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PASTUREBIRD X NINJA X BUSHWICK INSTAGRAM SWEEPSTAKES OFFICIAL RULES

PASTUREBIRD X NINJA X BUSHWICK INSTAGRAM SWEEPSTAKES OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA, AND WHERE PROHIBITED. SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. BY SUBMITTING AN ENTRY, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM.

1. ENTRY PERIOD: The Pasturebird x Ninja x Bushwick Instagram Sweepstakes begins at 10 am Eastern Time (“ET”) onMonday October 25th, 2021 and ends at 10 am ET on Monday November 1st, 2021.

2. WINNER NOTIFICATION DATE: November 1st, 2021

3. ELIGIBILITY: The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older and who have reached the age of majority in their jurisdiction of residence at the time of entry (19 in Alabama and Nebraska; 21 in Mississippi). Officers, directors, and employees of Perdue Foods, LLC d/b/a Pasturebird and their respective parents, subsidiaries, representatives, contractors, consultants, mandatories, affiliated companies, franchisees, advertising and promotional agencies, legal counsel, website providers, webmasters, persons engaged in the development, production or distribution of materials for this Sweepstakes, and their immediate family members (parent, child, sibling, and spouse of each) and/or persons living in the same household as such officers, directors, and employees (whether related or not) are not eligible to enter or win a prize in this Sweepstakes. Entry into this Sweepstakes constitutes entrant's full and unconditional agreement to these Official Rules and to Sponsor’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.

4. SPONSOR/ADMINISTRATOR: The Sponsor and Administrator of this Sweepstakes is Perdue Foods LLC d/b/a/ Pasturebird, P.O. Box 1537, Salisbury, MD 21802.

5. HOW TO ENTER: You may only enter the Sweepstakes using Instagram. To enter:

a. You must be following the official accounts for: Ninja (@NINJAKITCHEN), Bushwick Kitchen (@bushwick_kitchen), and Pasturebird (@pasturebird) on Instagram;

b. You must “like” the photo posted on Pasturebird’s Instagram account posted on Monday October 25th (“Sweepstakes Photo”); and

c. You must tag two (2) friends in the comments of the Sweepstakes Photo.

The comment that you post must meet the requirements set forth below and must otherwise be compliant with all the provisions of these Official Rules and the Instagram Community Standards. Once you have completed these steps, you will automatically be entered with one (1) entry into

the Sweepstakes. If you do not have an Instagram account, you may sign up for a free account at www.instagram.com. Text and data charges may apply if you are accessing Instagram from your mobile device to enter this Sweepstakes. Check your wireless carrier for mobile phone capabilities and pricing plan details.

Entries received via any method described above will be referenced herein as an “Entry.” The person who submits the Entry will be considered the entrant (“Entrant” or “you”).

Submission of erroneous or incomplete information will void the submitted Entry. Limit one (1) Entry per person, per household. By submitting an Entry via Instagram, the Entrant consents to being contacted by direct message (“DM”) on Instagram if selected as a potential winner. Entries will not be acknowledged or returned. In the event of a dispute as to any Entry, the authorized account holder of the Instagram account will be deemed to be the Entrant and he/she must comply with these Official Rules. The "authorized account holder" is the natural person assigned the Instagram account. The potential winner may be required to show proof of being the authorized account holder or forfeit the prize. Each Entry must be manually key stroked and manually entered by the individual Entrant; automated and/or repetitive electronic submission of Entries (including but not limited to Entries made using any script, macro, bot or sweepstakes service) will be disqualified. No mail-in entries will be accepted, and all such entries will be void. All Entries must be in English. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply.

Your Entry may not contain any content that the Sponsor, in its sole discretion, determines to:

(a) be vulgar, offensive, sexually explicit, profane or pornographic;

(b) be derogatory of any race, ancestry, place of origin, color, ethnic origin, citizenship, religion, sex, sexual orientation, age, marital status, family status or disability; endorse any form of hate or hate group; defame, or misrepresent other people, products or companies;

(c) be violent or promotes the use of alcohol, illegal drugs, tobacco, or weapons; promote unsafe activities;

(d) be the previous recipient of any award;

(e) be previously published;

(f) promote any political agenda or message;

(g) appear to duplicate any other submitted Entry;

(h) contain copyrighted materials owned by others;

(i) contain third-party trademarks, logos, trade dress or insignia, except The Perdue Farms® materials (as defined below), including brand names of products;

(j) contain any personal identification, such as persons’ names, e-mail addresses, street addresses or license plate numbers;

(k) contain any material that violates or infringes another's rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement;

(l) violate any federal, state, or local laws or ordinances; or

(m) include or refer to any third parties, including but not limited to minors, celebrities, and friends, who have not expressly authorized such inclusion or reference. Entrant must be prepared to provide signed third-party authorizations upon request.

The Sponsor reserves the right to reject any Entry which Sponsor determines, in its sole and absolute discretion, does not meet the above criteria. Sponsor reserves the right to remove any Entry without prior notice.

By entering this Sweepstakes, you signify and agree that your Entry and any other materials submitted in connection with this Sweepstakes may be posted or otherwise appear on Sponsor’s website and/or other social media sites or applications for public viewing during or after the conclusion of the Sweepstakes Period. Released Parties (as defined below) are not liable for the use of any Entry by any third party. Entrant acknowledges and agrees that Released Parties have no, nor shall have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to any Entry.

6. SELECTION OF WINNERS: Two (2) eligible Entries received during the Entry Period will be randomly selected to be prize winners on or about Monday November 1st, 2021 subject to verification of eligibility and compliance with these Official Rules. The odds of winning are based on the number of eligible Entries received.

Verification of Potential Winners: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR AND/OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.

7. PRIZES: There are three (3) prize packages to be won with one (1) First Prize Winner and two (2) Runner-Ups. The components of each prize are described in Table 1 below. Total Estimated Retail Value (“ERV”) of each prize is listed in the table column ERV. Total ERV of all prizes is $813.99

Prize Name Prize Components ERV

First Prize (1) One (1) Ninja Air Fryer One (1) Pasturebird Bundle - Pasturebird Chicken Cuts-10 pack One (1) Bushwick Kitchen Bundle $100 worth of Bushwick Kitchen products from their drool-worthy assortment of maple syrups, srirachas, honeys, pancake mixes and hot sauces. $219.99 air fryer $99-Pasturebird Chicken Cuts Package $99-Bushwick Bundle

Runner Up Prizes (2) Each Runner Up will receive: One (1) Pasturebird Bundle -Pasturebird Chicken Cuts-10 pack One (1) Bushwick Kitchen Bundle $100 worth of Bushwick Kitchen products from their drool-worthy assortment of maple syrups, srirachas, honeys, pancake mixes and hot sauces. $99- Pasturebird Chicken Cuts Package $99- Bushwick Bundle

 

Valid only in the U.S.A. and void where prohibited. Winners will be responsible for all taxes (including federal, state and local taxes) and any other costs and expenses associated with acceptance and use of the prize not described herein as being awarded. Prizes are not transferable, redeemable for cash, or substitutable except by Sponsor, which reserves the right, at its discretion, to substitute the prize or a portion of the prize with one of comparable or greater value. Sponsor will not replace lost or stolen prizes. Limit one (1) prize package per winner.

Each potential winner will be notified on or about Monday November 1st, 2021 as set forth in bullet six Selection of Winners via DM to his or her Instagram account (as applicable), and will be required to respond within three (3) business days of such notification. Except where legally prohibited, the potential winners may be required to sign and return an Affidavit of Eligibility and Publicity/Liability Release within five (5) days of the issuance of such document in order to claim his/her prize. If any prize or winner notification sent to a potential winner is undeliverable, or a response to any given e-mail, phone call or DM is not received within three (3) business days of the date of its issuance, or if he/she fails to sign and return the Affidavit of Eligibility and Publicity/Liability Release within the required time period (if applicable), or a potential winner does not comply with these Official Rules (in Sponsor’s sole discretion) or is disqualified for any reason, the prize may be forfeited and Sponsor will award the applicable prize to an alternate winner selected in accordance with the selection criteria described above. If no eligible winner can be found after three attempts to select an alternate, the prize may remain unawarded.

8. RELEASE/LIMITATIONS OF LIABILITY AND GENERAL CONDITIONS: By participating, Entrants agree as follows: to abide by these Official Rules, and to the decisions of Sponsor and the Administrator, which shall be final and binding in all respects; and THAT SPONSOR, ADMINISTRATOR, INSTAGRAM, AND ANY OF THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, WEBSITE PROVIDERS, WEB MASTERS, ADVERTISING AND PROMOTION AGENCIES, RETAILERS, DISTRIBUTORS AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL HAVE NO LIABILITY AND SHALL BE HELD HARMLESS FOR ANY DAMAGE, LOSS OR INJURY TO ANY PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE SWEEPSTAKES PRIZE, ENTRY OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, PANDEMIC, EPIDEMIC, WEATHER, OR TERRORISM. EVERYTHING RELATING TO THIS SWEEPSTAKES, INCLUDING ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. Released Parties are not responsible for lost, delayed, interrupted or unavailable network, cable, satellite, Internet Service Provider (ISP), server, or other connections, miscommunications, failed phone, computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or other errors or malfunctions, problems or difficulties of any kind whether computer, network, human, mechanical, electronic, printing, typographical or otherwise relating to or in connection with this Sweepstakes, including, without limitation, errors, problems or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of Entries, the announcement of the prizes or in any Sweepstakes-related materials or for any damage to Entrant’s or other person’s hardware or software as a result of participation. Released Parties are also not responsible for Entries or mail that are illegible, lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered or postage due, garbled or delayed by computer transmissions, and all such Entries

are void. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Persons found tampering with or abusing any aspect of this Sweepstakes or who are in violation of these Official Rules as solely determined by Sponsor will be disqualified and their Entry/ies will be void. Every Entry must be manually keystroked and manually entered by Entrant and repetitive automated electronic submission of Entries is specifically disallowed. Use of script, macro or automated entry software or programs or any other means that subvert the entry process is prohibited and all such Entries will be void. In the event the Sweepstakes is compromised by virus, bugs, worms, non-authorized human intervention, or other causes which corrupt or impair the administration, security, fairness or proper play of the Sweepstakes, or if the Sweepstakes is unable to run as planned for any other reason, Sponsor reserves the right in its sole discretion to modify, suspend or terminate the Sweepstakes or any portion thereof and/or terminate the participation of any Entrant (and void his/her Entry/ies) whose conduct potentially compromises the Sweepstakes and, if terminated, at its sole discretion award the prizes in a random drawing from among all eligible non-suspect Entries received prior to the act requiring such termination. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. CAUTION: Any attempt by an Entrant or any other individual to damage any website associated with this Sweepstakes or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law.

AS A CONDITION OF PARTICIPATING, ENTRANT AGREES THAT A) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT OF POCKET EXPENSES, IF ANY, AND B) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES, OR ANY COMPENSATION OR CREDIT TO BE PROVIDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND C) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARD SHALL BE LIMITED TO ACTUAL OUT OF POCKET COSTS INCURRED, IF ANY, AND IN NO EVENT SHALL ENTRANT BE ENTITLED TO RECEIVE ATTORNEYS’ FEES OR OTHER LEGAL COSTS OR EXPENSES.

SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

9. LICENSE AND PUBLICITY RELEASE: EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES EACH ENTRANT’S GRANT TO SPONSOR (WHICH GRANT SHALL BE CONFIRMED IN WRITING AS CONDITION OF WINNING THIS SWEEPSTAKES), ITS PARENT, SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND PROMOTION AGENCIES,

SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, ENTRANT’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING WITHOUT LIMITATION THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. ENTRANTS AGREE THAT THE ENTRIES WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO ENTRANTS OR ANY THIRD PARTY.

BY SUBMITTING AN ENTRY, EACH ENTRANT AGREES THAT SUCH ENTRY, COMMUNICATIONS OR SUBMISSIONS, CREATIVE SUGGESTIONS, IDEAS, NOTES, CONCEPTS OR OTHER MATERIALS (COLLECTIVELY, THE "SUBMISSION") THAT ENTRANT MAY SUBMIT TO SPONSOR IN CONNECTION WITH THIS SWEEPSTAKES, INCLUDING ALL RIGHTS EMBODIED THEREIN, WHETHER SENT VIA A WEBSITE, BY ELECTRONIC MAIL OR BY SOME OTHER MEANS, WITH THE EXCEPTION OF PERSONALLY IDENTIFIABLE INFORMATION AS DEFINED IN SPONSOR’S PRIVACY POLICY, AVAILABLE AT HTTPS://WWW.PERDUEFARMS.COM/EN-US/CUSTOMER-SERVICE/PRIVACY-SECURITY/PRIVACY-POLICY.HTML, SHALL BE DEEMED TO BE NON-CONFIDENTIAL, NON-PROPRIETARY AND SPONSOR SHALL HAVE NO OBLIGATION OF ANY KIND WITH RESPECT TO SUCH SUBMISSION AND SHALL BE FREE TO EDIT, EXPLOIT, MODIFY, PUBLISH, REPRODUCE, USE, DISCLOSE, DISSEMINATE AND DISTRIBUTE THE SUBMISSION TO OTHERS WITHOUT LIMITATION IN ANY AND ALL MEDIA NOW KNOWN OR NOT CURRENTLY KNOWN, THROUGHOUT THE WORLD IN PERPETUITY FOR ANY PURPOSE WITHOUT COMPENSATION, PERMISSION OR NOTIFICATION TO ENTRANT OR ANY THIRD PARTY. BY SUBMITTING AN ENTRY, ENTRANT HEREBY GRANTS SPONSOR A ROYALTY FREE, IRREVOCABLE, AND WORLDWIDE, IN PERPETUITY LICENSE TO USE THE SUBMISSION IN ANY FORM OR FORMAT AND TO MODIFY THE SAME FOR USE FOR ANY PURPOSE, AND ACKNOWLEDGES AND AGREES THAT IF SPONSOR DOES USE THE SUBMISSION ENTRANT SHALL NOT BE ENTITLED TO ANY CREDIT, CONSIDERATION, NOTICE OR PAYMENTS OF ANY KIND. ENTRANT WAIVES ANY MORAL RIGHTS HE OR SHE MAY HAVE TO THE SUBMISSION, AND AGREES THAT IF SPONSOR ELECTS TO USE SUBMISSION FOR ANY PURPOSE, ALL RIGHTS UNDER COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS WHICH MAY RESULT FROM SPONSOR’S ELECTED USE OF THE ENTRANT'S SUBMISSION BY SPONSOR SHALL BE THE SOLE PROPERTY OF SPONSOR. EXCEPT WHERE PROHIBITED BY LAW, ENTRANT FURTHER AGREES THAT IF SPONSOR ELECTS TO USE THE ENTRANT'S SUBMISSION, ENTRANT WILL EXECUTE ANY DOCUMENTS REQUESTED BY SPONSOR REGARDING THIS LICENSE OR ASSIGNMENT. IF ANY USE BY

SPONSOR OF THE SUBMISSION CAUSES IT TO BE LIABLE TO ANY THIRD PARTY, ENTRANT AGREES TO INDEMNIFY SPONSOR AND ITS AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES AND ALL RELATED PARTIES FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) WHICH IT INCURS AS A RESULT OF ITS USE OF THE SUBMISSION.

10. DISPUTES/CHOICE OF LAW: You and the Sponsor waive all rights to trial in any action or proceeding instituted in connection with these Official Rules or the Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules or the Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. 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 Maryland in the United States, without giving effect to any choice of law or conflict of laws rules (whether of the State of Maryland or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Maryland.

11. PRIVACY/USE OF ENTRANT’S INFORMATION: Information submitted in connection with the Sweepstakes will be treated in accordance with these Official Rules and Sponsor's Privacy Policy (as may be amended from time to time), currently located at https://www.perduefarms.com/en-US/customer-service/privacy-security/privacy-policy.html; provided that in the event of any conflict between these Official Rules and such Privacy Policy, the terms and conditions of these Official Rules shall prevail.

11. Winners List/Official Rules: The names of the winners (available after Monday November 1st, 2021 and/or a copy of these Official Rules may be obtained by mailing a self-addressed, stamped #10 envelope to: Pasturebird x Ninja x Bushwick Instagram Sweepstakes Winners/Rules at P.O. Box 1537, Salisbury, MD 21802.

12. Sponsor/Administrator: The Sponsor and Administrator of this Sweepstakes is Perdue Foods LLC d/b/a/ Pasturebird, P.O. Box 1537, Salisbury, MD 21802.

Perdue Foods LLC d/b/a Pasturebird shall not be liable for technical, pictorial, typographical or editorial errors or omissions contained herein. Copyright © 2021 Perdue Foods LLC d/b/a Pasturebird. All trademarks and logos used herein are trademarks of Perdue Foods LLC d/b/a Pasturebird or other owners in the United States and/or other countries. All rights reserved.

Instagram is neither a sponsor nor promoter of this Sweepstakes.

 

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