Kingsford® King of the Tailgate Sweepstakes

Official Rules

 

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

 

1. Eligibility: Kingsford® King of the Tailgate Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least twenty-one (21) years of age at the time of entry. Employees of The Clorox Company and/or its subsidiary The Kingsford Products Company, LLC, IPG DXTRA, Inc., dba Current Global, National Football League, its member clubs, including, without limitation, the San Francisco 49ers, NFL Ventures, Inc., NFL Ventures, L.P., NFL Properties LLC (collectively, the “NFL Entities”),  and their 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 Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.

 

2. Sponsor: The Kingsford Products Company, LLC, 1221 Broadway, Oakland, CA, 94612. Administrator: Merkle Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.

 

3. Timing: The Sweepstakes takes place on November 1, 2024 starting at 9:00 a.m. Eastern Time ("ET") and ending on November 21, 2024 at 11:59 p.m. ET (the "Promotion Period"). Facebook, Instagram, TikTok and X’s servers are the official time-keeping devices for the Sweepstakes.

 

4. How to Enter: There are multiple ways to enter, as set forth below.

 

Participation Requirements: To participate, you will need to have a personal Facebook, Instagram, TikTok or X (formerly known as Twitter) account (each, a “Social Account”). Your Instagram, TikTok and/or X account must also be public. Creating each Social Account is free but is subject to the applicable terms and conditions: (https://www.facebook.com/legal/terms), (http://instagram.com/about/legal/terms/#), (https://www.tiktok.com/legal/page/us/terms-of-service/en) or (https://x.com/en/tos). For TikTok, your account privacy must be set to allow for friends to direct message you. If entering via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply. 

 

Entry Requirements for Instagram, TikTok and X: During the Promotion Period, take the following actions to receive an entry:

(a)   Follow @kingsford on the applicable social platform;

(b)   Post a photo or video (no longer than thirty (30) seconds) showing how you tailgate with Kingsford Charcoal or use this image and include the hashtag #KingsfordTailgateSweepstakes in the original caption of your post (your “Post”);

·         For TikTok, you must include #KingsfordTailgateSweepstakes in your caption and as a text overlay to your Post.

(c)   Your Post need not include any reference, positive or negative, to Sponsor’s products or services. Including such a reference will not improve your chance of winning. However, your Post must not violate any of the Content Restrictions listed below;

(d)   Your account settings must be public when you post and remain public until the prizes are awarded (as described in Section 6); and

(e)   You must not change your Instagram/TikTok/X handle once you post to enter this Sweepstakes and until the prizes are awarded (as described in Section 6).

 

NOTE: Reposts on X, posts on Instagram Stories, and Instagram/TikTok/X posts where the hashtag is not included in the original caption of the Post will not be deemed entries.

 

Entry Requirements for Facebook: During the Promotion Period, locate Sponsor’s post advertising this Sweepstakes (“Sweepstakes Post”) on Facebook and take the following actions to receive an entry:

(a)  Follow @kingsford on Facebook;

(b)  Comment on the Sweepstakes Post with a photo or video (no longer than thirty (30) seconds) showing how you tailgate with Kingsford charcoal or use this image (your “Comment”);

(c)  Your Comment need not include any reference, positive or negative, to Sponsor’s products or services. Including such a reference will not improve your chance of winning. In addition, your Comment must not violate any of the Content Restrictions listed below; and

(d)  You must not change your Facebook handle once you post to enter this Sweepstakes and until the prizes are awarded (as described in Section 6).

 

Content Restrictions for your Entry:

·         Your Post/Comment must be your original work; 

·         Your Post/Comment must not convey any claims of Sponsor’s products or services that would be deemed unsubstantiated or deceptive if made by Sponsor;

·         Your Post/Comment must not include any material that violates another person’s right of publicity/privacy. Accordingly, you must have permission to include the names or likenesses of other individuals in your Post/Comment and to grant the rights set forth in Section 5. All individuals included in your Post/Comment must be at least eighteen (18) years of age. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor; 

·         Your Post/Comment must not contain or reference material that violates or infringes another’s intellectual property rights, including but not limited to copyrights and trademarks. Therefore you may not include logos, trademarks or brand names (including those of sports teams); music; images; stickers or artwork (even if made readily available on the applicable social platform) or any other intellectual property from any party other than those of the Sponsor (which you are able to use for purposes of this promotion only);

·         Your Post/Comment must not make references to or include: alcohol, illegal drugs, marijuana, tobacco or firearms/weapons, any activities that are or appear to be dangerous, or any political agenda;

·         Your Post/Comment may not be indecent, obscene, sexually explicit, hateful, promote bigotry, racism, hatred or harm against any group or individual or promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and

·         Your Post/Comment may not be tortious, defamatory, libelous, disparage Sponsor or any other person or party, or contain material that is unlawful in any way.

 

By posting content that conforms to all of the above requirements, you will receive one (1) Sweepstakes “Entry”. Sponsor, in its sole discretion, may disqualify any Entry that it finds unlawful, or in violation of these Official Rules.

 

Entry Limit: You may enter one (1) time per social platform during the Promotion Period for a total of four (4) possible entries. Multiple entrants are not permitted to share the same Social Account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Social Accounts, identities, registrations and logins or any other methods will void that entrant's Entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to the identity of an entrant, Sponsor and Administrator will rely on entrant’s Social Account handle and other information included in their Social Account profile. If additional information provided by entrant to claim the prize is inconsistent with the Social Account used to enter, Sponsor and/or Administrator may disqualify such entrant and such disqualification may result in the forfeiture of any prize won. Sponsor, in its discretion, may require additional documentation from entrant to show proof of entrant’s identity.

 

5. Sponsor’s Use of Social Post Content: Posting content to Facebook/Instagram/TikTok/X to enter this Sweepstakes 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 the content posted, 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. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the content posted. 

   

6. Prize Drawing and Winner Requirements: Administrator is an independent organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential Sweepstakes winners from all eligible entries received during the Promotion Period on or around November 22, 2024. The potential winner will be notified by direct message from @kingsford through the social platform used to enter and will be directed to a secure online claim form. Potential winners must provide their name, email address, mailing address and date of birth in the claim form to confirm eligibility and for prize fulfillment purposes within two (2) days of the date notice or attempted notice is sent into order to claim the prize. Next, the potential winners will be required to sign and return a Declaration of Compliance, Liability Waiver and where not prohibited a Publicity Release ("Declaration") which must be received by the Administrator within three (3) days of the date notice or attempted notice is sent in order to claim the prize. If a potential winner cannot be contacted or fails to sign and return the Declaration or provide any requested information within the required time period, or the prize is returned as undeliverable, the potential winner forfeits the prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential winner forfeits the prize or is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries, time permitting.

 

7. Prizes:

 

TWO (2) GRAND PRIZES: A trip for winner and one (1) travel companion, twenty (21) years of age or older, to Santa Clara, CA, to attend the December 30, 2024, San Francisco 49ers football game. Trip prize to include:

·         Round trip, coach-class air transportation for two (2) from a major airport near winner’s home (determined by Sponsor in its sole discretion) to San Jose, CA;

·         Two (2) nights’ accommodations at a hotel determined by Sponsor in its sole discretion (single room, double occupancy);

·         Two (2) tickets to the San Francisco 49ers game on Monday, December 30, 2024, starting at 5:15 p.m. Pacific Time;

·         Front row access to the pre-game taping prior to the game;

·         Meet and greet with Jason Kelce;

·         Ground transportation to and from winner’s home to airport (maximum 120 miles each way);

·         Ground transportation to and from destination airport and hotel;

·         $300 in spending money, fulfilled via wire transfer;

·         Two (2) Kingsford branded sweatshirts. Winners will be given the opportunity to specify a size. Sponsor will attempt to honor requests but makes no guarantee that request will be honored (depending on availability);

·         Two (2) Kingsford branded baseball hats;

·         One (1) pallet of Kingsford Original charcoal (forty-eight (48) 16 lb. bags), to be delivered to winner’s preferred shipping address.

 

Sponsor will also provide each winner a single cash payment which is intended to assist the winner with any federal, state, or other tax obligations related to the Grand Prize (the “Tax Gross-Up Payment”). The Tax Gross-Up Payment will be $2,619. Each Grand Prize winner’s actual tax liabilities related to the Grand Prize could exceed the Tax Gross-Up Payment. The Grand Prize winners are solely responsible for all applicable federal, state, or other tax obligations related to the Grand Prize. Sponsor will not provide any further assistance toward the winners’ tax obligations.

 

Winners 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 winners. Winners are obligated to work with Sponsor’s travel agent to book trip immediately upon winner confirmation or trip portion of prize will be forfeited. Travel and accommodations are subject to availability. 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 Sweepstakes, 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 not expressly stated in the package description above, including but not limited to additional 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 winners. Winners must have proper identification and a valid credit card for hotel check-in and to cover incidental expenditures. Travel companion must be twenty-one (21) years of age or older as of the date of departure and execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. By traveling and attending event, winners and winners’ travel companion voluntarily assume all risks related to exposure to COVID-19. Winners and winners’ travel companion are responsible for complying with any COVID-19 requirements set forth by airline, transportation vendor, hotel, event venue or other vendors offering services that are part of the trip prize. Failure to comply with any required COVID-19 requirements may result in forfeiture of the prize of elements of the prize. Forfeiture of any aspect of the trip due to failure to meet these requirements will not impact the value of the trip as reported on an IRS Form 1099. If in the judgment of Sponsor air travel is not required due to a winner’s proximity to prize location, ground transportation will be substituted for round trip air travel at Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor is not responsible if any event is delayed, postponed or cancelled for any reason and winner will not be reimbursed for tickets. Seating and timing to be determined in the sole discretion of Sponsor. Tickets may be subject to standard rain-check policies and procedures. By accepting the prize, winners agree to abide by any terms and conditions of the ticket. The Sponsor is not responsible if a winner does not use tickets on day of event. Approximate Retail Value (“ARV”) of each Grand Prize: $8,729. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winners will not receive the difference between actual and approximate retail value.

 

FIVE (5) FIRST PRIZES: Grilling prize package consisting of:

·         One (1) kettle charcoal grill;

·         Six (6) 16 lb. bags of Kingsford Original charcoal;

·         Six (6) 16 lb. bags of Kingsford Match Light charcoal;

·         One (1) Kingsford branded premium cooler;

·         One (1) pair of custom overalls. Winners will be given the opportunity to specify a size. Sponsor will attempt to honor requests but makes no guarantee that request will be honored (depending on availability);

·         One (1) Kingsford branded baseball hat;

·         One (1) Kingsford branded stainless steel BBQ tools set (spatula, tongs, fork); and

·         One (1) Kingsford branded charcoal chimney.

 

Total ARV of First Prize: $741.

 

For All Prizes: Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize (or component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. Prizes are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period. Total ARV of all prizes: $21,163. Once confirmed, the Grand Prize winner will be contacted by Sponsor’s travel agent regarding the trip prize. Merchandise portions of the Grand Prize and all First Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Sweepstakes. 

 

8. Release: By entering this Sweepstakes, entrants agree to release and hold harmless Sponsor, Administrator, the NFL Entities, Meta Platforms, Inc., TikTok, Inc., X Corp., and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, 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, third party claims involving the right to privacy, right of publicity, or intellectual property infringement, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.

9. Publicity: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, prize information, likeness, Entry, photograph (including, without limitation, winner's Social Account profile photo), voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

 

10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Sweepstakes, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Sweepstakes, including but not limited to fulfillment of the prize(s), as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance and may modify the prizes offered herein. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion offered by Sponsor or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes 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. 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, un-awarded, eligible prize claims. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials or notifications and these Official Rules, these Official Rules shall prevail, govern and control.

 

11. Limitations of Liability: The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes or provided by entrants; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections to the internet, in phone lines, social media platforms, or network hardware or software; (c) unauthorized human intervention in any part of the Sweepstakes, including, but not limited to, the entry process; (d) technical or human error which may occur in the administration of the Sweepstakes, including, but not limited to, the processing of entries; (e) late, lost, undeliverable, damaged or stolen mail; (f) lost, late, unreceived, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected entries or failure to receive entries due to limitation of third-party social network platforms; or (g) 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 Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's Entry is confirmed to have been erroneously deleted, lost, not received, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible.

 

12. 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 the United States District Court for the Eastern District of Michigan 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 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. 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 Sweepstakes, 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.

 

13. Entrant's Personal Information: Information collected from entrants is subject Sponsor’s Privacy Policy.

 

14. Winner List: For a winner list, please click HERE. The winner list will be posted after winner confirmation is complete.

 

©2024 Merkle Inc. All rights reserved.

 

This promotion is in no way sponsored, endorsed or administered by, or associated with, Meta Platforms, Inc., TikTok Inc. or X Corp.