Kingsford Tailgater of the Year Official Rules

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

  1. Eligibility: Kingsford Tailgater of the Year (the “Promotion”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry and who did not purchase any equipment for the purpose of entering this Promotion. Employees of The Clorox Company, ESPN Internet Ventures, The Promotion Network, Inc. ("TPN"), ePrize, Inc., and any of their respective parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Promotion is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. The Promotion contains a contest ("Contest") and an instant win game ("Instant Win Game").

  2. Sponsor: The Clorox Company, 1221 Broadway, Oakland, CA, 94612. Administrator: ePrize, Inc., One ePrize Drive, Pleasant Ridge, MI 48069.
  3. Agreement to Official Rules: By participating in the Promotion, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and/or Administrator, which are final and binding in all matters related to the Promotion. Whether an entrant receives a prize is contingent upon fulfilling all requirements set forth herein.
  4. Timing: The Promotion begins on August 27, 2013 at 12:00 p.m. Pacific Time ("PT") and ends on October 11, 2013 at 11:59 p.m. PT (the "Promotion Period"). The Promotion consists of four (4) weekly Submission periods (each a "Weekly Submission Period") and a Public Voting period that includes an Instant Win Game as set forth in the chart below.

    PeriodStart Date (at 12:00 PT)End Date (at 11:59 PT)
    Week 1 Submission
    August 27, 2013 at 12:00 p.m.
    September 1, 2013 at 11:59 p.m.
    Week 2 Submission
    September 2, 2013 at 12:00 a.m.
    September 8, 2013 at 11:59 p.m.
    Week 3 Submission
    September 9, 2013 at 12:00 a.m.
    September 15, 2013 at 11:59 p.m.
    Week 4 Submission
    September 16, 2013 at 12:00 a.m.
    September 22, 2013 at 11:59 p.m.
    Public Voting and Instant Win Game
    September 25, 2013 at 12:00 p.m.
    October 11, 2013 at 11:59 p.m.

    All times are Pacific Time. TPN’s computer is the official time-keeping device for the Promotion.

  5. All times are Pacific Time. TPN’s computer is the official time-keeping device for the Promotion.

    How to Enter the Contest: During the four (4) Weekly Submission Periods, visit www.grilling.com/tailgate, and log in or create your account. Online accounts are free but subject to the terms of service at http://www.thecloroxcompany.com/legal/terms/en-us/. Then, follow the directions to upload one (1) photo that displays your ultimate tailgate set-up, (herein, your "Submission"). The Submission must include a charcoal grill or charcoal and may only include individuals under the age of 18 if submitted by their parent or legal guardian. By completing the requirements for submission, you will be entered into the Contest for the applicable Weekly Submission Period. Entries from each Weekly Submission Period will not be considered in the Contest for any subsequent Weekly Submission Period.

    By uploading your Submission, you agree that it conforms to the Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Promotion if it believes that your Submission fails to conform to the Guidelines and Restrictions or is otherwise not in compliance with these Official Rules. .

    Guidelines:

    • The Submission must be in .jpg or .gif format and must not exceed 8 MB in size;
    • The Submission must include a charcoal grill or charcoal; and
    • The Submission cannot have been submitted previously in a promotion of any kind.

    Content Restrictions:

    • Entrants must have permission from all individuals who appear in a Submission (if any) to use their names and likenesses in the Submission and to grant the rights set forth herein. If requested, entrants must be able to provide such permissions in a form acceptable to Sponsor;
    • The Submission may only include individuals under the age of 18 if submitted by their parent or legal guardian;
    • The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
    • The Submission must not disparage Sponsor, Administrator or any other person or party affiliated with the Promotion;
    • The Submission must not contain brand names or trademarks of a Competitor;
    • The Submission must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to incorporate in his/her Submission in this Contest (Note: Submissions are not required to include Sponsor’s products and including Sponsor’s products will have no impact on the judging);
    • The Submission must not contain images or artwork not created by entrant without permission, to the extent permission is necessary;
    • The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, or libelous;
    • The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
    • The Submission must not communicate messages or images inconsistent with the positive images and/or good will with which Sponsor wishes to associate; and
    • The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Submission is created.

    Limit: Each entrant may upload one (1) Submission per Weekly Submission Period. Entrants may not submit the same Submission multiple times. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to upload more than the stated number of Submissions by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s Submissions and that entrant may be disqualified. Submissions generated by script, macro or other automated means are void.

    Uploading a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submission in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. Released Parties (as defined in Section 11, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions, which will be disqualified.

    In the event of a dispute as to the ownership of any Submission, the authorized account holder of the email address used to register for the account will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being authorized account holders.

  6. Finalist Determination: After the conclusion of all Weekly Submission Periods, a panel of qualified judges determined by Sponsor in its sole discretion will select the eight (8) entrants (two (2) Submissions per each Weekly Submission Period from among all eligible Submissions) with the highest-scoring Submissions (the "Finalists"), based on the following criteria (“Judging Criteria”):

    • Creativity/Originality of Submission (40%);
    • Quality of Submission (20%);
    • Submission’s Fit to the Contest Theme (20%); and
    • Excitement and Enthusiasm Conveyed in Submission (20%)

    In the event of a tie, the entrant whose Submission received the highest score for the Creativity/Originality of Submission, as determined by the qualified judges, will be deemed the winner of the tie and the applicable Finalist. Sponsor reserves the right to select fewer than eight (8) Finalists, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.

  7. Contest Public Voting, the Instant Win Game, and Winner Determination:

    Contest Public Voting and the Instant Win Game: During the Public Voting Period (see Section 4), the eight (8) Finalists’ Submissions will be posted in an online gallery for public voting at www.grilling.com/tailgate. Persons who meet the eligibility criteria as set forth in Section 1 will be invited to vote for their favorite Submission. Once you’ve voted for the day, you will automatically be entered into the Instant Win Game. The Instant Win Game results will be instantly displayed. Potential winners of the Instant Win Game will be provided directions for validation including deadline date. All potential winners are subject to verification before any prize will be awarded. Released Parties are not responsible for the functionality of the Instant Win Game. Limit: Each person may vote and participate in the Instant Win Game one (1) time per day (24 hour period) during the Public Voting Phase. Multiple votes received from any person or email address in excess of the stated number or attempts to gain more than the stated amount of Instant Win Plays will be void. Any attempt by any entrant or voter to obtain votes or game plays by any fraudulent or inappropriate means, including without limitation, trading votes, offering prizes or other inducements to members of the public as determined by Sponsor in its sole discretion, by using any automated program, by using multiple/different email addresses, identities, registrations and logins, or any other methods, will void those votes for the entrant’s Submission or Instant Win Game Plays and entrant may be disqualified as determined by Sponsor in its sole discretion.

    Contest Winner Determination: Subject to the Finalists' compliance with these Official Rules, the Finalist whose Submission receives the highest number of valid votes during the Public Voting Phase, as determined by Sponsor in its sole discretion, will be deemed the potential Grand Prize winner. The potential Grand Prize winner will be notified by email or phone on or around October 16, 2013. In the event of a tie in the number of votes received, the Finalist whose Submission received the highest score for the "Creativity/Originality of Submission" category during the Finalist Determination, will be deemed the potential Grand Prize winner. Votes received from any person or email address in excess of the stated number will be void. Finalists are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, trading votes, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to select an alternate Grand Prize winner or modified the Grand Prize Winner determination procedure should the voting appear to have been tampered with or manipulated in any way.

    Instant Win Game Winner Determination: There will be 100 random, computer-generated winning times during the Public Voting Period. If you are the first player to play the Instant Win Game at or after one of the randomly-generated times, you will be a potential instant winner of the prize indicated.

  8. ALL POTENTIAL INSTANT WIN GAME WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE PROMOTION SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY, AND THE POTENTIAL WINNING PLAY HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY/ENTRY AND IS VOID AND WILL NOT BE HONORED.
  9. Winner Requirements: Except where prohibited, the potential Grand Prize winner (parent/legal guardian if a winner is a minor in his/her place of residence) will be required to sign and return a Declaration of Compliance, Liability and Publicity Release, which must be received by Administrator within three (3) days of the date notice or attempted notice is sent, in order to claim his/her prize. If the potential Grand Prize winner cannot be contacted, or fails to execute and return the Declaration of Compliance, Liability and Publicity Release potential winner forfeits the prize. If the potential Grand Prize winner is disqualified for any reason, an alternate winner will be selected by the qualified judges based on the next highest number of votes. If a potential Instant Win Game winner is disqualified for any reason, an alternate winner will be selected through a random drawing from among all eligible entries. Only three (3) alternate winners will be determined for any prize, after which the applicable prize may remain un-awarded. Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Promotion.

    Acceptance of any prize shall constitute and signify winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photo, Submission, and/or prize information in connection with the Promotion for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, the Grand Prize winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to his/her Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. The Grand Prize winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Finalists will indemnify Sponsor, Released Parties and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.

  10. Prizes:
    • a. Contest: ONE (1) CONTEST GRAND PRIZE: The Grand Prize includes (1) A custom 8 foot carved statue of the winner based on photos submitted by winner (all features determined by Sponsor in its sole discretion); (2) a $3,540 check, which is intended to help offset any federal or state tax obligation; (3) a 22.5'' Kettle Grill; and (4) a pregame tailgate experience; (5) a trip for winner and three guests to winner's choice (subject to availability) of football game (the Approximate Retail Value ("ARV") of each game ticket may not exceed $1,000) (herein, the "Event") during the weekend of December 7th, 2013 (travel must be on or around December 5, 2013 – December 7, 2013).

      Trip package includes round trip, coach-class air transportation for four (4) from a major airport near winner’s home (determined by Sponsor in its sole discretion) to an airport near the winner's choice of game (subject to availability); two (2) nights' accommodations at a hotel determined by Sponsor in its sole discretion (two standard rooms, double occupancy); ground transportation to and from airport and hotel; four (4) tickets to the Event. Winner must travel on the dates determined by Sponsor in its sole discretion or prize will be forfeited. Notwithstanding the foregoing, Sponsor will make reasonable efforts to select travel dates acceptable to winner. Travel must be round trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in this Contest, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs associated with prize acceptance and use not expressly stated in the package description above as being awarded, including but not limited to, ground transportation, meals, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Unless child of winner, travel companion must be eighteen (18) years of age or older as of the date of departure or a sibling/friend of winner with the appropriate parental permissions and releases and must travel on same itinerary and at the same time as the winner. If winner is a minor in his/her state of residence, travel companion must be winner’s parent/legal guardian. Travel companion (or, if minor, such minor’s parent or legal guardian) must execute liability/publicity releases prior to issuance of travel documents. Winner and guest must travel together on the same itinerary and are responsible for obtaining all necessary travel documents. Travel restrictions, conditions and limitations may apply. If in the judgment of Sponsor air travel is not required due to winner’s proximity to prize location, ground transportation will be substituted for round trip air travel at Sponsor’s sole discretion and no compensation or substitution will be provided for difference in prize value. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor is not responsible if the Event is delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion. Tickets are subject to terms and conditions specified thereon. Seat locations will be determined by Sponsor. Winner and guests must comply with all venue rules and regulations. Failure to do so may result in such prize element. Exact details of pregame tailgate experience will be determined by Sponsor in its sole discretion and may vary based on game selected by winner. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value. ARV of the Grand Prize: $21,053.

    • b. Instant Win Game:FIFTY (50) INSTANT WIN GAME FIRST PRIZES: $50 ESPN Insider Access digital gift code. FIFTY (50) INSTANT WIN GAME SECOND PRIZES: $50 Kingsford digital gift codes to be used at http://store.kingsford.com/. Odds of winning an Instant Win Game prize depend on the number of prizes available divided by the number of eligible Instant Win Game plays. ARV of each Instant Win Prize: $50. ARV of all Instant Win Prizes is $5,000.

    For All Prizes Winners of the ESPN Insider Access digital gift codes may elect to receive the prize as a $50 digital Visa gift card code. Terms and conditions of digital gift codes apply. ESPN Insider Access digital gift code expires by December 31, 2013. Kingsford digital gift code expires by September 24, 2014. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. Sponsor and Administrator are not responsible for complaints or issues regarding codes (claims that code is invalid, insufficient, etc.) and winner should address any such issues with the issuer of the code. Prizes are non-transferable and no substitution or cash redemption will be made unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a prize or a portion thereof for one of comparable or greater value, at its sole discretion. Winners are responsible for all taxes and fees associated with prize receipt and/or use. All prize details are at Sponsor’s sole discretion. Limit: One (1) Contest Prize and one (1) Instant Win Prize per person. All prize details are at Sponsor’s sole discretion.

  11. Release: By receipt of any prize, each winner agrees to release and hold harmless Sponsor, ESPN Internet Ventures, TPN, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent and affiliate companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.
  12. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. In such event, Sponsor may, in its sole discretion, determine the Contest winner from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above, and Sponsor reserves the right to award the Instant Win Game prizes at random from among the eligible entries received up to the time of the impairment. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or those of any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
  13. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Promotion-related materials; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize. Released Parties are not responsible for any unauthorized third party use of any Submission. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Instant Win Game play, if it is possible. If the Instant Win Game, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
  14. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
  15. Entrant’s Personal Information: Information collected from entrant is subject to Sponsor’s Privacy Policy http://www.thecloroxcompany.com/legal/privacy/en-us/ and Administrator’s Privacy Policy http://www.eprize.com/privacy-policy.
  16. Winner List: For a winner list, visit http://bit.ly/185r0AZ. The winner list will be posted after winner confirmation is complete.
  17. © 2013 ePrize, Inc. All rights reserved.

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