Smith's Ultimate Milkshake Contest - Official Rules & Regulations
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: this campaign is open only to those who enter on Facebook at https://www.facebook.com/SmithsBrand. Must be 18 years old as of the date of entry. Campaigns are only open to legal residents of the United States, and is void where prohibited by law. Employees of SmithFoods, Inc., its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in any contests. Subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of SmithFoods, Inc. as final and binding as it relates to the content of all contests.
3. Contest Period: Contest runs from May 1, 2018 through July 31, 2018. A winner will be selected each month, and the winner will be contacted via private message on Facebook.
4. How to Enter: Enter on Facebook at https://www.facebook.com/SmithsBrand. Entrants must like the main contest post and comment on the post with their Ultimate Milkshake recipe containing Smith's products to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of SmithFoods Inc.
5. Prizes: The Winners of the contest (the “Winner”) will receive the specific prize associated with the original contest post. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by SmithFoods, Inc. No cash or other prize substitution shall be permitted except at SmithFoods, Inc's discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for SmithFoods, Inc. to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Winner Selection and Notification: Winner will be notified via private message on Facebook. Winners have 24 hours following notification to contact the Smith’s social media team and notify their awareness of becoming a winner. SmithFoods, Inc. and participating retailers shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize from the participating retailer within 30 days from the time award notification was confirmed, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in all contests is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT SMITHFOODS, INC‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
7. Rights Granted by You: By entering you understand and agree that SmithFoods, Inc., anyone acting on behalf of SmithFoods, Inc., and SmithFoods, Inc.’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the contest, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent.
8. Terms & Conditions: SmithFoods, Inc. reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the contest should virus, bug, non-authorized human intervention, fraud, or other cause beyond SmithFoods, Inc.’s control corrupt or affect the administration, security, fairness, or proper conduct of the contest. In such case, SmithFoods, Inc. may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by SmithFoods, Inc. SmithFoods, Inc. reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the contest or website or violates these Terms & Conditions. SmithFoods, Inc. has the right, in its sole discretion, to maintain the integrity of the contest, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by contest rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the contest may be a violation of criminal and civil laws. Should such attempt be made, SmithFoods, Inc. reserves the right to seek damages to the fullest extent permitted by law.
9. Disputes: THIS contest IS GOVERNED BY THE LAWS OF the Unites States of America AND Ohio, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this contest, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Ohio having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this contest). Participant further waives all rights to have damages multiplied or increased.
11. Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: SmithFoods, Inc. 1381 Dairy Ln, Orrville, OH 44667.
12. Sponsor: The Sponsor of the contest is SmithFoods, Inc. 1381 Dairy Ln, Orrville, OH 44667.
13. By entering any contest, You, the Contestant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules.