ALL OF THE BEANS.
SPONSOR: BUSH BROTHERS & COMPANY, 1016 East Weisgarber Road, Knoxville, TN 37909-2660 (the “Sponsor”).
ADMINISTRATOR: Pickney Hugo Group, Address: 760 W Genesee St, Syracuse, NY 13204 (the “Administrator”)
CONTEST DESCRIPTION: For more than a century, Bush’s has been dedicated to spreading the good word about beans far and wide, while showcasing the beauty of beans. Let’s face it – these little legumes are humble, down to earth and good for the planet. Plus, they connect generations, cultures and cuisines. As a brand who has a storied history of making iconic commercials – cue “Roll that Beautiful Bean Footage” – Bush’s is looking to the talented, bean-obsessed social creators to reimagine the way the brand spotlights the beautiful bean, and is announcing the Bush’s Beans Can Film Festival.
ELIGIBILITY: This Contest is open to legal residents of the fifty (50) United States and the District of Columbia who are the age of the majority within the jurisdiction from which they reside at the time of entry (individually defined as “Entrant” and collectively defined as “Entrants”). Employees, officers, and directors of Sponsor, Administrator and each of their parent and affiliated companies, subsidiaries, distributors, retailers, dealers, sales representatives, their advertising and promotion agencies, and any and all other companies associated with the Contest (collectively, the “Contest Entities”), and each of their immediate family members and/or people living in the same household are not eligible to participate. Any person who has been convicted in a court of law or entered a plea of guilty or no contest to any felony or any crime involving moral turpitude, dishonesty or theft within the 10-year period prior to January 26, 2022 will not be eligible to enter or win a prize. All eligibility is subject to all federal, state and local laws and regulations. All entries submitted are the property of the Sponsor. Sponsor’s database clock will be the timekeeper for this Contest.
HOW TO ENTER: To participate, you must have: (i) an active and non-protected Instagram account or sign up for a free Instagram account at www.instagram.com; or have an active and non-protected TikTok account or sign up for a free TikTok account at www.tiktok.com; (ii) Create one (1) fifteen seconds (:15) or one (1) thirty seconds (:30) video that features any Bush’s Beans Can(s) in a cheerful, friendly, unexpected and enthusiastic scene (“Required Content”); and (iii) Post the Required Content using the hashtag #BushsCanFilmContest on Instagram or TikTok during the Contest Entry Period (i, ii and iii, individually defined as “Entry” and collectively defined as “Entries”). The featured Bush’s Beans Can(s) label(s) must be prominently included in the Entry. All Entries must be in English and all Entries must be no more than 300MB in size and submitted in one of the following formats: WebM Files, .MPG, .MPEG4, 3GPP, .MOV, .AVI, .MPEGPS, .WMV or .FLV. All Entries must use the designated hashtag #BushsCanFilmContest to qualify as an Entry. Any Entry that does not include the designated hashtag will be deemed void.
By submitting an Entry with individuals other than yourself as the Entrant, you confirm that you have obtained permission from the other individuals to the use of the Entry featuring them for the purposes of this Contest as set out in these Official Rules. If the Entry features any person other than the Entrant, Entrant must ensure that such person is informed that the material will be used for the purposes of this Contest and obtain their consent to such use (or if such person is a minor, the consent of their parent or guardian). Sponsor may ask for evidence of any such consent and reserves the right to disqualify any Entry if such evidence is not provided or if Sponsor has reasonable doubts about its adequacy. Please do not include any logos or images in the Entry unless you have obtained all of the rights necessary to permit you to use same in connection with your Entry and grant the rights herein granted to Sponsor and Administrator. No mechanically or programmatically reproduced Entries are permitted. Sponsor and Administrator will not verify receipt of Entries for Entrants. Entries submitted by Entrant who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void.
ENTRY RESTRICTIONS: Entries may not contain, as determined by Sponsor’s sole discretion, any Entry that:
Is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; obscene or offensive;
Feature celebrities or public figures Promotes irresponsible or excessive consumption of alcohol; promotes illegal drugs, tobacco, firearms/weapons, or any particular political agenda or message;
Defames, misrepresents or contains disparaging remarks about other people or companies;
Contains trademarks, trade names or copyrighted materials owned by others, except those owned by Sponsor for which Sponsor has provided Entrant a limited license to use as it relates to this Contest;
Contains any personal identification, such as license plate numbers, personal names (other than first name),email or street address;
Communicates messages inconsistent with the positive images and/or goodwill to which Sponsor wishes toassociate;
Contains competitive products of Sponsor;
Violates any law or infringes upon the rights of any other person or company; and/or
Any song outside of the royalty free libraries on TikTok or Instagram
By posting the Entry on Instagram.com or TikTok.com, each Entrant consents to receive from the Sponsor an Instagram direct message or TikTok direct message notifying him/her if they are a potential winner. Entrants will be required to have a public Instagram account or public TikTok account to receive a direct message. Entries posted by a protected Instagram account or TikTok account will be disqualified. Limit one (1) Entry per person, regardless of the number of Instagram or TikTok accounts the Entrant uses. Use of automated entry or similar devices as defined herein but not limited to, aggregator sites and or provided links, or contracted services, which are used to participate, “game” or subvert the Entry process is prohibited and all postings submitted or otherwise effectuated through such devices are void and will not be honored in any way. Persons found tampering with or abusing any aspect of the Contest, or whom Sponsor believes to be causing malfunction, error, fraudulent activity of any kind, disruption or damage will be disqualified from the Contest. Sponsor reserves the right to void any Entry that is posted through robotic, automatic, mechanical, programmed or similar duplication method, or posted through any third-party website, and to disqualify any Entrant using such a method. Sponsor is not responsible for any lost, late, stolen, delayed, illegible, incomplete, mutilated, mis-addressed or misdirected Entries. Incomplete, inaccurate, unintelligible or late Entries submitted which otherwise do not comply with these Official Rules will be deemed void. All Entries become the property of the Sponsor and will not be acknowledged or returned and Sponsor reserves the right to dispose these Entries at its sole discretion. By posting your Entry and including the designated hashtag, constitutes your consent to participate in this Contest and your consent for Sponsor to contact you for the purpose of administering this Contest and for other uses by Sponsor as permitted by these Official Rules and by applicable law.
The Contest Entities are not responsible for any problems or technical, hardware, or software malfunctions of any network or telephone lines, failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this Contest, computer online systems, servers or providers, computer or other electronic equipment, software, failure of any e-mail or Entry to be received by the Sponsor due to technical problems, human error or traffic congestion, unavailable network connections on the Internet or at any social media site, or any combination thereof, including, without limitation, any injury or damage to Entrant or any other person’s computer or other electronic device relating to or resulting from participating in this Contest or uploading/downloading any materials in connection with this Contest. By submitting an Entry, each Entrant agrees to abide by the terms of these Official Rules.
BY ENTERING THIS CONTEST AND SUBMITTING AN ENTRY USING THE DESIGNATED HASHTAG, YOUR ENTRY MATERIALS AS DEFINED HEREIN, MAY BE INCLUDED IN SPONSOR’S COMMERCIAL MATERIAL, AS WELL AS AT SPONSOR’S WEBSITE OR SOCIAL MEDIA PLATFORMS AT IT’S SOLE DISCRETION. Sponsor has no obligation to use or post any Entry submitted by any Entrant. The use of an Entry by Sponsor or any Contest Entity does not have any effect on the winner selection process.
Use of a mobile device to participate in this Contest is not required. If you use a mobile device to post an Entry, message and data rates may apply, and Entrants will be solely responsible for any and all applicable charges. Please consult your wireless-service provider regarding its pricing plans.
DIGITAL MILLENNIUM COPYRIGHT ACT: Once an Entry is submitted into the Contest, any such posting will be deemed made at the direction of the Entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. EACH ENTRANT REPRESENTS, UNDERSTANDS AND ACKNOWLEDGES THAT HE/SHE WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY (OTHER THAN THE PRIZE STATED HEREIN IF SELECTED AS A PRIZE WINNER) IN EXCHANGE FOR GRANTING SPONSOR THE NON-EXCLUSIVE LICENSE RIGHTS OR FOR ANY SUBSEQUENT USE OF SUCH ENTRY BY SPONSOR. 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 Entry.
JUDGING CRITERIA/DETERMINATION OF WINNERS: All entries will first be screened to ensure they meet the Entry requirements. Entries will be judged by the Sponsor and Administrator (collectively, “Judges”) and a total of one (1) Grand Prize Winner and four (4) ) Runner-Up Prize Winners will be determined based upon the five (5) highest point totals awarded using the following criteria: (i) Originality/Creativity (0-25 points); (ii) Humor and Entertainment (0-25 points); and (iii) Provides an Inspirational Message that is Actively Optimistic, Enthusiastic and Passionate pertaining to the Contest Theme stated herein (0-50 points) (i, ii and iii, collectively “Judging Criteria”). The Entry that earns the highest score based on the Judging Criteria stated herein will be deemed the Grand Prize Winner. The next top four (4) scoring Entries based on the Judging Criteria stated herein will each be deemed a Runner-Up Prize Winner. Decisions of the Judges will be final and binding on all matters. In the event of a tie, the Entries involved in the tie will be re-judged by an additional qualified judge who will serve as a tiebreaker and who will evaluate the tied Entries according to the Judging Criteria listed above. In the event an insufficient number of Entries are received (as determined by the Sponsor in its sole discretion), less than five (5) winners may be selected or this Contest, at the sole discretion of the Sponsor, may be cancelled or the Sponsor may take such other actions as it deems reasonable in the circumstances.
PRIZE WINNER VERIFICATION: Receiving a prize is contingent upon compliance with these Official Rules. Sponsor will attempt to notify the selected top five (5) scoring Entrants (“Prize Winners”) by Instagram direct message or TikTok direct message on or about February 28, 2022. Each selected Prize Winner will be required to sign and return a Declaration of Compliance or similar documentation and where permitted, a Publicity Release, which must be received by Administrator by March 7, 2022, in order to claim the prize. Non-compliance with any of these Official Rules may result in disqualification. A Prize Winner may be disqualified if (i) the prize winner notification is returned as undeliverable; (ii) the signed Declaration of Compliance is not received by Sponsor in a timely manner; (iii) the Prize Winner is ineligible; or (iv), the Prize Winner declines his/her prize. If a Prize Winner is disqualified, that prize will be awarded to the next highest scoring Entry. Sponsor is not responsible for fraudulent calls or emails made to Entrant not by Sponsor, or for any change of Entrant's Instagram or TikTok account. Grand Prize Winner must agree to a criminal background investigation during the Prize Winner notification process. In the event the criminal background investigation consists of any criminal record, the Sponsor reserves the right, at its sole discretion, to disqualify the Grand Prize Winner.
Each Prize Winner agrees that the Contest Entities may irrevocably use the Prize Winner’s name, voice, city/state of residence, essay, video, photograph and/or other visual likeness for advertising and/or trade purposes and/or for any other purpose in any media or format including but not limited to Sponsor’s websites, social media platforms and any all media now or hereafter known without further compensation (financial or otherwise), permission or notification, and agrees to participate in any and all publicity and promotional activities as designated by Sponsor (except where prohibited by law) in connection with this Contest. In the event a selected Prize Winner’s personal social media content contains misleading claims about Sponsor and its products or services, that defames, misrepresents or contains disparaging remarks about Sponsor, its products or services, or other people or companies; or communicates any message or image that is inconsistent with Sponsor’s positive image and/or good will with which Sponsor wishes to associate or contains content that violates any rule, law or regulation, the Sponsor reserves the right, at its sole discretion, to disqualify that prize winner. By signing and returning the Declaration of Compliance and Publicity Release (where permitted), each Prize Winner agrees that they will keep their prize winning status confidential and will not communicate or announce the prize winning status with any individual, media, or networking service until authorized by Sponsor. In the event a Prize Winner communicates or announces the prize winning status publicly as stated herein before Sponsor authorization, such prize winner may be disqualified and the next highest scoring Entry may be deemed a Prize Winner.
FIVE (5) PRIZES AND THEIR APPROXIMATE RETAIL VALUES (“ARV”): ONE (1) GRAND PRIZE: The Grand Prize consists of one (1) fifty thousand dollars ($50,000) check made payable to the Grand Prize Winner and the opportunity for their Entry to be produced into a future Bush’s Beans commercial. The ARV of Grand Prize: $50,000; and FOUR (4) RUNNER-UP PRIZES: Each Runner-Up Prize consists of one (1) two thousand five hundred dollars ($2,500) check made payable to the Runner-Up Prize Winner. TOTAL ARV OF ALL PRIZES: $60,000. Grand Prize Winner will be required to provide Sponsor with the exact same video selected in a horizontal format. Sponsor has the right to publish, use, adapt, edit and/or modify the Grand Prize Winning Entry in any way, in commerce and in any and all media worldwide now known or hereinafter invented, without time limitation and without further consideration to any Grand Prize Winner. Individuals other than the Grand Prize Winner featured in the Grand Prize Winning Entry will be required to execute a separate publicity release. Sponsor reserves the right, at its sole discretion, to edit, rewrite, redirect or opt not to produce Grand Prize Winner’s Entry in a future commercial for any reason. Further, the Grand Prize Winner acknowledges and agrees that they will have no creative or financial involvement or input in the production of future commercial and will not receive any initial or residual payment or compensation for such commercial production. These Official Rules do not constitute an employment agreement. Sponsor reserves the right to produce the future commercial but not air the commercial in any medium. Requirements of the Grand Prize Winning Entry are subject to change at any time at the Sponsor’s sole discretion. The specifics of all elements of the prizes stated herein shall be solely determined by Sponsor. LIMIT ONE (1) PRIZE PER PERSON. Sponsor will have no further obligation to any winner who forfeited his/her prize and will not replace any forfeited prize. No transfer or assignment of any prize permitted except to a surviving spouse in the event of the death of that prize winner. All Prize Winners are solely responsible for all taxes on prizes as applicable. All Prize Winners will be required to provide Social Security number to Sponsor or its designated agent for tax reporting purposes.
GENERAL CONDITIONS: Except as otherwise provided in these Official Rules or prohibited by law, by entering this Contest, each Entrant and Prize Winner: (1) agrees to release Sponsor from any and all liability for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death (except where caused by negligence) arising out of participating in this Contest, or the acceptance, possession, use or misuse of any prize and claims based on publicity rights, defamation or invasion of privacy and merchandise delivery; and (2) acknowledges that Sponsor has neither made nor are responsible or liable for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition, or fitness for a particular purpose. In the event of a dispute as to the identity or eligibility of an Entrant based on a social media account, the prize winning Entry will be declared made by the “Authorized Account Holder” of the social media account at time of entry. “Authorized Account Holder” is defined as the natural person who is the age of the majority within the jurisdiction from which they reside and is assigned to the social media account by the social media site. Sponsor may ask any Entrant or the prize winner to provide Sponsor with proof that such party is the Authorized Account Holder of the social media account associated with the Entry. All disputes and claims arising out of or relating to the Contest shall be determined according to the laws of Tennessee without regard to its conflict of law principles and all Entrants’ and prize winners’ consent to the personal jurisdiction of the federal and state courts located in Knox County in the State of Tennessee and agree that such courts have exclusive jurisdiction over all such disputes. All causes of action arising out of or in connection with any Contest shall be resolved individually without resort to any form of class action litigation and any and all claims, judgments and awards shall be limited to actual out of pocket expenses incurred.
LIABILITY & RELEASE: Except as otherwise provided in these Official Rules or prohibited by law, by participating in this Contest, each Entrant and Prize Winner agrees to release and hold harmless Sponsor from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize hereunder, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage due, misdirected, or undeliverable mail; (e) errors in the administration of the Contest or the processing of Entries; or (f) injury or death to a person(s) (except where caused by negligence) or damage to property which may be result, directly or indirectly, in whole or in part, from Entrant’s or Prize Winner’s participation in the Contest or Prize Winner’s receipt, acceptance, use &/or enjoyment of any prize. Except as otherwise provided in these Official Rules or prohibited by law, by entering the Contest, each Entrant and Prize Winner agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with the Contest, 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‑pocket costs incurred, including costs associated with applying for the Contest, but in no event will attorneys’ fees be awarded or recoverable; and (iii) under no circumstances will any Entrant or Prize Winner be permitted to obtain any award for, and each Entrant and Prize Winner hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out‑of‑pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. Except as otherwise provided in these Official Rules or prohibited by law, Sponsor is not responsible for any typographical or other error in the printing of this Contest, the administration of the Contest or in the announcement of any Prize Winner, including such error as may give an erroneous indication that a prize has been won. Except as otherwise provided in these Official Rules or prohibited by law, by participating in the Contest and submitting an Entry, each Entrant and Prize Winner agrees to defend, indemnify and hold harmless the Sponsor from and against any and all claims, demands, liability, damages or causes of action (however named or described) losses, costs or expenses, with respect to or arising out of or related to Entrant’s and Prize Winner’s participation in the Contest. In the event the integrity and/or feasibility of the Contest is undermined by any event including but not limited to fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s control (each a “Force Majeure” event), the Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Contest without notice or further obligation. If the Sponsor, in its discretion, elects to abbreviate, cancel or terminate the Contest as a result of a Force Majeure event, the Sponsor reserves the right, but shall have no obligation, to distribute the prizes among all non-suspect, eligible Entrants received up to the time of such Force Majeure event. ANY ATTEMPT BY ANY PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS 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 THESE PROVISIONS.
Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 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.” Entrants and prize winners acknowledge that the releases herein are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
PERSONALLY IDENTIFIABLE INFORMATION/PERSONAL DATA: Entering into this Contest constitutes your consent for Sponsor to obtain and deliver your name, e-mail address and other information to the Contest Administrator for the purpose of administering this Contest and for other uses by Sponsor as permitted by applicable law, including future use in marketing or advertising communications of Sponsor, or any Contest Entity, each of their respective brands and/or products in any medium (whether now or hereafter known) throughout the world in perpetuity without further permission, notification, consideration, or payment to the Entrant or Prize Winner, except where prohibited by law. Entrant information provided to Contest Administrator will solely be used by Contest Administrator in process of determining winners for this Contest and will be destroyed thereafter.
WINNERS LIST: For a list of Prize Winners, available after March 15, 2022, send a self-addressed stamped envelope with proper postage affixed to: Bush’s Beans Can Film Fest Contest Winners List, P.O. Box 1008, Manhasset, NY 11030. Requests must be received by June 30, 2022. Winners List will be available after all prize winners have been verified.
VOID WHERE PROHIBITED