ALPHA BAKING “NAME THE BREAD TRUCK” CONTEST
OFFICIAL RULES
NO PURCHASE NECESSARY. OPEN ONLY TO LEGAL U.S. RESIDENTS OF ILLINOIS, INDIANA AND WISCONSIN, WHO ARE AT LEAST 18 YEARS OLD.
OFFERED ONLY IN ILLINOIS, INDIANA AND WISCONSIN. VOID ELSEWHERE AND WHERE PROHIBITED BY LAW.
- Contest Schedule. Contest begins April 12, 2023 at 12:00:01 a.m. Central Daylight Time (CDT) and ends May 31, 2023 at 11:59:59 p.m. CDT (“Contest Period”).
- How To Enter. During the Contest Period: Visit https://www.srosens.com/NameABreadTruck, follow the directions provided to complete the entry form with your contact information and your proposed original name for an Alpha Baking Co., Inc. bread delivery truck (“Bread Truck Name”) to receive one (1) entry (“Entry”). Limit one (1) Entry per person, per email address, throughout the Contest Period. Entries received in excess of the above-stated limitation will be void. Automated entries are prohibited, and any use of such automated devices or programs, script, macro or any other means which subvert the entry process will be void and will result in disqualification. Entries are the property of Sponsor and will not be acknowledged or returned. All Entries must be received by 11:59:59 p.m. CDT on May 31, 2023 to be eligible.
- Entry Restrictions.
By participating in the Contest, entrants accept and agree to abide by and be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects and not subject to appeal.
BEFORE participating in the Contest, entrants are strongly advised to review Sponsor’s Privacy Policy, accessible at https://www.alphabaking.com/service/privacy for information as to how Sponsor collects, uses and shares his/her/their personal information.
Bread Truck Name must consist of no more than six (6) words. Use of emojis, symbols, logos or the like in Bread Truck Name is prohibited and any entry including same will not be accepted.
In the event of dispute, an entry will be deemed to be made by the authorized account holder of the e-mail address used to participate in the Contest. The authorized account holder is the natural person who is assigned to the e-mail address by an internet access provider, online service, or other organization that is responsible for assigning e-mail addresses.
A given entry can only include one (1) Bread Truck Name.
Bread Truck Name must be the work of a single individual. Joint, group or team entries are prohibited.
Proof of submission of Bread Truck Name does not constitute proof of Sponsor’s receipt of same or proof of entry in the Contest.
Participation in the Contest via mobile device may result in the imposition of wireless Internet access fees and/or other charges as per the wireless carrier’s billing policy. Entrant is advised to review such billing policy BEFORE entering the Contest. Wireless Internet access is not available in all areas or on all mobile devices.
- Additional Entry Restrictions- Content of Bread Truck Name.
Bread Truck Name will not be accepted as an entry in the Contest if Sponsor determines in its sole discretion that it:
- May infringe the trademark or copyright or other intellectual property rights of a third party or is copied in whole or in part from any source;
- Identifies another person without their consent;
- Demeans, insults or denigrates another individual because of his/her/their race, religion, national origin, ethnicity, gender/gender identification, sexual orientation, citizenship status, disability or other classification protected under law;
- Is profane, vulgar, obscene or otherwise inappropriate;
- Advocates alcohol or drug use, acts of violence, animal cruelty or illegal conduct;
- Is controversial including any material promoting any political viewpoint or religious doctrine;
- Advertises the rental or sale of any commercial product or service, a security or solicits a donation for a charitable cause;
- Includes personal information about any individual (including entrant him/her/themselves) such as full name, e-mail address, phone number or street address;
- Includes a trade secret or confidential or proprietary information of any kind;
- Has been previously published (including on entrant’s social media pages);
- Includes a health claim or environmental claim regarding Sponsor/its operations/products which cannot be readily substantiated;
- Advertises or promotes a competitor of Sponsor; OR
- Reflects negatively on or adversely affects the business reputation and goodwill of Sponsor or its products.
Entrant grants to Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicensable right and license to use, perform, exhibit, reproduce and/or otherwise exploit the Bread Truck Name included in his/her/their entry, in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to such entrant. Entrant further waives any “Moral Rights of Authors” (“Droit Moral”) or similar natural rights of ownership that entrant may have in the Bread Truck Name included in his/her/their entry, whether under statutory or common law.
Entrant understands and agrees that Sponsor and its designees have wide access to ideas and other literary materials submitted to them by outside sources or being developed by their own employees and that such ideas/literary materials may be competitive with, similar to (or even identical to) the Bread Truck Name submitted as an entry, with Sponsor and its designees having no liability to entrant or any third party in conjunction therewith.
Entrant understands and agrees that Sponsor and its designees do not have any duty of confidentiality or other fiduciary duty to entrant relative to any Bread Truck Name submitted as an entry.
Entrant agrees, upon the request of Sponsor or its designees and without compensation of any kind, to execute any additional documents so as to effect, record or perfect the grant of rights contemplated by this section of the Official Rules.
- Determination of Winners.
On or about June 5, 2023, a judging panel comprised of Sponsor employees will review Bread Truck Names included in eligible entries according to the following criteria:
- Creativity (20%)
- Wit (20%)
- Uniqueness (20%)
- Knowledge or Sponsor’s products (20%)
- Expression of the theme of bread (20%)
The eligible entrants who submitted the Bread Truck Names which received the three (3) highest scores in the judging will each win a First Prize (subject to verification, as per Rule 6 below).
In the event that multiple entrants submit the same winning Bread Truck Name, each of the tied entrants will be required to submit a statement of no more than 25 words explaining the inspiration for his/her/their Bread Truck Name by a designated deadline. If an entrant fails to submit a statement by the deadline, he/she/they will be disqualified. The judging panel will review the statements according to the above criteria, with the statement(s) with the highest score(s) winning a First Prize (subject to verification, as per Rule 6 below). For clarity, the conditions as to the content of the Bread Truck Name as per Rule 4 above also apply to the statement.
In the event of a tie (involving different Bread Truck Names), the Name with the higher/highest score in the criterion of uniqueness will be the winner.
Entrants understand and agree that the results of the judging is confidential information that is proprietary to Sponsor and waive any rights under any legal theory to review or inspect the results of the judging.
- Notification of Winners.
Potential winners will be notified by e-mail.
Each potential winner will be required to complete, sign and return an Affidavit of Eligibility, a Liability Release and a Publicity Release (where legal) (“Affidavit/Release”) as well as any other required documents (including an IRS W9 Tax Form) within five (5) days of date indicated on winner notification.
Failure to timely complete, sign and return the Affidavit/Release; if potential winner cannot be contacted for any reason; or if Sponsor determines that a potential winner is ineligible or potential winner has otherwise violated these Official Rules, the prize will be forfeited without compensation or other liability of any kind and an alternate potential winner will be selected as per Rule 5 above.
- Prizes/Approximate Retail Values (“ARVS”)
First Prize (3) – two (2) tickets to winner’s choice of Chicago Cubs or Milwaukee Brewers** home game during the 2023 regular season and one year’s supply of bread (defined as fifty-two [52] $8 coupons, each redeemable at participating local retailers for free bread from Sponsor subject to terms and conditions of use as indicated thereon including expiration date) ARV: $800 each.
In addition, Sponsor may use winner’s Bread Truck Name to identify one of the bread trucks in its fleet. Should Sponsor choose to do so, Sponsor will have complete creative control over the use of the Bread Truck Name without review, approval or any compensation to winner (other than the prize). Without limitation, Sponsor reserves the right to (a) modify or amend the Bread Truck Name; (b) include content/material along with the Bread Truck Name; (c) determine the specific bread truck (including its route) to which the Bread Truck Name is assigned; (d) set the duration and/or other parameters under which the Bread Truck Name is so used; and/or (e) determine the manner in which the Bread Truck Name is attributed to winner, if at all. Conversely, should Sponsor decide not to use the Bread Truck Name to identify one of its bread trucks for any reason, Sponsor will not have any liability to winner under any legal theory (other than the prize.)
**Team names used for prize identification purposes only. No endorsement, sponsorship, affiliation of any kind is intended or implied by such use.
- Prize Restrictions.
In general:
Prize must be accepted as awarded. Without limitation, in order to receive tickets element of prize, winner must accept one year’s supply of bread element of prize.
No prize substitution allowed except by Sponsor if Sponsor determines in its sole discretion that advertised prize element is unavailable for any reason and only then for prize element of comparable value. Prize cannot be redeemed by winner for cash. Prize is not transferable.
Limit of one (1) prize per person, family, address or household.
Winner is solely responsible for any and all taxes on prize and will be issued an IRS 1099 Tax Form reflecting prize value. Winner is solely responsible for any and all unspecified expenses incurred in accepting and using prize, including but not limited to traveling to/from stadium, parking at stadium, souvenirs, food/beverages for tickets element of prize.
For year’s supply of bread element of prize:
- Coupons will be shipped only to a street address in Illinois, Indiana or Wisconsin. Shipment of coupons will occur within 4-6 weeks of eligibility verification.
- Sponsor will not have any liability for any coupon(s) which are not redeemed by winner or for attempted redemption of coupon(s) in violation of its terms and conditions of use.
For tickets element of prize:
- For Chicago, winner to choose home game based on game dates from approximately June 13 to September 24, 2023, and excludes June 24-25 games in London, England; for Milwaukee, winner to choose home game based on game dates from approximately June 16 to October 1, 2023. Games with promotional giveaways/programming and on holidays may be excluded. Choice of home game is subject to availability, Sponsor’s approval in its sole discretion and other restrictions; winner must provide at least seven (7) days’ advanced notice prior to selected game. Winner may not receive his/her/their first choice of game.
- Tickets will be awarded in electronic form; and, it is the winner’s sole responsibility to download any mobile application or the like at his/her/their sole expense in order to take possession of tickets.
- Ticket type and seat location at approved game depends on availability. While Sponsor will endeavor to fulfill winner’s request, ticket type/seat location will be determined by Sponsor in its sole discretion without liability under any legal theory.
- Winner’s guest (if a minor, his/her parent or legal guardian) must complete, sign and return a Guest Liability and Publicity Release, prior to attendance at approved game.
- Attendance at game is subject to the terms and conditions of use provided in conjunction with the tickets as well as venue restrictions. Without limitation, tickets are provided subject to venue and team policies relating to postponement/cancellation/re-scheduling of game due to inclement weather or other reason; and any re-sale, auctioning, trading or other provision of ticket to any other person constitutes an actionable violation of such terms and conditions. Attendance at game may also be conditioned on the agreement of winner/guest to (a) allow a search of their person for security purposes; (b) not bring weapons, alcohol or other prohibited items into stadium; (c) conduct themselves in a respectful and appropriate manner at all times; and (d) comply with venue and team policies as well as applicable laws designed to prevent the spread of COVID-19/Coronavirus which may include mask-wearing, social distancing, provision of negative COVID-19/Coronavirus test and/or provision of proof of vaccination against COVID-19/Coronavirus. Should venue/team determine that winner/guest has violated any of the foregoing and he/she/they is denied admittance to and/or ejected from venue, Sponsor’s liability shall be limited to award of the remaining element of the prize provided that the alleged conduct is not egregious or offensive as determined by Sponsor in its sole discretion (and, in such case, Sponsor reserves the right to require forfeiture of prize in its entirety without liability of any kind and to perhaps seek legal sanctions against winner/guest).
- Should winner choose to attend the approved game without a guest, he/she/they will only receive one (1) ticket to the game and no substitute prize or compensation will be awarded.
- Sponsor makes no warranty, representation or guarantee of any kind regarding the tickets element of prize, including the warranty of merchantability or fitness for the required purpose.
- Releases.
BY PARTICIPATING, ENTRANT RELEASES AND AGREES TO HOLD HARMLESS ALPHA BAKING CO., INC., ITS SUBSIDIARIES, AFFILIATES, DIVISIONS; ITS PROMOTIONAL AND ADVERTISING AGENCIES; AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS, PRIZE SUPPLIERS, SUCCESSORS AND ASSIGNSFROM ANY AND ALL LIABILITY ARISING FROM PARTICIPATING IN THE CONTEST, ANY CONTEST-RELATED ACTIVITY OR THE ACCEPTANCE, POSSESSION, RECEIPT OR USE/MISUSE OF PRIZE, IF AND AS APPLICABLE.
BY ACCEPTING PRIZE, WHERE LEGAL, WINNER AGREES TO THE USE OF HIS/HER/THEIR NAME, IMAGE, PHOTO, LIKENESS, ADDRESS (CITY/STATE) AND OTHER INDICIA OF PERSONA/IDENTITY FOR ADVERTISING/TRADE/PUBLICITY PURPOSES BY SPONSOR AND ITS DESIGNEES WITHOUT FURTHER COMPENSATION, NOTICE OR APPROVAL.
- Eligibility.
Employees, officers and directors of Alpha Baking Co., Inc., its parent company, divisions, subsidiaries and affiliated companies; its promotional and advertising agencies; retailers of Alpha Baking Co., Inc.’s products; their immediate families (defined as parent, child, sibling, spouse), regardless of where they live; and the members of their same households, whether related or not; are NOT eligible to enter the Contest or win a prize.
- Limitations of Liability.
Sponsor assumes no liability or responsibility under any legal theory for:
- late, lost, illegible/garbled, corrupted, incomplete, inaccessible/blocked, jumbled, damaged or misdirected entries (all of which are void), regardless of cause;
- any incomplete, incorrect or inaccurate information, whether caused by tampering, hacking or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error;
- any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any web site, or entries; and any problems or technical malfunctions of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, programming or failure of e-mail on account of technical problems or traffic congestion on the Internet, web site or any combination thereof;
- errors of any kind in advertising/offering the Contest; or
- for injury or damage to entrant’s or to any person’s mobile device or desktop computer (or any information/materials stored therein) related to or resulting from downloading materials from any web site or participating in the Contest.
If for any reason an individual’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, such individual’s sole remedy is a replacement entry in the Contest to the extent feasible; and, if not feasible, Sponsor shall not have any liability of any kind.
Force Majeure. If the Contest cannot be conducted as originally planned due to any cause beyond Sponsor’s control (e.g., pandemic/epidemic, computer virus, act of fraud, strike, civil commotion, natural disaster), Sponsor may cancel, suspend, or modify the Contest and select the winners in a manner which is determined by Sponsor in its sole discretion to be fair, appropriate and consistent with these Official Rules. Notice of such action by Sponsor will be posted at https://www.srosens.com/NameABreadTruck .
Sponsor’s failure to enforce any provision of these Official Rules in a given circumstance shall NOT function as a waiver of such provision.
Tampering with the Contest, violation of these Official Rules or any attempt to defraud Sponsor in conjunction with the Contest will result in disqualification and perhaps legal sanctions.
12. Disputes; Choice of Law.
To the fullest extent permitted by law, entrant agrees that:
- any and all disputes regarding the Contest or these Official Rules shall be governed by the internal, substantive law of the State of Illinois (i.e., without regard to choice of law/conflict of law rules of Illinois or of any other jurisdiction);
- entrant is subject to the personal and exclusive jurisdiction of the United States District Court for the Northern District of Illinois or Illinois State court situate in Cook County;
- entrant waives any right of change of venue, inconvenient forum or the like;
- any action will be brought by entrant individually (NOT as part of a class action);
- entrant’s recovery in any such action is limited to actual costs involved in participating in the Contest (if any), with all rights to attorneys’ fees and any and all damages (including special, compensatory, punitive, consequential damages) being expressly waived.
If the preceding or any other provision of these Official Rules is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, it shall be replaced by a substitute provision that most closely approximates the original intent of Sponsor and is valid, legal and enforceable. The invalidity/illegality/unenforceability of a given provision shall not affect the remainder of these Official Rules.
13. Winners’ List.
For the name and city/state of each winner, send a self-addressed stamped envelope to
Alpha Baking, Attn: Stephanie P., 5001 W. Polk St., Chicago, IL 60644 for receipt by June 20, 2023. Winners’ list will be available after July 1, 2023.
SPONSOR: Alpha Baking Co., Inc., 5001 W. Polk St., Chicago, IL 60644.