Bumble Bee Instagram

Winning Lunch Giveaway Official Rules (“Official Rules”)

Date: 12/7/2020                                                                                            

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING. INTERNET ACCESS IS REQUIRED TO ENTER. MUST BE 18 YEARS OF AGE OR OLDER AT TIME OF ENTRY.  MUST HAVE OR OPEN AN ACCOUNT ON INSTAGRAM.COM.  VOID WHERE PROHIBITED BY LAW.

1. Eligibility and How to Enter:

Giveaway: Bumble Bee Foods, LLC dba The Bumble Bee Seafood Company and its affiliates (“Bumble Bee”) is conducting the Winning Lunch Giveaway (the “Promotion”) on Instagram®.  Five (5) random winners (“Winners”) will be selected from the entrants who follow Bumble Bee at the Instagram handle @bumblebee, like the Promotion photo announcement on Instagram® (“Promotion Photo”) and tag two (2) other Instagram users,  accordance with these Official Rules (“Giveaway Entry”).

1. Eligibility.

Persons entering the Promotion (“Entrant”) must be eighteen (18) years of age or older at the date of entry and a legal resident of the United States of America. Entrant cannot be an employee of Bumble Bee, its advertising and promotional agencies (collectively “Promotion Parties”), or members of their respective immediate families. “Immediate families” is defined as parent, siblings, child or spouse, regardless of where they reside. Entries must be made by a human user and by his/her manual keystrokes and not by any automated means. If it is discovered by Bumble Bee (using any evidence or other information made available to or otherwise discovered by Bumble Bee) that any person has attempted to use multiple names, identities, other accounts, and/or any  macros, script, robotic, illicit means or other system(s) or program(s) to enter or otherwise participate in or disrupt this Promotion, then he/she will be disqualified and all of his/her submitted entries will be judged void from the Promotion in the sole and absolute discretion of Bumble Bee. Bumble Bee reserves the right, in its sole and absolute discretion, to disqualify any Entrant, should an Entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information. All entries must be submitted by the individual Entrant submitting his/her personal information and not by any other person, group or organization or by an individual on behalf of another individual. Entries that are late, lost,  illegible, contain false information, damaged, misdirected, falsified, destroyed, mechanically reproduced, garbled or incomplete, altered or otherwise irregular, or do not conform with or satisfy any or all of the conditions set out in the Official Rules, as determined by Bumble Bee in its sole and absolute discretion, will be judged void and disqualified. Groups, clubs, organizations, business and commercial and non-commercial entities cannot participate. This promotion is intended for play in the United States of America only and shall be construed and evaluated according to United States law.

Entrant is responsible for being aware of the legality in Entrant’s home state. No purchase necessary. The Promotion is subject to all applicable federal, state and local laws and regulations. Eligibility restrictions apply.  Void where prohibited by law.

1. How to Enter.

Giveaway Entry:

Submit a Giveaway Entry for a chance to win a prize (“Prize”) in the Promotion. To enter, follow Bumble Bee at the Instagram handle @bumblebeefoods, like the Promotion photo and tag two (2) other Instagram users in the comments section. Bumble Bee will rely on information from Instagram® as to the name on the account used to submit the Entry in case of ambiguity. Limit one (1) Giveaway Entry per Entrant.

2. Agreement to the Official Rules: By participating in the Promotion, the Entrant agrees to be fully and unconditionally bound by the Official Rules, and represents and warrants that Entrant meets all the eligibility requirements. In addition, Entrant agrees to accept the decisions of Bumble Bee as final and binding as it relates to the content of the Promotion. By entering the Promotion, Entrant agrees that Bumble Bee may post Entrant’s Entry or any part thereof on its Facebook®, Twitter®, Instagram® accounts, its website, or anywhere else legally permitted. Bumble Bee does not guarantee the posting of any Entry. Entrant understands that Entrant’s Instagram®, account username and biographical data (as it appears on the Entry) may also be posted in connection with the Promotion. The Promotion is hosted by Bumble Bee Foods, LLC dba The Bumble Bee Seafood Company, which is in no way sponsored, endorsed, administered by, or associated with Instagram®.
3. Promotion Sponsor:

Bumble Bee Foods, LLC dba The Bumble Bee Seafood Company

280 Tenth Avenue

San Diego, CA 92101

4. Promotion Period: Entries will be accepted online starting on December 7, 2020 at 12 am PST and ending ­December 14, 2020, 11:59pm, PST for the Promotion (the “Promotion Period”). All online entries must be received by December 14, 2020, 11:59pm, PST. The selection of Winners will occur on December 15, 2020 (“Winner Selection Date”).

5. Disputes: THE PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. In the event of a dispute as to any registration or Entry, the authorized account holder of the email address associated with the email account used to register will be deemed to be the Entrant. The “authorized account holder” is defined as the natural person assigned to 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. The potential winner may be required to show proof of being the authorized account holder. Selected Entrant agrees to cooperate in any investigations by Bumble Bee to confirm his/her eligibility and to help ensure that any reference to such potential winner in advertising or publicity for the Promotion will not bring Bumble Bee into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Promotion or Bumble Bee as determined by Bumble Bee in its sole discretion. Except where prohibited by law, Entrant agrees that: (i) any and all disputes, claims and cause 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, (ii) any and all claims, judgments and awards shall be limited to actual out-of-pockets costs incurred, including costs associated with entering this Promotion, but in no event, attorneys’ fee; and (iii) under no circumstances will Entrant be permitted to obtain awards for, and Entrant 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 the official Rules, or the rights and obligations of the Entrant and Bumble Bee in connection with the Promotion, shall be governed by and construed in accordance with the laws of the United States of America without giving effect to any choice of law or conflict of law rules. If any provision of the Official Rules is unenforceable, the unenforceability of that provision will not affect the enforceability of the remaining provisions of the Official Rules.
6. Prizes:

Each Winner will receive the following Prize:

Total Promotion Prizes value: $412.95

All Prize details not specified in the Official Rules will be determined in Bumble Bee’s sole discretion. Without limiting the generality of the foregoing, the following general conditions apply to all Prizes: (i) the Prize must be accepted as awarded and it is not transferable, assignable or convertible to cash, and there can be no substitutions (except as may otherwise be specifically permitted by Bumble Bee in its sole and absolute discretion); (ii) Bumble Bee reserves the right at any time to: (a) place reasonable restrictions on the availability or use of Prizes or any component thereof; and (b) substitute the Prizes or a component thereof for any reason with a prize or a prize component of equal or greater value, including, without limitation, but solely at Bumble Bee’s sole discretion, a cash award. The specifics of Prizing shall be solely determined by Bumble Bee. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of the respective Winners.

7. Winners Selection and Notification:
   1. Winners Selection.

Five (5) Winners will be selected at random from all eligible Giveaway Entries received during the Promotion Period. ALL DECISIONS ARE FINAL.

1. Winners Notification. The Winners of the Promotion will be notified by Instagram® direct message(“DM”) within five (5) business days of the Winner Selection Date and following the selection of the Winners. Bumble Bee or its designated agent will make a minimum of three (3) attempts to contact the selected Entrant by DM.  Bumble Bee shall have no liability for the Winner’s failure to receive notices due to any computer security settings or for the Winner’s provision of incorrect or otherwise non-functioning contact information. If the Winner cannot be contacted within five (5) business days of the Winner Selection Dates, or there is a return of any notification as undeliverable, then he/she will be disqualified (and forfeit all rights to his/her prize) and Bumble Bee reserves the right, in its sole discretion, to randomly select an alternative eligible Entrant from among the remaining eligible Entries received in accordance with the Official Rules (in which case the foregoing provisions of this section shall apply to such newly selected Entrant). For greater certainty and avoidance of any doubt, Bumble Bee does not have the obligation to select an alternate eligible winner. Prior to being declared the confirmed Winner of a Prize, the eligible selected Entrant will be required to sign and submit the Bumble Bee’s release form within five (5) days of the date indicated on the form, which (among other things): (a) confirms compliance with the Official Rules; (b) acknowledges acceptance of the Prize as awarded; and (c) releases Bumble Bee, and its respective affiliated and related companies and advertising and promotional agencies, and all of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Released Parties”) from any and all liability in connection with this Promotion, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof. If an eligible Winner fails to submit the properly executed Promotion documents; otherwise fails to comply with the Official Rules; and/or cannot accept a Prize for any reason, then he/she will be disqualified and will forfeit all rights to the Prize. As noted above, in such event, Bumble Bee does not have the obligation to select an alternate eligible Winner. Receipt by the Winner of the Prizing offered in the Promotion is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THE OFFICIAL RULES BY THE WINNER (AT BUMBLE BEE’S SOLE AND ABSOLUTE DISCRETION) WILL RESULT IN THE WINNER’S DISQUALIFICATION AS THE WINNER OF THE PROMOTION, AND ALL PRIVILEGES AS THE WINNER WILL BE IMMEDIATELY TERMINATED.

8. Privacy Policy: To the extent permitted by law, upon entering this Promotion, each Entrant agrees to Bumble Bee’s use of his/her personal information (including personally identifying such name, address, telephone number, etc.) as described in its Privacy Policy located at bumblebee.com/about-us/privacy. Except where prohibited by law, the Winner grants (and agrees to confirm this grant in writing, if requested) permission for Bumble Bee and those acting under its authority to use his/her name, photograph, voice and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereafter invented without limitation and without compensation. If an Entrant is selected as the Winner, Entrant’s information may be included in a publicly-available winner’s list. The Entrant’s personal information is collected solely for the purpose of administering this Promotion.
9. Rights Granted by Entrant: By submitting an Entry, the Entrant represents and warrants to Bumble Bee that the Entry and everything depicted in the Entry are wholly original and do not infringe upon or otherwise violate any right of any person, entity, or any law, rule or regulation. Violation or breach of these representations or warranties may subject Entrant to penalties and damages under applicable law.  If the content of Entrant’s entry is claimed to constitute infringement of any proprietary or intellectual property rights of any third party, Entrant shall, at Entrant’s sole expense, defend or settle against such claims. Entrant shall indemnify, defend, and hold harmless Bumble Bee and its affiliates from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Bumble Bee  may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
10. Terms and Conditions: Bumble Bee reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion should virus, bug, non-authorized human intervention, fraud, or other cause beyond Bumble Bee’s control corrupt or affect the administration, security, fairness, or proper conduct of the Promotion. In such case,Bumble Bee may select the Winner from all eligible Entries received prior to and/or after (if appropriate) the action taken by Bumble Bee. Bumble Bee reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Promotion or website or violates these terms and conditions. Bumble Bee has the right, in its sole discretion, to maintain the integrity of the Promotion, to void Entries for any reason. Any attempt by an Entrant to deliberately damage any website or undermine the legitimate operation of the Promotion may be a violation of criminal and civil laws. Should such attempt be made, Bumble Bee reserves the right to seek damages to the fullest extent permitted by law. Bumble Bee will not construe or apply the Official Rules in a manner that interferes with, restrains, or prevents employee communications regarding wages, hours or other terms and conditions of employment.  In the event of any discrepancy or inconsistency between the terms and conditions of the Official Rules and disclosures or other statements contained in any Promotion related materials, including, but not limited to: point of sale, television, print or online adverting; the Official Rules shall prevail, govern and control.
11. Release of Liability: Bumble Bee shall not accept any responsibility for loss, damage or claims caused by the awarded Prize(s) or the Promotion itself. By entering, Entrants release and hold harmless the Released Parties from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the Promotion or use or misuse of the Prize.
12. Limitation of Liability: The Released Parties are not responsible for: (i) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (ii) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iii) unauthorized human intervention in any part of the entry process or the Promotion; (iv) technical or human error, which may occur in the administration of the Promotion or the processing of entries; (v) late, lost, undeliverable, damaged or stolen mail; or (vi) any injury or damage to an Entrant’s or any other person’s computer or other electronic devices related to or resulting from downloading any materials for the Promotion all of which may affect a person’s ability to participate in the Promotion. 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 entry in the Promotion, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, the Bumble Bee, in its sole discretion, may elect to permit the entry, collect the required personal information from the Entrant. In no event will Bumble Bee be responsible or liable for more that the stated number of Prizes in the Official Rules.
13. Winners List: To obtain a copy of the Winners list or a copy of the Official Rules, mail your request along with a stamped, self-addressed envelope to: Bumble Bee Foods, LLC, 280 Tenth Avenue, San Diego, CA 92101, Attn: Consumer Marketing. Requests must be received no later than January 15, 2021.