TABASCO® 12 Days of Sriracha Social Media Sweepstakes Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. The TABASCO® 12 Days of Sriracha Social Media Sweepstakes (the “Sweepstakes”) begins at 9:00:00 AM Eastern Time (“ET”) on December 12, 2023 and ends at 12:00:00 PM ET on December 23, 2023 (the “Sweepstakes Period”). The computer clock of the Sponsor (defined below) is the official time-keeping device in the Sweepstakes.
1. ELIGIBILITY: The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia, who are eighteen (18) years of age or older as of the date of entry. Employees, officers and directors of McIlhenny Company (“Sponsor”), HPR Partners, LLC, d/b/a Hunter, a New York State Limited Liability Company (“Administrator”), and their respective parent companies, affiliates, subsidiaries, divisions, franchisees, suppliers, distributors, advertising, contest, fulfillment and marketing agencies (collectively, “Sweepstakes Parties”), their immediate families (parent, child, sibling & spouse and their respective spouses, regardless of where they reside) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Sweepstakes. By participating, you agree to these Official Rules and to the decisions of the Sponsor, which are final and binding in all respects. All federal, state and local laws and regulations apply.
2. HOW TO ENTER: To participate, access https://www.instagram.com/tabasco/. To enter, an individual must 1) follow @TABASCO on Instagram (https://www.instagram.com/tabasco/) and 2) tag a friend in the comment section of the Sweepstakes in-feed post posted on December 12, 2023 (“Sweepstakes Post”) during the Sweepstakes Period. Limit of twelve (12) entries (individually, an “Entry;” collectively, the “Entries”) per person during the Sweepstakes Period. An individual’s first twelve (12) tags on the Sweepstakes Post constitute that individual’s Entries. Any tags on the Sweepstakes Post beyond an individual’s first twelve (12) Entries will NOT be considered. All entries become the property of Sponsor and will not be returned.
By entering, you understand that you are providing your information to Sponsor and not to Instagram, as this Sweepstakes is in no way sponsored, endorsed or administered by Instagram, nor is Instagram associated with this Sweepstakes in any way. Any questions, comments or complaints regarding this Sweepstakes must be directed to the Sponsor or Administrator, and not to Instagram.
3. WINNER SELECTION/ODDS: On each day during the Sweepstakes Period (i.e., December 12, 2023 through December 23, 2023), the Administrator will conduct one (1) random drawing from all eligible Entries and select one (1) potential Sweepstakes prize winner (each, a “Potential Sweepstakes Prize Winner”), for a total of twelve (12) Potential Sweepstakes Prize Winners for the Sweepstakes. If, however, a Potential Sweepstakes Prize Winner does not respond within the twelve (12) hour response window detailed in Paragraph 4 below, NO Potential Sweepstakes Prize Winner will be announced for that day and no prize will be awarded. Any Entry that is not selected as a Potential Sweepstakes Prize Winner in a drawing will be eligible for subsequent drawings during the Sweepstakes Period. Odds of winning a prize depend on the number of eligible Entries received.
BY ENTERING, YOU UNDERSTAND AND ACKNOWLEDGE THAT NOT ALL PRIZES MAY BE AWARDED.
4. WINNER NOTIFICATION: The Potential Sweepstakes Prize Winners will be notified through an Instagram direct message as soon as reasonably practicable. Potential Sweepstakes Prize Winners will have twelve (12) hours to respond via Instagram direct message to the winning notification direct message by 1) providing their email address, 2) specifying their delivery address, and 3) confirming their eligibility to receive a prize. Failure to respond during such twelve (12) hour time period will result in forfeiture of the prize. A Potential Sweepstakes Prize Winner may also be required to sign and return an Affidavit of Eligibility, Publicity Release, Release of Liability & Prize Acceptance Form (except where prohibited by law) (“Prize Claim Document”). The Prize Claim Document must be completed and returned to Administrator within two (2) days of date of issuance. A Potential Sweepstakes Prize Winner becomes a “Winner” (“Winner(s)”) only after verification of eligibility by the Sponsor and/or Administrator. If the Prize Claim Document is not returned within the specified time period, if a Potential Sweepstakes Prize Winner cannot be contacted within a reasonable time period for any reason, if any notification is returned undeliverable, or if a Potential Sweepstakes Prize Winner otherwise fails to fully comply with these Official Rules or is found to be ineligible, he/she/they will forfeit that prize. Unclaimed or forfeited prizes will not be awarded. Only Potential Sweepstakes Prize Winners will be notified.
Sponsor may, but shall not be obligated to, also announce the Winners’ Instagram handles via the TABASCO® Instagram and/or other social channels.
5. PRIZES/PRIZE RESTRICTIONS: Twelve (12) Sweepstakes prizes (“Prize(s)”) will be offered, as described below:
Each Prize will consist of twenty-four (24) bottles of TABASCO® Brand Sriracha Sauce. The approximate retail value (“ARV”) of each Prize awarded to each Sweepstakes Prize Winner is $107.52.THE TOTAL APPROXIMATE RETAIL VALUE OF ALL PRIZES IS $ 1,290.24.PRIZE RESTRICTIONS: Limit of one (1) Prize per person/per household. If Administrator has received all required documentation, Prizes will be shipped no later than January 31, 2024. All costs associated with the acceptance and use of a Prize, unless expressly stated in these Official Rules, shall be the responsibility of each Winner. Only the stated Prize value will be awarded. All federal, state, local, and other taxes on prizes and any other costs and expenses associated with prize acceptance and use not specified herein as being provided are the sole responsibility of the applicable Winner. No substitution, transfer of any prize or cash alternative permitted, except by Sponsor who reserves the right, in its sole discretion, to substitute a prize of equal or greater value, if a Prize, or portion of a Prize, becomes unavailable. Sweepstakes Parties are not responsible for late, lost, stolen, damaged, delayed, or undelivered Prizes.
PRIZES ARE AWARDED “AS IS” WITH NO GUARANTEE. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY THE SWEEPSTAKES PARTIES. ALL PRIZE DETAILS ARE AT SPONSOR’S SOLE DISCRETION. ANY COSTS AND EXPENSES ASSOCIATED WITH PRIZE ACCEPTANCE AND USE NOT SPECIFIED HEREIN AS BEING PROVIDED ARE WINNERS’ SOLE RESPONSIBILITY.
7. LIMITATIONS OF LIABILITY: Neither the Sweepstakes Parties nor Instagram assume responsibility or liability for (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled Entries, URLs, or emails; (b) any incorrect or inaccurate Entry information; (c) any unauthorized access to, or theft, destruction or alteration of Entries at any point in the operation of this Sweepstakes; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, faulty or failed electronic data transmissions, delay in operation or communications line failure, regardless of cause, or failure of any kind with regard to any equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Sweepstakes; (e) inaccessibility or unavailability of the Internet or any applicable website or any combination thereof or for computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, social networking posts, Prize descriptions, selection of Winners, or in any other Sweepstakes-related materials; or (f) any injury or damage to participants or to any other person’s computer or device which may be related to or resulting from any attempt to participate in the Sweepstakes. If, for any reason, the Sweepstakes (or any part thereof) is not capable of running as planned for reasons which may include, without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, then Sponsor and Administrator reserve the right at their sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. In the event an insufficient number of eligible Entries are received and/or Sponsor is prevented from awarding Prizes or continuing with the Sweepstakes as contemplated herein by any event or cause beyond Sponsor’s control, including but not limited to fire, flood, epidemic, pandemic, or other public health crisis, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, order of any court or jurisdiction (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If terminated, and if possible, the Sponsor and Administrator will select potential winners in a random drawing and award prizes from among all eligible Entries received for the Sweepstakes up to the time of such action. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. 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.
8. RELEASES: All participants, as a condition of participation in this Sweepstakes, agree to release, hold harmless and indemnify the Sweepstakes Parties and Instagram from and against any and all liability, claims, damages, or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained, in whole or in part, directly or indirectly, in connection with (i) participation in any aspect of the Sweepstakes, (ii) the receipt, ownership or use of the Prize awarded, (iii) participant’s Entry material on any website or social media channel, or (iv) any typographical or other error in these Official Rules.
9. GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF LOUISIANA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
10. ARBITRATION: By participating in this Sweepstakes, each entrant agrees that: (1) any and all disputes the entrant may have with, or claims entrant may have against, the Sweepstakes Parties relating to, arising out of or connected in any way with the Sweepstakes, the awarding or redemption of any prize, and/or the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in New Orleans, Louisiana; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Sweepstakes; (5) the arbitrator shall apply the governing law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized by the law of the jurisdiction where the arbitration is being held; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the entrant’s and/or the applicable Sweepstakes Parties’ individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against the participant or any of the Sweepstakes Parties. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com. If any part of this arbitration provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. If, however, the provisions of subpart (6) of this Paragraph are found to be invalid, unenforceable or illegal by a court of competent jurisdiction in an action to which the parties to this agreement are parties, then the entirety of this arbitration provision shall be null and void, and neither entrant nor any of the Sweepstakes Parties shall be entitled to arbitrate their dispute.
12. WINNERS LIST: To obtain a copy of the Winners list, send a self-addressed stamped envelope to 1240 Camp Street, New Orleans, LA, 70130, Attn: Kate Neuhaus. Vermont residents may omit return postage. Any request to receive a Winners list must be received by June 24, 2024. Requests for a copy of the Winners list received after June 24, 2024, will not be accommodated.
13. SPONSOR: McIlhenny Company, Highway 329, Avery Island, Louisiana 70513.