SMITHFIELD “GRILLING HERO” PROMOTION
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ELIGIBILITY: The Smithfield “Grilling Hero” Promotion, which consists of the “Grilling Hero” Instant Win Game (the “Game”) and the “Grilling Hero” Sweepstakes (the “Sweepstakes”) (collectively, the “Promotion”) is open only to individual, legal residents of the 50 United States, District of Columbia (“D.C.”) and Puerto Rico, who are 18 years of age or older as of the date of entry. Employees, officers and representatives of Smithfield Fresh Meat Sales Corp. (“Sponsor”), Advantage Solutions d/b/a Edge Marketing (“Administrator”) and each of their respective parent companies, affiliates, subsidiaries, advertising, fulfillment and marketing agencies, and members of the immediate families (spouse, parent, grandparent, child, grandchild, sibling and their respective spouses, regardless of where they reside) and households (whether related or not) of any of the above are not eligible to participate in the Promotion. By participating you agree to be bound by the Official Rules and the decisions of the Sponsor and Administrator, which are final and binding in all respects. Void outside the 50 United States/D.C. and Puerto Rico and where prohibited by law. The Promotion is subject to all applicable federal, state and local laws and regulations. Unless otherwise indicated, all language contained herein applies to both the Game and the Sweepstakes.
TIMING: The Game and Sweepstakes begin at 12:00:01 PM Eastern Time (“ET”) on 4/2/19 and end on 9/4/19 at 11:59:59 AM ET (“Game Dates”).
TO ENTER THE SWEEPSTAKES: Visit www.SmithfieldGetGrilling.com (the “Website”) during the Game Dates. At the Website, follow the on-screen instructions to complete the registration form in its entirety, share your story with no more than one hundred (100) words on how Smithfield Fresh Pork helps you to get grilling (the “Story” and, combined with the registration form, the “Entry”), and follow the instructions to submit your Entry to receive one (1) entry into the Sweepstakes. Limit: one (1) Entry per person/email address for the entire Promotion. All Entries must be received by 11:59:59 AM ET 9/4/19, the date the Sweepstakes ends. Stories will not be judged and will have no bearing on the selection of winners in the Sweepstakes.
Story must be in English, must not exceed one hundred (100) words and cannot infringe upon any rights of any third party including but not limited to any copyright, trade name, trademark, property rights, rights of privacy or publicity or any other rights of any person or entity, other than Smithfield Fresh Pork. Sponsor reserves the right to disqualify any Entry it deems to be unresponsive to the call-to-action, inappropriate, offensive or not in keeping with Sponsor’s image, in its sole discretion.
Each entrant into the Sweepstakes hereby irrevocably grants to Sponsor, its designees, affiliates, successors and assigns, the non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display the Story in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms of internet and wireless protocol in perpetuity and throughout the universe for advertising, marketing, publicity and promotional purposes in connection with the Promotion and other promotions. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Story for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Sponsor has wide access to ideas, stories, designs and other literary/artistic materials submitted to it from outside sources or being developed by its own employees and that such ideas/stories/designs/literary/artistic materials may be competitive with, similar to (or even identical to) the Story submitted by entrant as part of his/her Entry and that Sponsor shall have no liability to entrant or any third party in conjunction therewith; and (II) Sponsor and its agencies do not have any duty of confidentiality or other fiduciary duty to entrant relative to a story submitted as part of his/her Entry.
SWEEPSTAKES DRAWING AND PRIZE: There will be a random drawing conducted on or about 9/6/19 to select one (1) potential Grand Prize winner. The random drawing will be conducted by Administrator, from all eligible Entries received. Odds of winning the Grand Prize will depend on the number of eligible Entries received. One (1) Grand Prize: $5,000.00 (“Prize”). Prize will be awarded in U.S. Dollars in the form of a check payable in the name of the winner. Allow 4-6 weeks to receive Grand Prize from winner verification date.
SWEEPSTAKES GRAND PRIZE WINNER NOTIFICATION/VERIFICATION: Potential Grand Prize Winner will be notified by the email address used to register. Potential Prize winner must respond to such email with the requested information within seventy-two (72) hours of date notified or the Grand Prize will be forfeited and may be awarded to an alternate winner. Potential Grand Prize winner will be required to complete, sign and return an Affidavit of eligibility, liability release and (where lawful) a publicity release and an IRS Form W9. Noncompliance by date specified for the return of the documents, or return of these documents or any prize or prize notification as undeliverable, will result in disqualification. Sponsor is not responsible for any change of email address. Grand Prize will be awarded assuming a sufficient number of eligible entries are received.
TO PLAY THE INSTANT WIN GAME/PRIZES: Visit the Website during the Game Dates and follow the on-screen directions to play the Game. You will receive a message after Game play to notify you if you are a winner, subject to verification of eligibility and compliance with these Official Rules. Winners will receive a follow up notification to the email address used to register within two (2) weeks to include prize details. Limit of one (1) Game play per person/email address per day. For purposes of these Official Rules, a ‘day’ is any twenty-four (24) hour period during the Game Dates beginning at 12:00:01 PM ET and ending at 11:59:59 PM ET. One (1) Game Prize per Day will be awarded: (10) $10 Walmart gift cards; (30) Weber instant-read thermometer, Approximate Retail Value (“ARV”): $10; (25) Gallo Branded T-shirt and Tuffy Stone Cookbook, ARV $47; Smithfield Branded Items; (25) insulated tote bag, ARV $10; (25) hat, ARV $15; Twisted Tea Branded Items; (5) belt buckle, ARV $50; (10) cowboy hat, ARV $34; (12) mason jar and sunglasses, ARV $38; (10) sunglasses and sticker, ARV $26 and (3) sunglasses, ARV $24. One (1) Game prize will be randomly time seeded each day of the Game Dates and the first player to complete a Game play on or after a winning time will be the potential prize winner of the corresponding prize. Odds of winning a Game prize will be determined by the number of Game plays and the time at which the Game play is received. Allow approximately 4-6 weeks for shipment of Game prize following verification of eligibility. In the event more prizes are claimed than are intended to be awarded, Sponsor reserves the right, as applicable, to award the stated prizes in a random drawing from among all valid prize claims received. In no event will Sponsor be liable for more than the stated number of prizes listed in these Official Rules. Prize claims that are received late or are defaced, mutilated, tampered with, obtained via illegitimate channels or altered in any way or which contain printing errors or those not obtained through legitimate channels will be automatically void. Prizes that are not claimed in accordance with these Official Rules and/or by 9/15/19 will not be awarded. All materials submitted in connection with this Game become the property of Sponsor and will not be acknowledged or returned. UNCLAIMED PRIZES WILL NOT BE AWARDED.
ARV of Sweepstakes and Instant Win Game Prizes: $8,578.00.
PRIZE RESTRICTIONS: No substitution, assignment or transfer of prize permitted by any winner. Sponsor reserves the right to substitute a prize of comparable or greater value, at its sole discretion if an advertised prize or portion thereof becomes unavailable. All federal, state and local taxes and any other costs and expenses associated with the acceptance and use of any prize not specified herein are the sole responsibility of each winner. All prize details specified herein, including without limitation the brand, size, color, version, etc. shall be determined by Sponsor in its sole discretion.
Winners acknowledge that Released Parties (as defined below) have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers’ terms therefore, and winners agree to look solely to such manufacturers for any such warranty and/or guarantee.
GENERAL CONDITIONS: All federal, state and local income taxes on a prize are the sole responsibility of the winners. Entry into this Promotion and/or acceptance of any prize constitutes winner’s agreement (and agreement to confirm in this grant in writing, if requested) and permission for Sponsor and its agencies to use winner’s name/likeness, Story (if applicable), photograph and limited biographical information for advertising and trade purposes in any and all media worldwide without limitation and without further notice or compensation, unless prohibited by law. Acceptance of a prize further constitutes winner’s acknowledgement that the Released Parties (as defined below) have neither made, nor are in any way responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. By participating and/or accepting a prize (if applicable), Promotion entrants agree to release and forever discharge, hold harmless and covenant not to sue Sponsor, Administrator, participating retailers and each of their respective parent companies, affiliates, subsidiaries, distributors, agents and promotion and advertising agencies and the employees, directors and officers of each of the foregoing entities (collectively, the “Released Parties”), from and against any and all claims, demands, damages, losses and liabilities, of any nature whatsoever, which they may now or hereafter assert, including but not limited to, claims for bodily injury, death, damages, or illness arising out of or relating to or claimed to be arising out of or relating to participation in the Promotion, prize acceptance (if applicable), or the use or misuse of any Prize (if applicable) or participation in any Prize-related activity (if applicable) or while preparing for or traveling to any Prize-related activity (if applicable). Sponsor and its agents are not responsible for any printing or other errors in Promotion-related material. Sponsor reserves the right, in its sole discretion, to cancel, terminate or suspend this Promotion should causes beyond the control of Sponsor corrupt the administration, security or proper play of the Promotion. If the Promotion is terminated before the intended end date, Sponsor will award prizes in a random drawing from all eligible Entries received prior to the Promotion termination. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. By entering, entrant agrees that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the Commonwealth of Virginia; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys’ fees; and (c) to the extent allowed by applicable law, 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, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Virginia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Virginia. 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, the 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. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials and the terms and conditions of these Official Rules, the Official Rules shall prevail, govern and control. No more than the stated number of prizes shall be awarded.
Entries/game plays that are generated by script, macro, or other automated means and/or otherwise not in compliance with these Official Rules will be disqualified. Automated methods of entry, including entry via third party websites or services, are prohibited. Sponsor and Administrator are not responsible for (a) electronic transmissions or Entries/game plays that are lost, late, stolen, incomplete, damaged, garbled, destroyed, misdirected or not received by Sponsor or its agents for any reason or for any inaccurate and/or change of email and/or mailing address that may limit Sponsor or it’s agent to notify a prize winner and/or deliver a prize; (b) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operations or transmission, communication failures or human error that may occur in the transmission, receipt or processing of Entries/game plays, or for destruction of or unauthorized access to, or alteration of Entries/game plays; (c) failed or unavailable hardware, network, software or telephone transmissions, damage to entrants’ or any person’s computer, mobile device and/or its contents, or causes beyond Sponsor’s or Administrator’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of the Promotion; (d) incorrect or inaccurate registration information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Promotion; (e) any typographical or other error in any printing or advertising related to this Promotion, in the administration or execution of the Promotion, or in the announcement of a prize winner; or (f) cheating or fraud by any entrant. Sponsor is not responsible for any interruptions in phone service, unavailable network, server, Internet Service Provider (ISP), website or other connections that may limit a person’s ability to participate in the Promotion. Sponsor not responsible for change to entrant’s email address. In the event of a dispute regarding Entries/game plays received from multiple users having used the same e-mail account, the authorized subscriber of the e-mail account at the time of entry will be deemed to be the entrant (as long as such person is otherwise eligible to participate in accordance with these Official Rules) and must comply with these Official Rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider or other organization responsible for assigning e-mail addresses for the applicable domain. Incomplete or otherwise non-compliant Entries/registrations will be void. Standard data rates may apply if a mobile device is used for Promotion participation. Check with your wireless service provider for details. Wireless internet access may not be available in certain areas and is not available on all mobile devices/wireless service providers.
WINNER’S NAME: For winner names, send an email to be received by 10/31/19 to: Winners@ASMnet.com and include “Smithfield Grilling Hero Promotion” in the subject line. Name will be sent after the Grand Prize winner has been verified.
SPONSOR: This Promotion is sponsored solely by Smithfield Fresh Meat Sales Corp., 200 Commerce St., Smithfield, VA 23430.