NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. INTERNET ACCESS AND A VALID FACEBOOK ACCOUNT ARE REQUIRED TO ENTER.
Eligibility: The Promotion is open only to legal residents of the 50 United States and the District of Columbia that are 18 years of age or older, except employees, officers and directors of The J.M. Smucker Company ("Sponsor"), its subsidiaries, affiliated companies, sales representatives, advertising, sales, promotion and judging agencies, webmasters/suppliers, and their respective immediate family members (spouse, parents, siblings, children) or household members (whether or not related). By entering you agree to these Official Rules. The Promotion is void outside the 50 United States/D.C. and where prohibited.
To Enter: Between May 1, 2012 12:00 p.m. (noon) Eastern Time ("ET"), and April 30, 2013, 11:59 p.m. ET ("Promotion Period") access the Smucker's® page on Facebook (Facebook.com/Smuckers), click on the "Birthday Wishes" tab to access the Promotion application, and then follow the directions to complete the online entry form and submit your entry. You may select from two options of Happy Birthday Greetings: 1) select a decorative Smucker's branded template to deliver a custom message to recipient's Facebook wall or 2) select an animated birthday card with audio using Willard Scott's voice. You must "like" the Smucker's page on Facebook to access the Promotion application. Submission of an entry grants Sponsor and its agents the right to publish, use, adapt, edit and/or modify the entry in any way, in any and all media, without limitation, and without additional consideration to you. No robotic, programmed, script, macro or other automated entries (collectively "automated entries"). Automated entries, or, multiple entries by the same person/e-mail address, or entries that have been tampered with will result in disqualification of all such entries. All entry materials submitted becomes the property of Sponsor and will not be returned. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing your information to the Sponsor and not to Facebook. Any questions, comments or complaints regarding this Promotion shall be directed to Sponsor and not to Facebook. Personal information collected will be used solely for the purposes of the Promotion to notify the winners, and will not be re-used, sold or shared in any manner by Sponsor or any third parties.
Monthly Prize Drawings: One Prize will be awarded in a random drawing for each of twelve monthly Drawing Periods conducted from all eligible entries received and recorded by Sponsor's computer from 12:00 a.m. ET on the first day of the month (except for the first Drawing Period which will begin at 12:00 p.m. noon on May 1, 2012) through 11:59 p.m. ET on the last day of the month (each a "Drawing Period"). Drawings for each month will take place on or about the first business day in following week. Drawings will be conducted by an independent judging agency whose decisions shall be final in all matters relating to the Promotion. Non-winning entries will not be carried forward into subsequent Drawing Periods. If due to any technical, production or other error, more prizes are claimed or awarded than are described in these Official Rules at any prize level, the number of prizes identified in these Official Rules will be awarded in a random drawing from all such prize claims received. No more than the number of prizes stated in these Official Rules will be awarded.
Monthly Prizes/Odds Of Winning: Twelve Monthly Prizes (one per month): a Smucker's Gift Basket consisting of an assortment of Smucker's branded products. Approximate retail value: $125, each. Limit one Monthly Prize per person or household. Odds of winning a Monthly Prize depend on the total number of eligible entries received for each Monthly Drawing. Prizes are non-transferable. No cash redemptions or substitutions permitted, except by Sponsor, who may substitute a prize of equal or greater value.
General Conditions: By entering, entrants agree (a) to release, indemnify and hold harmless Sponsor and its affiliates, subsidiaries, advertising and promotion agencies, and Facebook, Inc., and all of their respective officers, directors, employees, representatives and agents from any and all liability, for any damages, injuries or losses of any kind to person(s), including death, or property, arising directly or indirectly from the acceptance, possession, misuse or use of a prize or his/her participation in the Promotion or any Promotion-related activity; and (b) to grant (and to confirm such grant in writing promptly upon request) to Sponsor and those acting under Sponsor's authority the right to the use of his/her name, photograph, likeness, voice, image, statements and biographical information at any time or times for advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide and on the World Wide Web, without review, notification, approval or additional compensation, unless prohibited by law. Prizes will be shipped to the address provided in the entry within 6 weeks of the end of the Promotion Period. All taxes on the prize, if any, are solely the responsibility of the winner. All federal, state, and local laws and regulations apply. By entering, entrants agree that 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, will be governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts in Cleveland, OH. The information you disclose when you register for the Promotion will be subject to the Privacy Policy set forth on the above website.
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 Facebook ID 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 entries, or e-mail; 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 Promotion 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 Promotion or website, may be acting in violation of the terms of the website or these Official Rules or may be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Neither Sponsor nor its agencies are responsible for injury or damage to entrant's or any other person's computer related to or resulting from participating in the Promotion or downloading or copying materials from or use of website. If, for any reason, the Promotion is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Promotion, and randomly select winners from entries received prior to action taken. Any attempt to deliberately damage any website or undermine the legitimate operation of the Promotion is unlawful and subject to legal action by Sponsor or its agents.
IN NO EVENT WILL SPONSOR, ITS AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS PROMOTION, INCLUDING ENTRANTS ACCESS TO AND USE OF THE PROMOTION INTERNET SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS 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 JURISDICTIONS 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 TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Winners List: For the names of prize winners, available each month during the Promotion Period, go to the Smucker's page on Facebook (Facebook.com/Smuckers) or send a self addressed, business size envelope with proper postage affixed by June 30, 2012 to: Smucker's Birthday Wishes Promotion Winners List, 6240 Oakton Street, Morton Grove, IL 60053.
Sponsor: The J.M. Smucker Company, 1 Strawberry Lane, Orrville, OH 44667
©/® The J.M. Smucker Company.