Pillsbury® Make America Sweeter Contest ("Contest")
OFFICIAL RULES
NO PURCHASE NECESSARY.
HOW TO ENTER: Write an essay of 100 words of less on "How You Make America Sweeter" with Pillsbury® Baking Products (baking mixes, frostings, or flours) and submit your essay along with either a video or a photo illustrating your essay ("Entry"). Starting 10/17/08 you may enter in either of the following ways:
1) By Mail - print your name, complete address, daytime phone number, e-mail address (if applicable) and date of birth on the back of your essay and mail your Entry (including both your essay and photo or video) in an envelope with proper postage affixed to: Pillsbury® Make America Sweeter Contest, P.O. Box 8501, Prospect Hts., IL 60070. Entries must be postmarked by 12/31/08 and received by 01/07/09. Enter as often as you wish, but each Entry must be substantially different and mailed in a separately postmarked outer mailing envelope. Photo must be no larger than 8 x 10. Video must be 25 seconds or less and submitted on a VHS video tape or DVD/CD. Essay must be hand-printed or typed on a piece of 8 1/2" x 11" paper and must be in English.
2) Online – starting at 12:00 AM ET on 10/17/08, go to www.pillsburybaking.com/campaign and follow the on-screen directions to submit your Entry. Internet Entries must be submitted by 11:59 PM ET on 12/31/08. Photos must be submitted in one of the following formats: jpeg/jpg, gif, tif/tiff, eps (2 mb max). Videos must be submitted in one of the following formats: .wmv, .mov, .mpg, .mpeg, .mp4, .m4v, .qt, .rm (4 mb max). Essays must be submitted in one of the following formats: complete text box, or upload .doc, .txt, or .pdf (2 mb max). No robotic, programmed, script, macro or other automated Entries. Enter as often as you wish, but each Entry must be substantially different.
All Entries become the property of The J.M. Smucker Company ("Sponsor") and none will be returned. Entrant may only enter an essay, video or photo to which he/she owns all legal rights. Entries must not include any intellectual property of third parties including, without limitation, copyrighted material or trademarks. By submitting an Entry, entrant warrants and represents that all persons appearing in the video or photo have consented to (a) appear in the video or photo, (b) have the Entry submitted into the Contest, and (c) Sponsor's use of the Entry as provided in these Official Rules.
ELIGIBILITY: The Contest is open to legal residents of the 50 United States and D.C., 18 years of age or older. Employees of Sponsor, its affiliates, subsidiaries, sales representatives, advertising, sales promotion and judging agencies and all other service agencies involved with the Contest, and members of the immediate families (parent, child, sibling and spouse of each) or households of any of the above are not eligible.
Winner Selection: Initial Judging: Entries will be judged by a qualified panel of judges based on creativity/originality (up to 25 points), clarity of expression (up to 25 points), relevance to theme (up to 25 points), and composition of photo/video (up to 25 points). The Entries accumulating the top 3 point totals according to the criteria listed above will be declared finalist Entries (subject to eligibility verification). In the event of a tie by the judges, the Entries involved in the tie will be re-judged by an additional judge who will serve as a tiebreaker and who will evaluate Entries according to the criteria listed above.
Online Voting: The 3 finalist Entries will be posted on the Sponsor's website, www.pillsburybaking.com/campaign where consumers will be asked to vote for the best Entry based on the above criteria. Finalists may be required to submit appropriate releases from those appearing in the photo/video prior to posting on the website. The voting period will start at 12:00 AM ET on or about 1/14/09 and will end at 11:59 PM ET on 2/20/09. Limit one vote per person/e-mail address. Automated methods of voting are prohibited. The Grand, First and Second Prize winners will be determined on or about 2/27/09 by the combined scores of the Initial Judging and the Online Voting Scores. The decisions of the judges will be final and binding on all matters relating to the Contest.
PRIZES: One Grand Prize: a $5,000 Kitchen Makeover, awarded as a check and a Pillsbury® Gift Basket with Pillsbury® Baking products and branded items. Approximate Retail Value ("ARV"): $5,075.00. Sponsor will also donate $5,000 to Feeding America™ in winner's honor. One First Prize: a Baking Essentials Kit, consisting of a KitchenAid® Professional 600™ Stand Mixer, a KitchenAid® 12-cup Food Processor, a set of KitchenAid® Slider® Cookie Sheets, a KitchenAid® Fluted Cake Pan, and a Pillsbury® Gift Basket with Pillsbury® Baking products and branded items. ARV: $554.20. One Second Prize: a KitchenAid® Artisan® Mixer, a set of KitchenAid® Slider® Cookie Sheets, and a Pillsbury® Gift Basket with Pillsbury® Baking products and branded items. ARV: $300.00. Total ARV of all prizes: $5,929.20. No substitutions, cash reimbursement or transfer of any prizes permitted, except Sponsor reserves the right to substitute a prize of equal or greater value. All prizes will be awarded provided they are properly claimed in accordance with these Official Rules and a sufficient number of eligible Entries are received. Limit one prize per person, household or family.
GENERAL TERMS & CONDITIONS: Allow up to eight weeks for shipment of prizes following verification. All potential winners will be notified by mail. If a prize is won by a minor, it may be awarded in the minor's behalf to a parent or legal guardian, who must sign any required documents. Potential Grand Prize winner (or winner's parent/legal guardian if winner is a minor) must execute and return an affidavit of eligibility and liability/publicity release (where permissible) within 14 days of receipt of notification or prize will be forfeited and an alternate winner selected on the basis of the criteria stated herein. By entering the Contest, entrants agree to release, hold harmless and indemnify the Sponsor, its affiliates, subsidiaries, distributors and each of their respective shareholders, directors, officers, employees and agencies, from and against any and all liability whatsoever for any injuries, losses, harm, damage (including but not limited to property damage, personal injury and/or death), claims, actions, costs and expenses (including without limitation, all attorneys' fees and court costs) arising directly or indirectly from or in connection with his/her participation in the Contest, acceptance, possession or use/misuse of the prize or participation in any prize-related activity. Submission of a Contest Entry grants Sponsor and its agents the right to publish, use, adapt, edit and/or modify the Entry in any way, in commerce and in any and all media worldwide, without limitation and without further consideration to the entrant. Submission of any Entry further constitutes the entrant's (or his/her parent's or guardian's) consent to irrevocably assign and transfer to the Sponsor any and all rights, title and interest in and to the Entry, including, without limitation, all intellectual property rights. Entrant must be the sole creator of the Entry submitted and the Entry may not have been published previously and must not infringe upon any other person's rights. Acceptance of a Contest prize will further constitute and signify the winner's agreement and consent (or that of parent or legal guardian if winner is a minor) that the Sponsor and/or Sponsor's assignee may use the photo and the winner's name, photograph, likeness and/or prize information for promotional purposes in commerce and in all media worldwide without limitation and without further compensation, except where prohibited. Winners are solely responsible for any federal, state or local taxes on prizes. All federal, state, and local laws and regulations apply. Void outside the United States and D.C. and where prohibited. Sponsor reserves the right to take such action as it deems necessary to enforce these Official Rules and ensure the fair operation of the Contest, including without limitation, barring and disqualifying participants who do not comply with these Official Rules. If, for any reason, the Contest is not capable of running as planned by any cause which, in the sole opinion of the Sponsor, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Contest, or if due to any technical, production, or other error, more prizes are claim or awarded than are described in these Official Rules, Sponsor reserves the right, at its sole discretion to cancel, terminate, modify or suspend the Contest and determine winners from eligible Entries received prior to action taken, or as otherwise deemed fair and equitable. No more than the number of prizes stated in these Official Rules will be awarded. By entering, entrants agree and consent: (a) that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, will be governed by, and construed in accordance with, the laws of State of Ohio, without giving effect to any choice of law or conflict of law rules, and (b) to the jurisdiction and venue of the federal, state and local courts located in Cleveland, Ohio with respect to any such claim or issue.
LIMITATIONS OF LIABILITY: In the event of a dispute regarding the identity of an entrant, such Entry will be deemed to be made by the authorized account holder of the e mail address submitted at the time of entry. "Authorized account holder" is deemed as the natural person who is assigned to an e mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e mail addresses for the domain associated with the submitted e mail address. Neither Sponsor nor its agencies are responsible for lost, late, stolen, illegible, misdirected, or non-delivered mail or Entries; or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website or other connections availability, accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, satellite, or cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of Entry or other information or the failure to capture, or loss of, any such information. Neither Sponsor nor its agencies are responsible for any incorrect or inaccurate information, whether caused by Website users, or by any equipment or programming associated with or utilized in the Contest and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of Website. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds may be tampering with the entry process or operation of the Contest or Website, may be acting in violation of the terms of the Website or may be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Any attempt to deliberately damage any web site or undermine the legitimate operation of the Contest is unlawful and subject to legal action by Sponsor or its agents.
IN NO EVENT WILL SPONSOR, ITS AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANTS ACCESS TO OR USE OF THE WEBSITE OR DOWNLOADING FROM AND OR PRINTING MATERIAL DOWNLOADED FROM SAID WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURSIDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
WINNERS LIST: For the names of prize winners, available after 03/06/09, send a self-addressed stamped business-size envelope with proper postage affixed to: Pillsbury® Make America Sweeter Contest Winners List, 1851 Elmdale, Glenview, IL 60026. Requests must be received by 04/30/09.
SPONSOR: The J.M. Smucker Company, One Strawberry Lane, Orrville, OH 44667
Administrator: Promotion Activators, Inc., 1851 Elmdale, Glenview, IL 60026.
©/® The J.M. Smucker Company. Pillsbury is a trademark of The Pillsbury Company, LLC, used under license. KitchenAid, Professional 600, Slider and Artisan are trademarks of KitchenAid, U.S.A.
KitchenAid is not a sponsor of or participant in the Contest. Feeding America is a trademark of Feeding America, Inc. Feeding America is not a sponsor of or participant in this Contest.