WING IT UP WEDNESDAY SWEEPSTAKES

Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.

VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

BY ENTERING THE SWEEPSTAKES, YOU (“ENTRANT”) AGREE TO THESE OFFICIAL RULES, WHICH FORM A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITY OBLIGATIONS ON THE PART OF ENTRANT AND A LIMITATION OF ENTRANT'S RIGHTS AND REMEDIES.

ELIGIBILITY: Open only to foodservice operators in the fifty (50) United States and Washington, D.C. and who are the age of majority in their state of residence at the time of entry. Employees, officers and directors of Tyson Foods, Inc. (“Sponsor”), Marden-Kane, Inc. (“Administrator”), their subsidiaries, affiliates, advertising, promotion and other agencies (collectively, the “Sweepstakes Entities”), and their immediate family members and/or those living in the same household of each are not eligible to participate.  All federal, state, and local laws and regulations apply.  By participating and/or accepting a prize, Entrants agree to be bound by these Official Rules and to accept decisions of the Sponsor as final and binding in all matters relating to this Sweepstakes.

SWEEPSTAKES PERIOD:  The Wing It Up Wednesday Sweepstakes (the “Sweepstakes”) submission period begins on March 1, 2023 at 12:00:01 AM Central Time (“CT”) and ends on March 31, 2023 at 11:59:59 PM CT (the “Sweepstakes Period”).  Sponsor’s clock will be the official timekeeping device for the Sweepstakes.

HOW TO ENTER:  To enter the Sweepstakes, Entrants who complete the entry form on Jebbit at ([INSERT URL]) will receive one (1) entry into the Sweepstakes (“Entry”). *To earn an additional five (5) Entries, Entrants can upload a photo of your operation’s wing promotion. All Entries will be deemed made by the authorized Entrant registered on the Entry Form and submitted at the time of entry.  

As an alternative mode of entry (“AMOE”), you may send an email to foodservicemarketing@tyson.com, with “Wing It Up Wednesday Sweepstakes” in the subject line, and provide your first and last name, your address, your email address, your phone number, your job title, and business name.  While only one AMOE is allowed per individual, if you upload a photo of your operation’s wing promotion, you’ll earn an additional five (5) Entries.

SUBMISSION REQUIREMENTS: An original photo taken by the Entrant must be in JPG, GIF or PNG format, should be a minimum of 300 dpi and 10  MB in size.  Submissions must include the following elements to be eligible:

• Must feature wing promotion signage.  Examples include, but are not limited to, a tabletop sign, a window cling, poster, chalkboard sign.   
• The photo submitted can depict only one (1) image and not be a collage of multiple photos.

The Submission may not contain, as determined by the Sponsor, in its sole discretion, any content that:

a. contains any personal information;

b. reproduces, modifies, enhances or alters a third party’s pre-existing work;

c. violates the rights of any third party, including, but not limited to copyright. For example, your Photo must not defame, infringe or violate publicity or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s, entity’s or organization’s personal or proprietary rights, including but not limited to, intellectual property rights;

d. has not been published previously, used commercially, submitted to another competition or sweepstakes, or won any other award;

e. is not in “good taste” and in keeping with the Sponsor’s brand image and must not be explicit, offensive, obscene, or profane, and must not be derogatory toward any ethnicity, race, gender, sexual orientation, religion, profession, or age group, or promote any activities that may be unsafe or dangerous, as determined by the Sponsor, in its sole and absolute discretion;

f. contains any commercial content that promotes any product or service other than Operator’s wings;

g.  defames, misrepresents or contains disparaging remarks about Sponsor or its products;

h.  is not false, inaccurate or misleading;

i.  violates any law or regulation;

j.   libelous, threatening or harassing;

k.  instigates others to commit illegal activities or violate human rights; and

l.  contains any viruses, worms, or other interfering computer programming.

Submission of an Entry grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish and use the Entry in any way, in any and all media, without limitation, and without consideration to the Entrant. Sponsor reserves the right to alter, change or modify any Entry, in its sole discretion. Except where prohibited by law, by submitting an Entry, you grant to Sponsor and its affiliated companies, the right, to use your first name and last initial, likeness, and address (state only). You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (state), email address, or entry.

Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Sweepstakes Period, to request that any entrant resubmit his or her Entry which fails to comply with the Entry requirements. By entering, you, the Entrant, agree that your entry is gratuitous and made without restriction, and will not place Sponsor under any obligation and that Sponsor is free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.

By making a Submission, Entrant warrants and represents that he/she consents to the Submission and use of the Submission in the Sweepstakes and to its use as otherwise set forth herein.  All Submissions are subject to approval by the Sponsor which reserves the right to disqualify any Submission for any reason, in its sole and absolute discretion, including its determination in its sole discretion that a Submission fails to satisfy any of the above requirements.

Entries become the property of the Sponsor and will not be acknowledged or returned.

PRIZE DRAWINGS:  Administrator will conduct a random drawing to select thirty-one (31) winners from among all eligible entries submitted during the Sweepstakes Period on or around April 14, 2023.  

PRIZES:  Thirty one (31) Grand Prize Winners (“Winners”) will each receive $500 cash in the form of a check, made payable to the Entrant listed on the registration form.  Total approximate retail value of all prizes is $15,500.

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 Winners. A 1099 tax form (preceded by a W9 Form) may be issued to the Sweepstakes Winners.

Prizes are non-transferable. No cash redemptions or substitutions permitted, except by Sponsor, who may, in its sole discretion, substitute a prize, or any portion thereof, of equal or greater value. 

By entering, Entrants agree to abide by and be bound by the Official Rules, Sponsor's privacy policy, site usage terms, and by the decisions of the judges, which shall be final and binding in all matters relating to the Sweepstakes.

WINNER NOTIFICATION/VERIFICATION: Potential prize winners will be notified between April 14 and May 12, 2023 via the email or phone number given by Entrant at the time of their Entry.  Potential prize winners may be required to complete, sign and return an affidavit of eligibility, liability release and (where lawful) a publicity release.  Failure to complete the additional eligibility requirements within five (5) days of receiving notification of being a potential prize winner or return of any prize notification as undeliverable, will result in disqualification.

FACEBOOK:  This Sweepstakes is not endorsed or certified by Facebook or Meta Platforms, Inc. All Facebook logos and trademarks displayed on this Sweepstakes are property of Meta Platforms, Inc. All questions, comments or complaints regarding the Sweepstakes should be directed to Administrator at the address listed below and not to Meta Platforms, Inc.

INSTAGRAM:  This Sweepstakes is not endorsed or certified by Instagram or Meta Platforms, Inc. All Instagram logos and trademarks displayed on this Sweepstakes are property of Meta Platforms, Inc. All questions, comments or complaints regarding the Sweepstakes should be directed to Administrator at the address listed below and not to Meta Platforms, Inc.

RELEASE: By entering the Sweepstakes, entrants do hereby release, indemnify and hold harmless Sponsor, Administrator, and Meta Platforms, Inc. and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and each of their respective parent 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 from or in connection with participation in the Sweepstakes, or the acceptance, possession, use or misuse of any prize.

GENERAL CONDITIONS:  Sponsor reserves the right to terminate, cancel, suspend and/or modify the Sweepstakes if any fraud, virus, technical failures or any other factor corrupts the administration, security, or proper play of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right to award only the number of prizes stated in these Official Rules. No more than the number of prizes stated in these Official Rules will be awarded. The Released Parties are not responsible for lost, late, stolen, illegible, misdirected, or non-delivered entries or email; or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website or other connections availability, accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, satellite, or cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information.

LIMITATIONS OF LIABILITY:  The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by Website users, or by any equipment or programming associated with or utilized in the Sweepstakes and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of Website. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds may be tampering with the entry process or operation of the Sweepstakes or Website, may be acting in violation of the terms of the Website or may be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Any attempt to deliberately damage any Website or undermine the legitimate operation of the Sweepstakes is unlawful and subject to legal action by Sponsor or its agents. IN NO EVENT WILL SPONSOR, ITS AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR SWEEPSTAKES AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT'S ACCESS TO AND USE OF THE SWEEPSTAKES INTERNET SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by appropriate courts in the State of Arkansas; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, 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. By entering, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of State of Arkansas, without giving effect to any choice of law or conflict of law rules.  By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located in Washington County, Arkansas.

PRIVACY POLICY: Any personally identifiable information collected during an entrant's participation in this Sweepstakes will be collected by Sponsor and used by Sponsor, their respective affiliates, agents and marketers only for purposes of the proper administration and fulfillment of the Sweepstakes as described in these Official Rules. Sponsor's privacy rules may be viewed at http://www.tyson.com/Corporate/PrivacyPolicy.aspx. 

SPONSOR: Tyson Foods, Inc., 2200 W. Don Tyson Parkway, Springdale, AR  72762.

ADMINISTRATOR:   Marden-Kane Inc., 575 Underhill Blvd, Suite 222, Syosset, NY 11791