T. Marzetti Company
Backyard bbq bash SWEEPSTAKES & GAME
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE CHANCE OF WINNING. VOID IN PUERTO RICO AND WHERE PROHIBITED. INTERNET ACCESS & VALID EMAIL ADDRESS NECESSARY TO PARTICIPATE.
1. ELIGIBILITY: T. Marzetti Company’s “Backyard BBQ Bash” Sweepstakes & Instant Win Game, (the “Promotion”) is open only to legal residents of the 50 states of the United States and the District of Columbia who are 18 years of age or older at time of entry. Employees and directors of T. Marzetti Company, (“Sponsor”), and CMS, Inc. (individually and collectively the “Sweepstakes Entities”), those responsible for the development, promotion, distribution and implementation of this Promotion, their respective parents, affiliates, subsidiaries, advertising and promotion agencies, and printing suppliers for this Promotion, and the immediate family members (parents, siblings, children & spouse) of such employees or directors, regardless of where they live, or persons living in the same household as such employees or directors, whether related or not, are ineligible. By participating you agree to these Official Rules and the decisions of CMS, Inc., (“CMS”), the Sweepstakes Administrator, and/or Sponsor which are final and binding in all respects.
2. PROMOTIONAL PERIOD
Promotional Period begins on 5/1/09 at 12:00:01 a.m. Eastern Time (“ET”), and ends on 7/31/09 at 11:59:59 p.m. (ET) ("Promotional Period"). A day shall be defined as beginning 12:00:01 a.m. Eastern Time (ET) and ending at 11:59:59 p.m. ET the same day.
3. HOW TO PLAY: There are two ways to play – Instant Win and Random Draw.
Instant Win:
Unique codes will be available 1) on specially marked bottles of T. Marzetti Slaw Dressing at participating grocery store locations on or about 5/1/09 through 7/31/09 or until supplies are exhausted, whichever comes first or 2) Request a code online by clicking on the “Don’t have a code” link and a code will be submitted to you during the registration process or 3) by mailing a hand printed self-addressed first class stamped envelope to: T. Marzetti “Backyard BBQ Bash” – Game Piece Request c/o CMS, PO Box 2850, Winston-Salem, NC 27102-2850 postmarked by 8/1/09 and received by 8/6/09. VT residents may omit return postage. Each mail-in participant will be mailed a randomly selected unique code, while supplies last. Limit one code per person, per stamped mail-in outer envelope request or online request. No copies, facsimiles or mechanically reproduced requests allowed.
If you have received a unique code by either method above, to determine if you win an Instant Win Prize, take your code to www.BackyardBBQBash.com (“Web site”) and enter your 5-digit code and click the “Enter Promotion Code” button. The code must be entered exactly as it appears on game piece or as provided. Next, complete the entry form by filling out your first and last name, complete address including city, state and zip code, phone number with area code and your email address. Once complete, click the “Play Now” button to play the instant win game.
To play the game, move your cursor over various items on and around the patio and if an item becomes highlighted, you may click on that item. Once you click on that item, the words “try again” or either a winning or non-winning message will be revealed. You may click on a total of three (3) items for three (3) instant win attempts for each code submitted. See Rule #5 if you have received a winning message. Whether or not a particular play wins a prize will be determined by random selection at the time the play is received and recorded by the Game computer. The Promotion computer is the Official Clock for the Promotion. Limit three (3) Instant Win plays per person/email address. By participating in the Instant Win game, you will receive one (1) Entry for the Grand Prize Drawing.
Random Drawing:
One (1) Potential Grand Prize Winner will be chosen at random from all eligible entries received. The drawing will occur on or about 8/24/09 by CMS. Winners will be notified by email, telephone, or overnight carrier within approximately three days of the drawing.
4. PRIZES/VALUES/ODDS OF WINNING:
One (1) Grand Prize: The Ultimate Patio makeover package. Consists of a $1000 Lowe’s Gift Card to spend on a BBQ of Winner’s Choice, a $2000 Lowe’s Gift Card to spend on a Patio Set of Winner’s Choice, a $500 American Express Gift Card to throw a Backyard BBQ Bash to show off your new patio, and a year’s supply of Marzetti Slaw Dressing. Approximate Retail Value (“ARV”) $3,600. Odds of winning depend upon the number of eligible entries received.
Instant Win Prizes/Odds (One per day):
Twenty-Three (23) Franklin Croquet Set ARV $100
Twenty-Three (23) Franklin Bocce Ball Set ARV $100
Twenty-Three (23) $100 Williams-Sonoma Gift Card
Twenty-Three (23) $100 Crate & Barrel Gift Card
Potential winners will be randomly selected by computer. However, the actual odds of winning a prize may depend on the number of attempted Internet participations, the random times selected for prizes, and time any particular participant’s play is received and recorded.
For All Prizes: Prizes cannot be substituted, assigned, transferred or redeemed for cash, but Sponsor, in its sole discretion may substitute a prize or prize component of equal or greater value if prize or prize component becomes unavailable for any reason. If winner cannot accept prize as stated the prize will be forfeited in its entirety and an alternate winner will be selected. All Federal, State, Provincial and local taxes are the sole responsibility of winner. Limit one instant win prize per person, per household.
5. HOW TO REDEEM WINNING INSTANT WIN MESSAGE: If you receive a winning message on the Web Site, you will receive a confirmation message on your screen and a CMS representative will contact you via email within three (3) business days to provide you with information on how to claim your prize. Instant Win prizes must be claimed by 8/21/09 or the prize may be forfeited, in which case the prize will be awarded to an alternate winner in Second Chance Drawing.
6. VERIFICATION: All winning Instant Win messages are subject to verification by CMS and the award of Instant Win prizes is contingent upon the prize winners compliance with these Official Rules. Potential winner may be requested to provide a print out of the screen containing the Instant Win winning game message or the confirmation email including confirmation number. Sole liability, if any, for an irregular Instant Win play is limited to replacement with another randomly selected Instant Win play (as solely determined by Sponsor) while supplies last. If because of seeding, digital, programming or any other error or for any other reason, there are more Instant Win prize claims in any prize category than Instant Win prizes offered in that category as stated in these Official Rules, a random drawing will be held among all eligible claimants to award such prizes in that category. Only the number of prizes stated in these Official Rules are available to be won in the Promotion and will be awarded. Any attempt to forge screens containing Instant Win winning Promotion messages or the confirmation emails or otherwise defraud Sponsor in any way, or failure to comply with any request made in accordance with this Rule, will result in disqualification of participant; and, such participant may be prosecuted to the fullest extent of the law. Please allow 6-8 weeks after winner verification for shipment of prize.
7. SECOND CHANCE DRAWING FOR INSTANT WIN PRIZES: If any instant win prizes are unclaimed, or forfeited they will be awarded in a Second Chance drawing to be held on or about 8/24/09. Those who entered game piece codes and played Instant Win Game will be automatically entered. To also enter, hand print complete name, address with zip code, telephone number with area code and date of birth on a 3X5 card and mail to: T. Marzetti “Backyard BBQ Bash” Second Chance Drawing c/o CMS, PO Box 2850, Winston-Salem, NC 27102-2850 for receipt by 8/7/09. No mechanically reproduced entries. Odds of winning depend on number of unclaimed or forfeited prizes and the number of eligible entries received. Limit one entry per person, per household.
8. GENERAL CONDITIONS: Potential Prize Winners will be required to complete, execute and return an Affidavit of Eligibility, a Liability Release, and where lawful, a Publicity Release within seven (7) days of notification. Failure to return documents timely, or if any prize notification or prize is returned as non-deliverable, or if any winner is found to be ineligible or otherwise not in compliance with these Official Rules, winner may be disqualified, the prize forfeited, and an alternate winner selected. Where permitted by law, winners grant to Sponsor (which grant will be confirmed in writing on request of Sponsor) and those acting pursuant to its authority, the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the World Wide Web, at any time or times, the winner's name, portrait, picture, voice, likeness and biographical information for advertising, trade and promotional purposes without additional consideration, except where prohibited by law and without notice, review and approval. By participating, participants release and agree to hold harmless the Sponsor, CMS, their respective parents, subsidiaries, related companies, and advertising and promotional agencies, and all of their directors, officers, employees, representatives and agents (individually and collectively “Releasees”) from any and all liability for any injuries, loss or damage of any kind (whether due to negligence or otherwise,) to person(s), including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, or participation in any Promotion or travel related activity, or participation in this Promotion. Void in Puerto Rico and where prohibited.
CMS and/or Sponsor reserve the right, at their sole discretion, to disqualify any individual found, in their sole discretion, to be (a) tampering with the entry process or the operation of the Promotion or Web site; (b) in violation of the Terms of Service of the Web site; (c) acting in violation of the Official Rules; or (d) acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed, third party, or like entry methods will void all such entries, and any participant using any such method will be disqualified. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to enter the Promotion at the actual time of entry will be deemed to be the participant and must comply with these rules. Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address. Any of the CMS and or Sponsor may prosecute any fraudulent activities to the full extent of the law.
9. LIMITATIONS OF LIABILITY
Releasees are not responsible for lost, late, mutilated, misdirected, incomplete, illegible, or postage due mail, email or entries, or for any incorrect or inaccurate information, whether caused by Web site users, or tampering or hacking, or by any of the equipment or programming associated with or utilized in the Promotion, and further are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, jumbled, scrambled or misdirected transmissions, traffic congestion, communications line failure, theft or destruction or unauthorized access to the Web site, Internet or Web site access or availability, or for any hardware or software or program/programming malfunctions whether due to technical errors or failures or unauthorized ihuman intervention, or for the failure to capture, or loss of, any entry or other information. Releasees are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Promotion or downloading materials from or use of the Web site. If, for any reason, this Promotion, or any part thereof, as solely determined by Sponsor and/or CMS, is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failure, or any other causes which, in the sole opinion of CMS and/or Sponsor, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, CMS and/or Sponsor reserve the right at their sole discretion to cancel, terminate, modify or suspend the Promotion and/or select the winners from entries received prior to the action taken or in such other manner as deemed fair and appropriate by CMS and/or Sponsor. In such event you may be advised on the Promotion page to forward your confirmation email to an email address specified by CMS and/or Sponsor or mail your entire original Promotion message print out to an address specified by CMS and/or Sponsor for decoding. Specific instructions will appear on said page. CMS or Sponsor, however, reserve the right, in their sole discretion, to address an Internet raised or related issue in any manner they deem fair and appropriate.
IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEB SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID WEB SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEB SITE 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 JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
10. DISPUTE RESOLUTION/CHOICE OF LAW: The Game is governed by the laws of the State of Ohio, without regard to conflict of law doctrine, with venue in Columbus and all claims must be resolved in the courts of Columbus, Ohio.
11. PRIVACY POLICY: The entry information provided is subject to the Privacy Policy on the above stated Web site. To read that Policy, access the Web site and then access the Privacy Policy.
12. WINNERS' LIST: For names of winners send a self-addressed stamped envelope for receipt by 8/31/09 to: T. Marzetti “Backyard BBQ Bash” Instant Win Game - Winners List c/o CMS, P.O. Box 2850, Winston-Salem, NC 27102-2850 for a copy of these Official Rules mail a self-addressed stamped envelope to the above address marked "OFFICIAL RULES" for receipt by 8/7/09. The names of winners may also be posted at www.BackyardBBQBash.com.
SPONSOR: This promotion is sponsored by T. Marzetti Company, 1105 Schrock Road, Suite 300, Columbus, Ohio 43229.
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