“S&W® TOMATO OF THE MONTH CLUB” SWEEPSTAKES PROMOTION (THE “PROMOTION”) — OFFICIAL RULES AND REGULATIONS
This Promotion is intended for viewing and participation in the 50 United States and Washington D.C. only and shall be construed and evaluated according to the laws of the 50 United States and Washington D.C. Please do not enter if you are not a legal resident of, and not located in, 50 United States or Washington D.C. at time of entry. VOID IN PUERTO RICO, THE U.S. VIRGIN ISLANDS, OTHER U.S. TERRITORIES AND POSSESSIONS, AND WHERE PROHIBITED BY LAW.
NO PURCHASE NECESSARY TO ENTER OR WIN.
1. PROMOTION PERIOD: Starting September 1, 2008 at 09:00:00 AM Central Time ("CT") and ending February 28, 2009 at 11:59:59 PM CT (the "Promotion Period").
2. ELIGIBILITY: To enter and be eligible to win, you must be a legal resident of the 50 United States or Washington, D.C., be 18 years of age or older, and have a valid email address. Persons in any of the following categories are NOT eligible to participate or win prizes: (a) any person who, at any time on or after September 1, 2008, was or is an employee of epicurious.com or was or is a director, officer, or employee of Del Monte Corporation (the "Sponsor"), or its parent, subsidiaries, affiliates, franchisees, or service agencies; (b) individuals engaged in the development, production or distribution of materials for the Promotion or engaged in the administration or execution of this Promotion (collectively with the entities in 2(a), the "Promotion Entities"), and (c) persons who are or purport to be immediate family members (defined as biological or step-mother, father, sister, brother, daughter, son or dependent or spouse of any of the foregoing) of any person in any of the preceding categories, regardless of where they live, or who reside in the same household (i.e., live in the same household for at least 3 of the 12 months preceding the start of the Promotion Period, whether related or not) as any person in any of the preceding categories. Void outside the 50 United States and the District of Columbia, in Puerto Rico, the U.S. Virgin Islands, other U.S. territories and possessions, and where prohibited by law. Promotion is subject to all applicable federal, state and local laws.
3. HOW TO ENTER: To enter, during the Promotion Period, visit www.smallbatches.com, and follow the instructions to register for the "Tomato of the Month Club". Once you have read and accepted these Official Rules and have completed your registration, you will be automatically entered. Registration is free. Limit of one (1) registration per person per email address for the entire duration of this Promotion. If it is discovered that you have registered or attempted to register more than ONCE using one or more names or email addresses, all of your entries will be declared null and void, you will be disqualified and any prize you might have been entitled to receive will be forfeited. All registrations must be received by 11:59:59 PM CT on February 28, 2009 to be eligible.
4. RANDOM SWEEPSTAKES DRAWING: On or about Thursday, March 12, 2009, the Promotion Judges will randomly draw twelve (12) eligible entries ("Potential Winners") from among all eligible entries received during the Promotion Period. The odds of winning a prize depend on the total number of eligible entries received during the entire Promotion Period. Limit: one (1) Prize per person and per household.
5. PRIZES (12): One (1) $500.00 CHEFS gift card that may be used to purchase cookware, and five (5) $0.75-off coupons towards the purchase of S&W® tomato products. Coupons are subject to terms and conditions specified thereon. Approximate Retail Value ("ARV") of each prize package: $503.75.
Total ARV of all prizes: $6,045.00. Winners acknowledge that Promotion Entities 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.
Prizes are not transferable or redeemable for cash and must be accepted as awarded, with no substitutions of any kind, except by the Sponsor, who reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, at its sole discretion. All federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided, are each Winner's sole responsibility. All prize details are at the Sponsor's sole discretion. All gift cards/certificates are subject to the terms and conditions as specified by issuer.
CONDITIONS OF ENTRY:
7. By entering, entrants (i) acknowledge compliance with these Official Rules including all eligibility requirements and, (ii) agree to be bound by the decisions of the Sponsor and/or Promotion Judges, made in their sole discretion, which shall be final and binding in all matters relating to this Promotion. Entrants who have not complied with these Official Rules are subject to disqualification and all associated registrations/entries will be void.
8. Promotion Entities are not responsible for late, lost, damaged, stolen, misdirected, mutilated, garbled, incomplete, or inaccurate registrations or entries. Proof of transmission (screenshots or captures, etc.) does not constitute proof of delivery. All registrations and entries become the property of Sponsor and will not be returned.
9. Sponsor reserves the right to disqualify any entrant's registration in the Promotion (and void all associated registrations and/or entries) or entitlement to a prize, if, in the sole discretion of the Sponsor, it determines or suspects that the entrant has attempted to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other fraudulent, deceptive or unfair playing practices (including any entries generated by script, macro, robotic, programmed, or any other automated means).
10. If a dispute arises regarding who submitted an entry, the entry will be deemed to be submitted by the authorized account holder of the email address provided at time of registration and he/she must comply with these Official Rules. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
11. As a condition of entering, entrants agree: (a) to release Promotion Entities from any and all liability, loss or damage incurred with respect to participating in the Promotion or the awarding, receipt, possession, and/or use or misuse of any prize, (b) that 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; (c) all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, and in no event will entrants be entitled to receive attorneys' fees and court costs.
PROMOTION OPERATION:
12. Sponsor reserves the right in its sole discretion to cancel, modify or suspend this Promotion (or any portion thereof) at any time, if fraud, technical failures, including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes corrupt the administration, security, integrity or proper play of the Promotion. If terminated, Sponsor may, at its discretion, conduct a random drawing to award the prizes from among all non-suspect, eligible entries received up to time of such action.
13. Promotion Entities do not warrant that access to the Promotion will be uninterrupted. Promotion Entities are not responsible for any problems that may arise, including but not limited to: (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, cable, Internet Service Providers, Web sites, or other connection, availability or accessibility problems arising in connection with or over the course of the Promotion; or (b) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of any prize or in any prize notification documents or any other Promotion-related materials; or (d) for any other errors of any kind relating to or in connection with the Promotion, whether human, mechanical, clerical, electronic, or technical in nature, including, but not limited to, errors which may occur in connection with the administration of the Promotion or the processing of registrations and/or entries; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Promotion; or (f) damage to a user's system occasioned by participation in this Promotion or downloading any information necessary to participate in this Promotion.
DISCLOSURES:
14. Any attempt by an entrant or other individual to deliberately damage any website or undermine the legitimate operation of this Promotion, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorneys' fees) from any such individual to the fullest extent permitted by law, including criminal prosecution. Entrant engaging in any of the foregoing activities may be disqualified, all associated registrations/entries will be void and will forfeit any prize(s) won.
15. In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in Promotion Materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Promotion as set forth in these Official Rules shall prevail.
16. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the substantive laws of the State of California without regard to California conflicts of law principles. All entrants consent to the jurisdiction and venue of the State of California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the substantive laws of the State of California without regard to California conflicts of law principles. All entrants consent to the jurisdiction and venue of the State of California.
17. 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. In particular, Sponsor's employees are not authorized to waive, modify or amend any provision or provisions of these Official Rules in any manner whatsoever.
18. This Promotion is solely sponsored by Del Monte Corporation, One Market @ The Landmark, San Francisco, CA 94105.
19. For a list of the Winners, send a self-addressed postage stamped envelope to: "S&W® Tomato of the Month Club" Sweepstakes Promotion — Winners' List, P.O. BOX 11553, South Bend, IN 46634-0553, to be received by May 31, 2009. Winners' List will be sent after prizes have been awarded.
20. To review our privacy policy, please visit our web site at www.delmonte.com to see how we use personal information obtained in connection with this Promotion.