and/or likeness for purposes of advertising, promotional and/or any other purpose in any media now or hereafter known throughout the world in perpetuity without limitation or additional compensation, notification or permission, except where prohibited by law; and, upon request, to provide consent to such use in writing.
LICENSE TO USE CONTEST ENTRY: By submitting a Contest Entry, each entrant grants, and represents and warrants that the entrant has the rights and authority necessary to grant, Sponsor an irrevocable, non-exclusive, fully sublicensable license and right to exploit, edit, modify, and distribute the entry and all elements of such entry, including, without limitation, the likenesses of any locations embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission or notification to entrant or any third party.
DISCLAIMER: Released Parties are not responsible for printing or typographical errors in these Official Rules or in any Promotion-related materials. Sponsor reserves the right, in its sole discretion, to disqualify any individual that tampers with the entry process. Sponsor also reserves the right to terminate, suspend, cancel or modify the Promotion and award the prizes (i) for the Contest from among all eligible, non-suspect Contest Entries received as of the date of termination using the judging procedure outlined above and (ii) for the Sweepstakes from among all eligible, non-suspect Sweepstakes Entries received if for any reason this Promotion is not capable of running as planned due to any reason, including infection by computer virus, bugs, tampering, fraud, unauthorized intervention, non-authorized intervention, technical failures or other causes that may corrupt or impair the integrity, fairness or proper play of the Promotion. Released Parties are not responsible or liable for any events which may cause errors and/or the Promotion to be stopped, including but not limited to any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries, nor are they responsible for any problems or technical malfunction of any telephone, network or telephone lines, computer on-line systems, servers, or cable, satellite, or Internet Service Providers (ISP), computer equipment, software or any other failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to entrant's or any other person's computer relating to or resulting from participation in this Promotion or downloading any materials in this Promotion. Released Parties are not responsible for computer, mechanical, technical, electronic, network or other errors or problems, including any errors or problems that may occur in connection with the administration of the Promotion, the processing or judging of entries, the incorrect uploading of recipes, the tabulation of votes, or in any other Promotion-related materials. The Sponsor and its independent judging organization may stop you from participating in this Promotion if you violate Official Rules or act, in Sponsor’s sole discretion: (a) in a manner Sponsor determines to be not fair; (b) with an intent to annoy, threaten or harass any other entrant or the Sponsor; or (c) in any other disruptive manner.
CAUTION: ANY ACT OR ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, RELEASED PARTIES RESERVE THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL(S) TO THE FULLEST EXTENT PERMITTED BY LAW.
ARBITRATION: Except where prohibited by law, as a condition of participating in this Promotion, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with participating in this Promotion), and participant further waives all rights to have damages multiplied or increased.
CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the substantive laws of the Commonwealth of Pennsylvania, USA.
WINNERS’ LIST: To receive a list of the winners (available after October 20, 2022), send a self-addressed stamped envelope for receipt by November 20, 2022 to: Tailgating with Thomas’ Contest and Sweepstakes Winners, 255 Business Center Drive, Horsham, PA 19044.
SPONSOR: Bimbo Bakeries USA, Inc., 255 Business Center Dr., Horsham, PA 19044.