NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING.
TIMING/DESCRIPTION: The Gwaltney “Any Time Of Day” Sweepstakes (“Sweepstakes” or “Promotion”) begins October 1, 2016 and ends December 15, 2016 (“Promotion Period”).
SPONSOR: Smithfield Packaged Meats Sales Corp., 111 Commerce Street, Smithfield, VA 23430.
ADMINISTRATOR: Exposure Marketing & Promotions, Inc., 1000 North Opdyke Rd, Auburn Hills, MI 48326.
ELIGIBILITY: Open only to legal residents of Alabama, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, New Jersey, North Carolina, Ohio, South Carolina, Tennessee, Virginia, or West Virginia, who are eighteen (18) years of age (and not a minor in his/her state of residence) or older. Employees, directors and officers and their immediate families (and the immediate families [spouses and parents, in-laws, siblings and children and their spouses) and household members of Smithfield Packaged Meats Sales Corp. (“Sponsor”), Exposure Marketing & Promotion, Inc., and their respective parent companies, subsidiaries and affiliates and companies involved in the implementation and execution of the Promotion (collectively, the “Promotion Entities”) are not eligible. Promotion is void outside the above-indicated states, in Puerto Rico, and U.S. Territories and jurisdictions (including overseas military installations) as well as where prohibited.
AGREEMENT TO THE OFFICIAL RULES: By participating in the Promotion, you fully and unconditionally agree to and accept these Official Rules and the decisions of the Sponsor and the Administrator, which are final and binding in all matters related to the Promotion and not subject to appeal. Winning a prize is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER THE SWEEPSTAKES: Purchase any Gwaltney product(s) during the Promotion Period (purchases made prior to the Promotion Period cannot be used for Promotion entry; returns or exchanges of previously purchased Gwaltney products as well as “rainchecks” for previously purchased Gwaltney products also do not qualify). You may enter online or** by mail. To enter online, go to www.gwaltneyanytimeofday.com, complete entry form with all required information and, when prompted, up-load a copy of proof of purchase (i.e., store-identified, dated receipt showing Gwaltney product purchase), for receipt by December 15, 2016 at 11:59 PM Eastern Time. OR, obtain a paper entry form at the take-one tearpad advertising display at participating retail locations in the above-indicated states. Mail completed entry form and proof of purchase to Gwaltney Any Time of Day, P.O. Box 210700, Auburn Hills, MI 48326, to be received by December 23, 2016. Should supplies of entry forms at a participating retail location be exhausted prior to the end of the Promotion Period, instead of using an entry form, you may print your complete name, address (including city, state and zip code), email address (if any), telephone number (including area code), and Gwaltney Any Time Of Day Entry on a 3” x 5” card/paper. To be valid, Gwaltney product(s) must be purchased via authorized, legitimate channels in the ordinary course of business (i.e., from a retailer selling Gwaltney product[s] to consumers.) A given purchase of a Gwaltney product may only be used for one (1) entry by the person making such purchase. For the avoidance of doubt, if purchasing more than one (1) Gwaltney product as part of the same purchase transaction, each Gwaltney product purchased may be used for a separate Entry. In such case, each Entry must include either the original or a copy of the proof of purchase.
**IF SUBMITTING ENTRY/PROOF OF PURCHASE ONLINE, DO NOT ALSO SUBMIT THE ENTRY/PROOF OF PURCHASE VIA MAIL. DOING SO WILL VOID BOTH ENTRIES AND RESULT IN DISQUALIFICATION FROM THE PROMOTION.
TO ENTER WITHOUT PURCHASE: Print your name, address (including city, state and zip code), email address (if any), telephone number (including area code), and the words Gwaltney Any Time Of Day Free Entry on a 3x5 card/paper and mail in a business-size (#10) envelope to P.O. Box 210700, Auburn Hills, MI 48326, for receipt by December 23, 2016.
MAXIMUM OF ONE (1) ENTRY OF ANY KIND PER PERSON/EMAIL ADDRESS PER DAY. Any Entries received in excess of the preceding entry limit will be disqualified. No mechanically reproduced entries will be accepted (with the sole exceptions of [a] online upload of proof of purchase of Gwaltney product and [b] copies of proof of purchase where more than one  Gwaltney product purchased in the same purchase transaction is used for entry). If submitting multiple Entries via mail, each Entry must be mailed separately. Sponsor and Administrator are not responsible for late, lost, stolen, damaged, delayed, misdirected, corrupted, jumbled, garbled/illegible, inaccessible or incomplete Entries (and, incomplete Entries expressly include but are not limited to omission of proof of purchase, as applicable). Sponsor and Administrator are also not responsible for postage due mail. Entries become the property of Sponsor and will not be returned. Entries will not be acknowledged by Sponsor, except that on-line Entries may be acknowledged by Sponsor in its sole discretion; and, in such case, any such acknowledgment does not constitute any representation of eligibility for the Promotion or notification of selection as a potential Prize winner in the Promotion. Proof of submission of entry does not constitute proof of entry/proof of receipt.
WINNER DETERMINATION. Winners will be selected in a random drawing, consisting of all eligible Entries received during the Promotion Period. The drawing will be conducted on or about January 5, 2017 by Administrator, an independent judging organization. Odds of winning a prize depend on the number of eligible Entries received during the Promotion Period. Potential winners will be contacted by the Administrator by telephone, mail and/or email (method of notification being in the sole discretion of Sponsor/Administrator) and will be required to complete and return an Affidavit of Eligibility and Liability Release and except where prohibited by law, a Publicity Release Form (“Affidavit/Release”) within (5) business days to be eligible to claim a prize. If a potential Prize winner entered in conjunction with making a Gwaltney product purchase, Sponsor reserves the right to condition eligibility upon validation of legitimacy of Gwaltney product purchase. If a potential Prize winner fails to timely execute and return the Affidavit/Release or if he/she is otherwise ineligible to receive the prize or potential Prize winner cannot be contacted after reasonable effort as determined by Administrator in its sole discretion, an alternate will be selected from among all remaining eligible Entries received during the Promotion Period.
GRAND PRIZE (1): $5,000 of free groceries, awarded as a grocery store gift card.
RUNNER-UP PRIZE (3): $1,000 of free groceries, awarded as a grocery store gift card.
TOTAL VALUE OF ALL PRIZES: $8,000.
Sponsor will determine issuer of gift card which may (or may not) be the same retailer where winner made Gwaltney product purchase (if applicable). Gift card is subject to terms and conditions of use of applicable retailer, which may include expiration date (where lawful). All expenses and costs related to acceptance and use of prize not expressly listed above are entirely the winner’s responsibility. There is a limit of one (1) prize per family/household/address. Prizes cannot be assigned or transferred. No cash or other substitution may be made except by Sponsor which reserves the right to substitute a prize with another prize of comparable value if the intended prize is not available for any reason as determined by Sponsor in its sole discretion. (The preceding is subject to applicable law as to the cash redemption/exchange of gift cards.) Winners will be solely responsible for all applicable taxes (not limited to federal, state, local and/or income) on prize, which will be reported to applicable governmental authorities as required by law. Each winner will be required to provide his/her Social Security number or tax ID# for tax reporting purposes; and, Sponsor will file an IRS Form 1099 with the Internal Revenue Service for the value of the prize. Except where prohibited by law, acceptance of prize constitutes permission for Sponsor and its designees to use winner’s name, hometown, likeness, statements, and other personally identifiable information for promotional, advertising and marketing purposes in any media throughout the world without additional prize, incentive, consideration, consent or review; and upon request, winner will provide written consent to such use.
GENERAL CONDITIONS / RELEASE: By participating, Entrants (a) release Promotion Entities, their respective directors, officers, agents and employees (collectively the “Released Parties”) from any and all liability for any claims, costs, injuries, losses or damages of any kind caused by their participation, including the unauthorized or illegal access to personally identifiable or sensitive information or the acceptance, possession, use, or misuse of prize; and (b) acknowledge that Sponsor and Administrator have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize including, but not limited to prize quality or availability. Neither Released Parties nor any service providers are responsible for any incorrect or inaccurate information supplied by entrants while participating in the Promotion, incorrect or inaccurate transcription of entry information, or for any human or other error, lost data, omission, interruption, deletion, defect, any other error or malfunction, or late, lost, damaged, misdirected Entries, or otherwise related to or resulting from participation in this Promotion. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY TAMPER WITH THE ENTRY PROCESS, OR OTHERWISE 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 COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW. (The preceding expressly includes but is not limited to any attempt by Entrant to defraud Sponsor and/or Administrator as to making a Gwaltney product purchase.) Multiple Entrants are not permitted to share the same email address. Use of any automated system to participate is prohibited and will result in disqualification. Entries that are incomplete or corrupted are void. Sponsor and Administrator are not liable or responsible for late, invalid or misdirected entries, all of which will be disqualified. FOR THE AVOIDANCE OF DOUBT, ENTRANT (NOT THE RELEASED PARTIES) IS SOLELY RESPONSIBLE FOR SUBMITTING ENTRIES IN THE PROMOTION. In the event of a dispute as to ownership of entry made on-line, the authorized account holder of the email address used to enter the Promotion will be deemed to be the Entrant. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If for any reason the Promotion is not capable of being executed as planned, tampering, unauthorized intervention, fraud, action of entrants, technical failures or any other causes which in the opinion of Administrator and/or Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion (in whole or in part), Administrator reserves the right at its sole discretion to disqualify any suspect Entry/Entrant and to cancel, terminate, modify or suspend the Promotion. In the event of any cancellation, termination or suspension, notice thereof will be posted on www.gwaltneyanytimeofday.com and the winners will be determined in a manner of Administrator’s sole choosing which Administrator deems to be fair, appropriate and consistent with these Official Rules.
GOVERNING LAW/JURISDICTION/DISPUTES: Entrants agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or the award of the prizes shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan or the appropriate Michigan State Court located in Oakland County, Michigan; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Promotion but in no event attorneys’ fees; and (c) under no circumstances will Entrant be permitted to obtain awards for, and entrant hereby waives all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
WINNERS: To receive Promotion results (winners' list), visit www.promodetails.com end enter the Promo Code GWALTNEYANYTIMEOFDAY. Winners' list will be available after January 31, 2017.
© 2016 Exposure Marketing & Promotion, Inc. All Rights Reserved.