Smucker´s® Ultimate Summer Sundae Contest with the Cleveland Indians ("Contest")
OFFICIAL RULES
ELIGIBILITY: This Contest is open only to legal residents of Ohio, Michigan, Indiana, Kentucky, West Virginia and Pennsylvania that are 18 years of age or older. Contest is void outside the aforementioned states and where prohibited. All federal, state, and local laws and regulations apply. The J.M. Smucker Company ("Sponsor"), Cleveland Indians Baseball, the other MLB Entities, and each of their respective parents, subsidiaries , affiliated companies, advertising and promotion agencies, webmasters/suppliers, employees, officers, and directors, and respective immediate family members (spouse, parents, siblings, children) or household members (whether or not related) are ineligible. The "MLB Entities" shall mean the Office of the Commissioner of Baseball, its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. ("MLBAM" or "MLB.com"), SportsOnEarth, LLC, Tickets.com, Inc., Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc. (doing business in its own name and as Major League Baseball Productions), the Major League Baseball Clubs, and each of their subsidiaries or affiliated entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Major League Baseball Clubs or the Office of the Commissioner of Baseball, and the directors, officers and employees of the above entities. By entering, entrants agree to abide by and be bound by the Official Rules and by the decisions of the Sponsor, which shall be final and binding in all matters relating to this Contest.
HOW TO ENTER: Submit an original, baseball themed sundae recipe made with at least 2 Tablespoons of one of the following Smucker´s products: Smucker´s toppings, jams, jellies or preserves (including Low Sugar™ brand and Sugar Free products) either: 1) Online: By accessing either www.smuckers.com) or www.indians.com between June 10, 2008, 12:00 AM ET and July 31, 2008, 11:59 PM ET ("Entry Period"), and clicking on the Contest banners, buttons and/or links to access the official entry form. You may also upload a photo of your prepared sundae recipe in one of the following formats: .jpg, .tif, .gif (2mb max.). By submitting your completed online entry as directed, you will be entered in the Contest. All entries must be received and recorded by MLBAM´s computer (the official Contest time keeping device) by 11:59 PM ET on Sunday during each week of the Entry Period. When online, entrants will need to enter their full name, address, city, state, zip code, daytime phone number, e-mail address, date of birth; agree to the Official Rules; submit a recipe and photograph of the completed sundae, and click "Submit Entry." 2) By mail: On a single 8 ½" x 11" page, or by downloading and completing an official entry form available at www.indians.com or www.smuckers.com, submit the recipe, list your full name, address, city, state, zip code, daytime phone number, e-mail address (if applicable) and date of birth. You may also include a photograph of the prepared sundae recipe. Mail all of the above (as applicable) in a standard, business-size envelope to: Smucker´s Ultimate Summer Sundae Contest, Entries must be postmarked by July 31, 2008 and received by August 5, 2008. Or, 3) At The J.M. Smucker Company Store and Café: Submit all of the items in option 2 above in a standard, business-size envelope at The J.M. Smucker Company Store and Café located at 333 Wadsworth Road (State Route 57), Orrville, OH 44667 during regular business hours. Entries must be received by close of business on July 31, 2008. Limit one entry per person, regardless of method of entry. Multiple entries will invalidate the entrant. Recipes must list all ingredients in exact common U.S. household measurements in order of use and step-by-step preparation instructions. Recipes containing alcohol will NOT be considered. All entries, including the recipe submitted, become the property of Sponsor and none will be returned. Once an entry is submitted it cannot be changed, altered or modified.
PRIZES/APPROXIMATE RETAIL VALUE ("ARV")/ODDS OF WINNING: Five Finalist Prizes: Five finalists will each receive eight tickets to the Indians home game on September 13, 2008, an autographed baseball and a $50 Gift Certificate to The J.M. Smucker Company Store and Cafe. Approximate retail value ("ARV") $500 each. One Grand Prize: The tickets of the Grand Prize winner will be upgraded and include a Sundae Party with Slider for eight people in a suite at Progressive Field during the Indians home game on September 13, 2008 including food and beverages. ARV $3,000. Total ARV of all prizes is $5,000. All costs and expenses not specified herein, including but not limited to transportation, parking and incidental costs are the sole responsibility of winners. Prizes are non-transferable and no substitutions or cash redemptions will be made, except by Sponsor in case of the unavailability of a prize. If a winner cannot accept the prize as stated, the prize will be forfeited and awarded to an alternate winner if circumstances permit from among all remaining eligible entries. Major League Baseball game and exhibition dates and times are determined in the sole discretion of the Office of the Commissioner of Baseball and/or the Cleveland Indians, as applicable, and may be subject to change. The terms and conditions of the tickets awarded as prizes will govern in the event a legal game or exhibition, as defined by Major League Baseball, is not played due to weather, an act of God, an act of terrorism, civil disturbance or any other reason. Sponsor and the applicable MLB Entities reserve the right to remove or to deny entry to winner and/or guest who engages in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game or exhibition. Sponsor and the MLB Entities will not be responsible for Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation of Major League Baseball games or exhibitions.
JUDGING: Initial recipe judging will be done by a qualified panel of judges on the basis of written entries for appropriate use of at least 2 Tablespoons of Smucker´s Ice Cream Toppings, Jams, Jellies OR Preserves, and will consider the following criteria: taste, creativity, appearance and relevance to theme. The top 10 recipes will then be prepared and judged by a qualified panel of judges and assigned points based on the following criteria and point system: taste (1-35 points); creativity (1-25 points); appearance (1-20 points); and relevance to theme (1-20 points). Points from prepared sundae judging will determine the five finalists who will advance to the final judging event. In the event of a tie, the entry with the higher score first in the taste category and then in the creativity category will determine the winning entry. Grand Prize Winner will be selected just prior to the Indians home game on September 13, 2008 by a panel of judges whose decisions will be final and binding. The five finalists will be required to be present at the final judging event on September 13, 2008 at Progressive Field in Cleveland, OH to prepare their sundae for the final judging event. All ingredients will be provided by the Sponsor; however, non-edible items may need to be provided by finalists. Finalists´ sundaes must be prepared exactly as specified in the recipe submitted. All costs associated with travel to the final judging event at Progressive Field are the responsibility of the finalists.
GENERAL TERMS AND CONDITIONS: By entering, each entrant (whether or not he or she participates in the prize event) agrees (a) that Sponsor, Cleveland Indians, the other MLB Entities, and each of their respective affiliates, subsidiaries, advertising and Contest agencies, and all of their officers, directors, employees, representatives and agents, will be indemnified, released and held harmless 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 this Contest or any Contest-related activity; and (b) to allow Sponsor, the Cleveland Indians, the other MLB Entities, and each of their designees to use 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 (including the Internet), without review, notification, approval or additional compensation (notwithstanding the prize), unless prohibited by law; and (c) Finalists will attend the event at Progressive Field. Each winner (or parent or legal guardian if winner is a minor) will be required to complete, sign and return an Affidavit of Eligibility and Liability Release and, where lawful, Publicity Release within 14 days of receipt of notification. If documents are not returned within the specified period of time, or if any prize notification or a prize is returned as non-deliverable, or if winner is found to be ineligible or otherwise not in compliance with the Official Rules, the prize will be forfeited and an alternate winner selected if circumstances permit from among all remaining eligible entries. All federal, state and local taxes (including income and withholding taxes) on the prize, if any, are solely the responsibility of the winner. By entering, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, entrant´s rights and obligations, or the rights and obligations of the Sponsor in connection with this Contest, 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, Ohio.
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 account 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, the MLB Entities, nor any of their respective 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), websites 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, the MLB Entities, nor any of their respective 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 this Contest 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 websites. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds may be tampering with the entry process or operation of this Contest or websites, may be acting in violation of the terms of the websites or may be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Neither Sponsor, the MLB Entities, nor any of their respective agencies are responsible for injury or damage to entrants´ or any other person´s computer related to or resulting from participating in this Contest or downloading or copying materials from or use of the websites. If, for any reason, this Contest 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 this Contest, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend this Contest, and determine winners from entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. Any attempt to deliberately damage any website or undermine the legitimate operation of this Contest is unlawful and subject to legal action by Sponsor, MLB Entities or any of their agents.
IN NO EVENT WILL SPONSOR, CLEVELAND INDIANS BASEBALL, THE OTHER MLB ENTITIES, OR ANY OF THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR CONTEST AGENCIES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANTS´ ACCESS TO AND USE OF THE CONTEST INTERNET SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS 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 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 winners by mail, available after September 13, 2008, send a self-addressed envelope with proper postage affixed by September 13, 2008 to Ultimate Summer Sundae Contest Winners List, One Strawberry Lane, Orrville, OH 44667. Winners lists will be sent after all winners have been verified.
SPONSOR: The J.M. Smucker Company, One Strawberry Lane, Orrville, OH 44667
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