Win Free Jerky for a Year
“Win Free Jerky for a Year” Sweepstakes
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN THIS
SWEEPSTAKES. A PURCHASE OR PAYMENT OF MONEY WILL NOT IMPROVE THE CHANCES OF
WINNING. THE SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY,
OR ASSOCIATED WITH ANY SOCIAL MEDIA PLATFORM INCLUDING WITHOUT LIMITATION X
(FORMALLY TWITTER), OR INSTAGRAM FROM META (“SOCIAL MEDIA PLATFORM(S)”).
The “Win Free Jerky for a Year” Sweepstakes (the “Sweepstakes”) is intended for legal residents
of the United States of America (“USA”) and shall only be construed and evaluated according to
applicable USA law and applicable state law. Do not enter this Sweepstakes if you are not a USA
resident or are otherwise ineligible to enter in accordance with these Official Rules at the time
of entry.
SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored by BeefCake Jerky Co, 9500 W.
Dodge Rd, Suite 100, Omaha, Nebraska 68144 (the “Sponsor”) and administered by American
Sweepstakes & Promotion Co., Inc., 300 State St. Suite 402, Rochester, NY 14614 (the
“Administrator”).
ELIGIBILITY: The Sweepstakes is open to legal residents of the USA who are at least eighteen
(18) years of age or have reached the age of majority in their respective state of residence at
the time of entry (the “Entrants”). The Sponsor, the Administrator, their respective parent
companies, employees, officers, directors, subsidiaries, affiliates, distributors, sales
representatives and advertising and promotional agencies, and the officers, directors, agents,
and employees of each of the foregoing (collectively, the “Released Parties”), and members of
their immediate families (defined as including spouse, biological, adoptive and step-parents,
grandparents, siblings, children, and grandchildren, and each of their respective spouses,
regardless of where they reside) or households (whether related or not) of any of the above are
NOT eligible to participate in this Sweepstakes. Non-eligibility or non-compliance with any of
these Official Rules will result in disqualification. Void where prohibited or restricted by law.
(For the avoidance of doubt, any references in these Rules to Entrants shall also include the
Entrant who is deemed the Winner (as defined below)).
AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by
these Official Rules and the decisions of the Sponsor, which are final and binding in all matters
relating to the Sweepstakes. Winning the Grand Prize (as defined below) is contingent upon
fulfilling all requirements set forth herein.
HOW TO ENTER: The Sweepstakes begins at 12:00:01 p.m. Eastern Standard Time (“EST”) on
June 1, 2024 and ends at 11:59:59 p.m. EST on December 1, 2024 (“Sweepstakes Period”). The
Sponsor’s database computer is the official time-keeping device for the Sweepstakes
1. Via social media - In order to obtain one (1) Sweepstakes entry, an Entrant must
complete EACH of the following steps of entry:
(a) Follow @beefcakejerky on Instagram or X.
(b) Using a personal Instagram or X account, post a photo or video of a Sponsor’s
BeefCake Jerky product. Each Instagram or X post counts as one (1) new entry to the
Sweepstakes. To be eligible, Entrants must tag @beefcakejerky in their post and use
the hashtag, #BCJSweepstakes within the post.
By completing each of the above steps, an Entrant will receive one (1) Sweepstakes entry.
If you do not have an Instagram or X account, establishing an account is free. All Instagram and
X Terms apply. By submitting an Entry via Instagram or X, each Entrant consents to receive from
the Sponsor an Instagram or X comment or direct message, or if applicable, an email notifying
such Entrant that he/she is a potential Prize Winner. Entrants will be required to have a public
Instagram or X. Entries made by a private Instagram or X account will not be recognized. In
addition, Entrants must enter the Sweepstakes using a personally registered Instagram. Any
Entrant found to be using the Instagram or X account of a group, company, or other association,
may be disqualified at the sole discretion of the Administrator. The Released Parties are not
responsible for late, incomplete, delayed, undelivered, or misdirected entries. By participating,
you consent to Sponsor’s, Administrator’s, and any of their respective agents’ use of your
personal information and entry post(s) for the administration of this Sweepstakes.
If the entry contains any material or elements that are not owned by the Entrant or provided by
the Sponsor, and/or are subject to the rights of third parties, the Entrant is responsible for
obtaining, prior to submission of the entry, any and all releases and consents necessary to
permit the use and exhibition of the entry by the Sponsor and any of the Released Parties
(defined below) in the manner set forth in these Official Rules, including, without limitation,
name and likeness releases for any person (or, if a minor, from their parent or legal guardian)
who appears in or is identifiable in the entry (collectively, the “Clearances”).
By submitting an entry, each Entrant: 1) irrevocably grant the Released Parties (defined below)
and their licensees, successors and assigns, a royalty-free non-exclusive perpetual license
throughout the world to use, re-use, copy, publish, republish in whole or in part, edit, add to,
modify, and rearrange the entry (and all elements embodied therein), including Entrant’s name,
handle, biographical information, voice, performance, image, or other likeness, in whatever
media, including without limitation to edit, rearrange, and/or copy the entry for use in the
Sweepstakes of the Released Parties’ products and services, without further permission,
consideration or payment to the Entrant, except where prohibited; 2) warrants and represents
that the Entry is entirely the original creation/work of the Entrant and that use of the Entry as
described herein will not violate any law or infringe upon the rights, title, claim, or interest of
any third party; and 3) certify that Entrant is the creator and sole copyright owner of the Entry.
Entries may not contain any image or depiction of the following: (i) materials which include or
constitute trademarks, trade names, or copyrighted works created or owned by any person or
entity other than Entrant or for which the Entrant has obtained owner’s written permission to
use (Sponsor discretion); (ii) materials bearing profanities, or bearing the name or likeness of
any celebrity, living or dead; (iii) materials which contain visible identifiable or potentially
identifiable information, including but not limited to, phone numbers, website links, street
addresses, email addresses, or license plate numbers; (iv) inappropriate behavior for a general
audience; (v) any depiction of real or simulated sexual acts; (vi) violence in any form; (vi)
materials which violate anyone’s reasonable privacy expectations, violate any known
agreement, or which are defamatory in nature; (viii) materials which are derogatory to the
Released Parties, or any affiliated entity or person; (ix) materials which are discriminatory based
on race, religion, national origin, physical disability, age, sex, or sexual orientation or
preference; (x) materials in which any person identifiably appears unless Entrant has obtained
an appropriate written release from such person granting all rights required herein; (xi)
materials in which any minor person identifiably appears unless Entrant has obtained an
appropriate written release from that minor subject’s parent and/or guardian granting all rights
required herein; and (xii) materials which do not comply with all other requirements in these
Official Rules. Entries that do not conform to these guidelines will be disqualified. Sponsor
reserves the right to reject or disqualify any entry which Sponsor, in its sole and absolute
discretion, determines to be inconsistent with the letter or spirit of the Official Rules or
potentially damaging to it, the Sweepstakes’, the Sweepstakes Entities’, and/or another’s image
or reputation.
2. Via Mail - During the Sweepstakes Period, Entrants can obtain Sweepstakes entries by
legible hand-printing, on a 3”x 5” card or paper, their full name, complete mailing
address, phone number, date of birth, email address, and a brief description (at least 25
words) on what winning the Grand Prize would mean to you, mailing the card in a #10
business-sized envelope, with proper postage affixed, to: BeefCake Jerky Sweepstakes,
PO Box 036, Macedon, NY 14502-0036 (the “Mail-In Entry”). All entries must be received
by December 1, 2024. Each mail-in entry received with be worth one (1) Sweepstakes
entry.
LIMIT ONE (1) ENTRY PER ENTRANT, REGARDLESS OF METHOD. By participating, you consent to
Sponsor’s and its agents’ use of your personal information for the administration of this
Sweepstakes. All information submitted by Entrants will be treated according to Sponsor’s
Privacy Policy, available at https://beefcakejerky.com/pages/privacy-policy. By entering the
Sweepstakes and providing their email address and other contact information, Entrants hereby
agree to Sponsor’s collection and usage of their personal information and acknowledge that
they have read and accepted Sponsor’s Privacy Policy.
GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is
impaired or incapable of running as planned for any reason, including but not limited to (i)
infection by computer virus, bugs, (ii) tampering, unauthorized intervention, (iii) fraud, (iv)
technical failures, or (v) any other causes beyond the control of the Sponsor which corrupt or
affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes,
the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers
with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole
or in part, at any time, without notice and award the Prize (defined below) using all non-suspect
eligible entries received as of, or after (if applicable) this cancellation, termination, modification
or suspension date, or in any manner that is fair and equitable and best conforms to the spirit
of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any
individual deemed to be tampering or attempting to tamper with the entry process or the
operation of the Sweepstakes or Sponsor’s Website; or acting in violation of these Official Rules
or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE
LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS
AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSOR RESERVES THE RIGHT TO SEEK
DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT
TO THE FULLEST EXTENT PERMITTED BY LAW.
Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a
waiver of that provision. In the event of a dispute as to the identity of a Winner based on an
email address, the winning entry will be declared by the authorized account holder of the email
address associated with the registration in question. "Authorized account holder" is defined as
the natural person who is assigned to an email address by an Internet access provider, online
service provider or other organization (e.g., business, educational, institution, etc.) that is
responsible for assigning email addresses for the domain associated with the submitted email
address.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree
to release and hold harmless the Released Parties and Social Media Platforms from and against
any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of
any Prize, including, but not limited to: (i) any technical errors that may prevent an Entrant
from submitting an entry; (ii) unauthorized human intervention in the Sweepstakes; (iii) printing
errors; (iv) errors in the administration of the Sweepstakes or the processing of entries; or (v)
injury, death, or damage to persons or property which may be caused, directly or indirectly, in
whole or in part, from Entrant’s participation in the Sweepstakes or receipt of the Prize (defined
below). Released Parties assume no responsibility for 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. Released Parties are not
responsible for any problems or technical malfunction of any telephone network or telephone
lines, computer online systems, servers, or providers, computer equipment, software, 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 Website, 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 Sweepstakes or downloading any materials in this Sweepstakes. Entrants
further agree that in any cause of action, the Released Parties’ liability will be limited to the cost
of entering and participating in the Sweepstakes, and in no event shall the Released Parties be
liable for attorney fees. Entrants waive the right to claim any damages whatsoever, including,
but not limited to, punitive, consequential, direct, or indirect damages. For New Jersey
Residents: nothing herein bars recovery of damages or attorneys’ fees where mandated by
statute.
Except as expressly provided above, IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR
LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF
PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF,
OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE.
By participating, Entrants release and agree to hold harmless the Released Parties from any and
all liability for any injuries, death or losses or damages to persons or property AS WELL AS
CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY
that may arise from participating in this Sweepstakes or its related activities or the acceptance,
possession, use or misuse of, or any harm resulting from the acceptance, possession, use or
misuse of a Prize. Released Parties are not liable in the event that any portion of the
Sweepstakes is cancelled due to weather, fire, strike, acts of war or terrorism, pandemic, or any
other condition beyond their control.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE
CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE USA
ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
DRAWING AND NOTIFICATION: The potential Prize Winner will be selected in a random
drawing conducted by the Administrator. The Prize drawing will be conducted on or about
December 9, 2024. Odds of winning the Grand Prize will depend on the total number of eligible
entries received throughout the Sweepstakes Period. The potential Grand Prize Winner will be
contacted by the Sponsor or Administrator via phone, email, and/or USPS mail.
GRAND PRIZE: There will be one (1) Grand Prize available. The Grand Prize Winner (“Winner”),
upon the Administrator’s confirmation of eligibility, will receive twenty-four (24) bags of beef
jerky per month for twelve (12) months (“Prize” or “Grand Prize”). The Approximate Retail
Value (“ARV”) of the Grand Prize is $1,294.56. The value of the Prize set forth above represents
Sponsor’s good faith determinations of the ARV thereof and such determinations are final and
binding and cannot be appealed. If the actual value of a Prize is lower than the stated ARV
when a Prize is procured and fulfilled, then the difference will not be awarded.
All other expenses associated with Grand Prize acceptance or usage not mentioned herein are
the sole responsibility of the Grand Prize Winner.
NOTE: Substitution, assignment or transfer of a Prize is not permitted, except by Sponsor,
who reserves the right to substitute a Prize with another of equal or greater value.
ADDITIONAL PRIZE CONDITIONS: By accepting the Grand Prize, the Winner agrees to release
and hold harmless the Released Parties from and against any claim or cause of action arising
out of participation in the Sweepstakes or receipt or use of the Prize. The potential Winner
must sign and return to the Administrator, within seven (7) days of the date of notice or
attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim
the Prize. Note: The Affidavit sent to a potential Winner will require that the Winner provide
their Social Security Number to the Administrator, which will be used solely for tax reporting
purposes. The Winner will be responsible for all local, state, and federal taxes associated with
the receipt of the Prize. The Winner must note that the value of the accepted Prize is taxable as
income and an IRS Form 1099 will be filed in the name of the Winner for the value of the Prize.
The Winner is solely responsible for all matters relating to the Prize after it is awarded. If a Prize
or Prize notification is returned as unclaimed or undeliverable to the potential Winner, if a
potential Winner cannot be reached or does not comply with notification instructions within
three (3) business days from the first notification attempt, if a potential Winner fails to return
requisite document(s) within the specified time period, or if a potential Winner is not in
compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s
sole discretion, an alternate Winner may be selected.
By accepting the Prize, where permitted by law, the Winner grants to the Released Parties and
those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be
confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use
worldwide IN ALL MEDIA without limitation at any time their full name, portrait, picture, voice,
likeness and/or biographical information for advertising, trade and promotional purposes
without further payment or additional consideration, and without review, approval or
notification. The Winner also acknowledges that Released Parties have neither made nor are in
any manner responsible or liable for any warranty, representation, or guarantee, express or
implied, in fact or in law, relative to the Prize.
DISPUTES: All issues and questions concerning the construction, validity, interpretation and
enforceability of these Official Rules or the rights and obligations of Entrants, Administrator,
and Sponsor in connection with the Sweepstakes shall be governed by and construed in
accordance with the laws of the State of Nebraska, 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,
province’s, or jurisdiction’s laws. By participating in the Sweepstakes, Entrant agrees that: (i)
any and all disputes, claims, and causes of action arising out of or in connection with the
Sweepstakes, shall be resolved individually without resort to any form of class action; (ii) any
judicial proceeding shall take place in a court within the State of Nebraska; (iii) 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 will attorney fees be awarded
or recoverable; (iv) under no circumstances will Entrant be permitted to obtain awards for, and
Entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special
damages, lost profits, other damages, and/or any rights to have damages multiplied or
otherwise increased; and (v) Entrant’s remedies are limited to a claim for money damages (if
any) and he/she waives any right to seek injunctive or equitable relief.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not
affect the validity or enforceability of any other provision. If any provision of the Official Rules is
determined to be invalid or otherwise unenforceable, the other provisions will remain in effect
and will be construed as if the invalid or unenforceable provision were not contained herein.
MISCELLANEOUS: These Official Rules contain the full and complete understanding with
respect to the Sweepstakes and supersede all prior and contemporaneous agreements,
representations, and understandings, whether oral or written. The headings herein are for
convenience only, do not constitute a part of these Official Rules, and shall not be deemed to
limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of
these Official Rules shall be effective unless in writing and signed by both Sponsor and
Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules
shall not constitute a waiver of any other provision herein. The rights and obligations hereunder
may not be assigned by Entrants, whether by operation of law or otherwise, without the prior
written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be
null and void. These Official Rules shall be binding upon, and inure to the benefit of, the
permitted successors and assigns of Sponsor, Administrator, and Entrant.
WINNERS LIST REQUEST: To request confirmation of the first name, last initial, city, and state of
residence of the Winner, please send a self-addressed, stamped business size envelope, by
January 20, 2025 to: ASC/BeefCake Jerky For a Year Sweepstakes Winners List Request, 300
State St. Ste. 402, Rochester, NY 14614.
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN THIS
SWEEPSTAKES. A PURCHASE OR PAYMENT OF MONEY WILL NOT IMPROVE THE CHANCES OF
WINNING. THE SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY,
OR ASSOCIATED WITH ANY SOCIAL MEDIA PLATFORM INCLUDING WITHOUT LIMITATION X
(FORMALLY TWITTER), OR INSTAGRAM FROM META (“SOCIAL MEDIA PLATFORM(S)”).
The “Win Free Jerky for a Year” Sweepstakes (the “Sweepstakes”) is intended for legal residents
of the United States of America (“USA”) and shall only be construed and evaluated according to
applicable USA law and applicable state law. Do not enter this Sweepstakes if you are not a USA
resident or are otherwise ineligible to enter in accordance with these Official Rules at the time
of entry.
SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored by BeefCake Jerky Co, 9500 W.
Dodge Rd, Suite 100, Omaha, Nebraska 68144 (the “Sponsor”) and administered by American
Sweepstakes & Promotion Co., Inc., 300 State St. Suite 402, Rochester, NY 14614 (the
“Administrator”).
ELIGIBILITY: The Sweepstakes is open to legal residents of the USA who are at least eighteen
(18) years of age or have reached the age of majority in their respective state of residence at
the time of entry (the “Entrants”). The Sponsor, the Administrator, their respective parent
companies, employees, officers, directors, subsidiaries, affiliates, distributors, sales
representatives and advertising and promotional agencies, and the officers, directors, agents,
and employees of each of the foregoing (collectively, the “Released Parties”), and members of
their immediate families (defined as including spouse, biological, adoptive and step-parents,
grandparents, siblings, children, and grandchildren, and each of their respective spouses,
regardless of where they reside) or households (whether related or not) of any of the above are
NOT eligible to participate in this Sweepstakes. Non-eligibility or non-compliance with any of
these Official Rules will result in disqualification. Void where prohibited or restricted by law.
(For the avoidance of doubt, any references in these Rules to Entrants shall also include the
Entrant who is deemed the Winner (as defined below)).
AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by
these Official Rules and the decisions of the Sponsor, which are final and binding in all matters
relating to the Sweepstakes. Winning the Grand Prize (as defined below) is contingent upon
fulfilling all requirements set forth herein.
HOW TO ENTER: The Sweepstakes begins at 12:00:01 p.m. Eastern Standard Time (“EST”) on
June 1, 2024 and ends at 11:59:59 p.m. EST on December 1, 2024 (“Sweepstakes Period”). The
Sponsor’s database computer is the official time-keeping device for the Sweepstakes
1. Via social media - In order to obtain one (1) Sweepstakes entry, an Entrant must
complete EACH of the following steps of entry:
(a) Follow @beefcakejerky on Instagram or X.
(b) Using a personal Instagram or X account, post a photo or video of a Sponsor’s
BeefCake Jerky product. Each Instagram or X post counts as one (1) new entry to the
Sweepstakes. To be eligible, Entrants must tag @beefcakejerky in their post and use
the hashtag, #BCJSweepstakes within the post.
By completing each of the above steps, an Entrant will receive one (1) Sweepstakes entry.
If you do not have an Instagram or X account, establishing an account is free. All Instagram and
X Terms apply. By submitting an Entry via Instagram or X, each Entrant consents to receive from
the Sponsor an Instagram or X comment or direct message, or if applicable, an email notifying
such Entrant that he/she is a potential Prize Winner. Entrants will be required to have a public
Instagram or X. Entries made by a private Instagram or X account will not be recognized. In
addition, Entrants must enter the Sweepstakes using a personally registered Instagram. Any
Entrant found to be using the Instagram or X account of a group, company, or other association,
may be disqualified at the sole discretion of the Administrator. The Released Parties are not
responsible for late, incomplete, delayed, undelivered, or misdirected entries. By participating,
you consent to Sponsor’s, Administrator’s, and any of their respective agents’ use of your
personal information and entry post(s) for the administration of this Sweepstakes.
If the entry contains any material or elements that are not owned by the Entrant or provided by
the Sponsor, and/or are subject to the rights of third parties, the Entrant is responsible for
obtaining, prior to submission of the entry, any and all releases and consents necessary to
permit the use and exhibition of the entry by the Sponsor and any of the Released Parties
(defined below) in the manner set forth in these Official Rules, including, without limitation,
name and likeness releases for any person (or, if a minor, from their parent or legal guardian)
who appears in or is identifiable in the entry (collectively, the “Clearances”).
By submitting an entry, each Entrant: 1) irrevocably grant the Released Parties (defined below)
and their licensees, successors and assigns, a royalty-free non-exclusive perpetual license
throughout the world to use, re-use, copy, publish, republish in whole or in part, edit, add to,
modify, and rearrange the entry (and all elements embodied therein), including Entrant’s name,
handle, biographical information, voice, performance, image, or other likeness, in whatever
media, including without limitation to edit, rearrange, and/or copy the entry for use in the
Sweepstakes of the Released Parties’ products and services, without further permission,
consideration or payment to the Entrant, except where prohibited; 2) warrants and represents
that the Entry is entirely the original creation/work of the Entrant and that use of the Entry as
described herein will not violate any law or infringe upon the rights, title, claim, or interest of
any third party; and 3) certify that Entrant is the creator and sole copyright owner of the Entry.
Entries may not contain any image or depiction of the following: (i) materials which include or
constitute trademarks, trade names, or copyrighted works created or owned by any person or
entity other than Entrant or for which the Entrant has obtained owner’s written permission to
use (Sponsor discretion); (ii) materials bearing profanities, or bearing the name or likeness of
any celebrity, living or dead; (iii) materials which contain visible identifiable or potentially
identifiable information, including but not limited to, phone numbers, website links, street
addresses, email addresses, or license plate numbers; (iv) inappropriate behavior for a general
audience; (v) any depiction of real or simulated sexual acts; (vi) violence in any form; (vi)
materials which violate anyone’s reasonable privacy expectations, violate any known
agreement, or which are defamatory in nature; (viii) materials which are derogatory to the
Released Parties, or any affiliated entity or person; (ix) materials which are discriminatory based
on race, religion, national origin, physical disability, age, sex, or sexual orientation or
preference; (x) materials in which any person identifiably appears unless Entrant has obtained
an appropriate written release from such person granting all rights required herein; (xi)
materials in which any minor person identifiably appears unless Entrant has obtained an
appropriate written release from that minor subject’s parent and/or guardian granting all rights
required herein; and (xii) materials which do not comply with all other requirements in these
Official Rules. Entries that do not conform to these guidelines will be disqualified. Sponsor
reserves the right to reject or disqualify any entry which Sponsor, in its sole and absolute
discretion, determines to be inconsistent with the letter or spirit of the Official Rules or
potentially damaging to it, the Sweepstakes’, the Sweepstakes Entities’, and/or another’s image
or reputation.
2. Via Mail - During the Sweepstakes Period, Entrants can obtain Sweepstakes entries by
legible hand-printing, on a 3”x 5” card or paper, their full name, complete mailing
address, phone number, date of birth, email address, and a brief description (at least 25
words) on what winning the Grand Prize would mean to you, mailing the card in a #10
business-sized envelope, with proper postage affixed, to: BeefCake Jerky Sweepstakes,
PO Box 036, Macedon, NY 14502-0036 (the “Mail-In Entry”). All entries must be received
by December 1, 2024. Each mail-in entry received with be worth one (1) Sweepstakes
entry.
LIMIT ONE (1) ENTRY PER ENTRANT, REGARDLESS OF METHOD. By participating, you consent to
Sponsor’s and its agents’ use of your personal information for the administration of this
Sweepstakes. All information submitted by Entrants will be treated according to Sponsor’s
Privacy Policy, available at https://beefcakejerky.com/pages/privacy-policy. By entering the
Sweepstakes and providing their email address and other contact information, Entrants hereby
agree to Sponsor’s collection and usage of their personal information and acknowledge that
they have read and accepted Sponsor’s Privacy Policy.
GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is
impaired or incapable of running as planned for any reason, including but not limited to (i)
infection by computer virus, bugs, (ii) tampering, unauthorized intervention, (iii) fraud, (iv)
technical failures, or (v) any other causes beyond the control of the Sponsor which corrupt or
affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes,
the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers
with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole
or in part, at any time, without notice and award the Prize (defined below) using all non-suspect
eligible entries received as of, or after (if applicable) this cancellation, termination, modification
or suspension date, or in any manner that is fair and equitable and best conforms to the spirit
of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any
individual deemed to be tampering or attempting to tamper with the entry process or the
operation of the Sweepstakes or Sponsor’s Website; or acting in violation of these Official Rules
or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE
LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS
AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSOR RESERVES THE RIGHT TO SEEK
DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT
TO THE FULLEST EXTENT PERMITTED BY LAW.
Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a
waiver of that provision. In the event of a dispute as to the identity of a Winner based on an
email address, the winning entry will be declared by the authorized account holder of the email
address associated with the registration in question. "Authorized account holder" is defined as
the natural person who is assigned to an email address by an Internet access provider, online
service provider or other organization (e.g., business, educational, institution, etc.) that is
responsible for assigning email addresses for the domain associated with the submitted email
address.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree
to release and hold harmless the Released Parties and Social Media Platforms from and against
any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of
any Prize, including, but not limited to: (i) any technical errors that may prevent an Entrant
from submitting an entry; (ii) unauthorized human intervention in the Sweepstakes; (iii) printing
errors; (iv) errors in the administration of the Sweepstakes or the processing of entries; or (v)
injury, death, or damage to persons or property which may be caused, directly or indirectly, in
whole or in part, from Entrant’s participation in the Sweepstakes or receipt of the Prize (defined
below). Released Parties assume no responsibility for 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. Released Parties are not
responsible for any problems or technical malfunction of any telephone network or telephone
lines, computer online systems, servers, or providers, computer equipment, software, 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 Website, 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 Sweepstakes or downloading any materials in this Sweepstakes. Entrants
further agree that in any cause of action, the Released Parties’ liability will be limited to the cost
of entering and participating in the Sweepstakes, and in no event shall the Released Parties be
liable for attorney fees. Entrants waive the right to claim any damages whatsoever, including,
but not limited to, punitive, consequential, direct, or indirect damages. For New Jersey
Residents: nothing herein bars recovery of damages or attorneys’ fees where mandated by
statute.
Except as expressly provided above, IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR
LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF
PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF,
OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE.
By participating, Entrants release and agree to hold harmless the Released Parties from any and
all liability for any injuries, death or losses or damages to persons or property AS WELL AS
CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY
that may arise from participating in this Sweepstakes or its related activities or the acceptance,
possession, use or misuse of, or any harm resulting from the acceptance, possession, use or
misuse of a Prize. Released Parties are not liable in the event that any portion of the
Sweepstakes is cancelled due to weather, fire, strike, acts of war or terrorism, pandemic, or any
other condition beyond their control.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE
CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE USA
ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
DRAWING AND NOTIFICATION: The potential Prize Winner will be selected in a random
drawing conducted by the Administrator. The Prize drawing will be conducted on or about
December 9, 2024. Odds of winning the Grand Prize will depend on the total number of eligible
entries received throughout the Sweepstakes Period. The potential Grand Prize Winner will be
contacted by the Sponsor or Administrator via phone, email, and/or USPS mail.
GRAND PRIZE: There will be one (1) Grand Prize available. The Grand Prize Winner (“Winner”),
upon the Administrator’s confirmation of eligibility, will receive twenty-four (24) bags of beef
jerky per month for twelve (12) months (“Prize” or “Grand Prize”). The Approximate Retail
Value (“ARV”) of the Grand Prize is $1,294.56. The value of the Prize set forth above represents
Sponsor’s good faith determinations of the ARV thereof and such determinations are final and
binding and cannot be appealed. If the actual value of a Prize is lower than the stated ARV
when a Prize is procured and fulfilled, then the difference will not be awarded.
All other expenses associated with Grand Prize acceptance or usage not mentioned herein are
the sole responsibility of the Grand Prize Winner.
NOTE: Substitution, assignment or transfer of a Prize is not permitted, except by Sponsor,
who reserves the right to substitute a Prize with another of equal or greater value.
ADDITIONAL PRIZE CONDITIONS: By accepting the Grand Prize, the Winner agrees to release
and hold harmless the Released Parties from and against any claim or cause of action arising
out of participation in the Sweepstakes or receipt or use of the Prize. The potential Winner
must sign and return to the Administrator, within seven (7) days of the date of notice or
attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim
the Prize. Note: The Affidavit sent to a potential Winner will require that the Winner provide
their Social Security Number to the Administrator, which will be used solely for tax reporting
purposes. The Winner will be responsible for all local, state, and federal taxes associated with
the receipt of the Prize. The Winner must note that the value of the accepted Prize is taxable as
income and an IRS Form 1099 will be filed in the name of the Winner for the value of the Prize.
The Winner is solely responsible for all matters relating to the Prize after it is awarded. If a Prize
or Prize notification is returned as unclaimed or undeliverable to the potential Winner, if a
potential Winner cannot be reached or does not comply with notification instructions within
three (3) business days from the first notification attempt, if a potential Winner fails to return
requisite document(s) within the specified time period, or if a potential Winner is not in
compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s
sole discretion, an alternate Winner may be selected.
By accepting the Prize, where permitted by law, the Winner grants to the Released Parties and
those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be
confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use
worldwide IN ALL MEDIA without limitation at any time their full name, portrait, picture, voice,
likeness and/or biographical information for advertising, trade and promotional purposes
without further payment or additional consideration, and without review, approval or
notification. The Winner also acknowledges that Released Parties have neither made nor are in
any manner responsible or liable for any warranty, representation, or guarantee, express or
implied, in fact or in law, relative to the Prize.
DISPUTES: All issues and questions concerning the construction, validity, interpretation and
enforceability of these Official Rules or the rights and obligations of Entrants, Administrator,
and Sponsor in connection with the Sweepstakes shall be governed by and construed in
accordance with the laws of the State of Nebraska, 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,
province’s, or jurisdiction’s laws. By participating in the Sweepstakes, Entrant agrees that: (i)
any and all disputes, claims, and causes of action arising out of or in connection with the
Sweepstakes, shall be resolved individually without resort to any form of class action; (ii) any
judicial proceeding shall take place in a court within the State of Nebraska; (iii) 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 will attorney fees be awarded
or recoverable; (iv) under no circumstances will Entrant be permitted to obtain awards for, and
Entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special
damages, lost profits, other damages, and/or any rights to have damages multiplied or
otherwise increased; and (v) Entrant’s remedies are limited to a claim for money damages (if
any) and he/she waives any right to seek injunctive or equitable relief.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not
affect the validity or enforceability of any other provision. If any provision of the Official Rules is
determined to be invalid or otherwise unenforceable, the other provisions will remain in effect
and will be construed as if the invalid or unenforceable provision were not contained herein.
MISCELLANEOUS: These Official Rules contain the full and complete understanding with
respect to the Sweepstakes and supersede all prior and contemporaneous agreements,
representations, and understandings, whether oral or written. The headings herein are for
convenience only, do not constitute a part of these Official Rules, and shall not be deemed to
limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of
these Official Rules shall be effective unless in writing and signed by both Sponsor and
Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules
shall not constitute a waiver of any other provision herein. The rights and obligations hereunder
may not be assigned by Entrants, whether by operation of law or otherwise, without the prior
written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be
null and void. These Official Rules shall be binding upon, and inure to the benefit of, the
permitted successors and assigns of Sponsor, Administrator, and Entrant.
WINNERS LIST REQUEST: To request confirmation of the first name, last initial, city, and state of
residence of the Winner, please send a self-addressed, stamped business size envelope, by
January 20, 2025 to: ASC/BeefCake Jerky For a Year Sweepstakes Winners List Request, 300
State St. Ste. 402, Rochester, NY 14614.