Denise Austin Essay Contest Official Rules

OVERVIEW

NUTRITION

FITNESS

CONTEST

("Contest")

OFFICIAL RULES

NO PURCHASE NECESSARY. INTERNET ACCESS IS REQUIRED TO ENTER.

HOW TO ENTER: Create an original essay, describing why you would like a fitness consultation with Denise Austin. Essays must be must be in English and must be 150 words or less. You may submit your essay entry starting on 05/26/08; go to www.smuckers.com/simplesteps and follow the on-screen directions to submit your entry. Entries must be submitted by 11:59 PM ET on 08/31/08. Enter as often as you wish, but each entry must be substantially different. Entrants must be the sole creators of the entries submitted in this Contest. Entries may not have won previous awards, may not have been published previously, must not be obscene or indecent and the use of the entry by Sponsor as outlined herein must not infringe upon any other person's rights. All entries become the property of The J.M. Smucker Company ("Sponsor") and none will be returned.

ELIGIBILITY: This Contest is open to legal residents of the 50 United States and the District of Columbia, 18 years of age or older at the time of entry. Employees of Sponsor, its affiliates, subsidiaries, distributors, sales representatives, retailers, advertising, promotion and judging agencies and all other service agencies involved with this Contest, and members of the immediate families (parent, child, sibling and spouse) or households (whether or not related) of any of the above are not eligible.

JUDGING: Entries will be judged by a qualified panel of judges, including representatives of the Sponsor, based upon relevance to theme (50%) and creativity/originality (50%). The decisions of the judges will be final and binding on all matters relating to this Contest. Winners will be selected on or about 09/19/08. In the event of a tie, the entries involved in the tie will be re-judged by an additional judge who will serve as a tiebreaker and who will evaluate entries according to the criteria listed above.

PRIZES: Three Grand Prizes: a 1 hour fitness consultation via telephone with Denise Austin. Approximate retail value ("ARV"): $500.00, each. Total ARV of all prizes: $1,500.00. The time and date of the telephone consultation are at Sponsor's sole discretion. No cash redemptions, transfer or prize substitutions permitted, except by Sponsor, who may substitute a prize of equal or greater value. All prizes will be awarded provided they are properly claimed in accordance with these Official Rules and a sufficient number of eligible entries are received and provided further that circumstances permit. Limit one prize per household.

GENERAL TERMS & CONDITIONS: Potential winners will be notified by mail. Potential Winners (or parent/legal guardian if potential winner is an eligible minor) must execute and return an Affidavit of Eligibility and Liability/Publicity Release (where permissible) within seven days of receipt of notification or prize will be forfeited and an alternate selected on the basis of the criteria stated above and if circumstances permit. By entering this Contest, all entrants agree that neither Sponsor, its affiliated or subsidiary companies, nor their respective shareholders, directors, officers, employees or agencies will have any liability whatsoever for any injuries, losses or damages of any kind caused by or in connection with any prize or resulting from participation in this Contest or from acceptance, possession or use of any prize or participation in any prize-related activity or use by Sponsor of the entry in any manner. WINNERS FURTHER ACKNOWLEDGE THAT THE SPONSOR AND OTHER ABOVE PARTIES ARE IN NO MANNER RESPONSIBLE OR LIABLE FOR, AND SPECIFICALLY DISCLAIM ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO ANY PRIZE, WHICH IS PROVIDED "AS IS" AND IS RECEIVED AT WINNER'S OWN RISK. Submission of a Contest entry will constitute and signify the entrant's agreement and consent (or that of parent or legal guardian if entrant is an eligible minor) that the Sponsor and/or the Sponsor's assignees may use the entry, name, photograph, likeness and/or prize information for promotional purposes in commerce and in all media worldwide now known or hereinafter developed without time limitation and without further compensation, except where prohibited. Submission of a Contest entry grants Sponsor and its agents the right to publish, use, adapt, edit and/or modify the entry in any way, in commerce and in any and all media worldwide now known or hereinafter developed, without time limitation and without further consideration to the entrant. Submission of any entry further constitutes the entrant's (or his/her parent's or guardian's) consent to irrevocably assign and transfer to the Sponsor any and all rights, title and interest in and to the entry, including, without limitation, all intellectual property rights. If, for any reason, this Contest is not capable of running as planned by any cause which, in the sole opinion of the Sponsor, corrupts or affects 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. Winners are solely responsible for any local, state, or federal taxes on prizes. Void where prohibited. All federal, state and local laws and regulations apply. If due to any technical, production or other error, more prizes are claimed or awarded than are described in these Official Rules, the number of prizes identified in these Official Rules will be awarded in a random drawing from all such prize claims received. 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 this Contest, will be governed by, and construed in accordance with, the laws of State of Ohio, without giving effect to any choice of law or conflict of law rules. Sponsor reserves the right to take such action as it deems necessary to enforce these Official Rules and ensure the fair operation of this Contest, including without limitation barring entrants who do not comply with these Official Rules. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located in Cleveland, Ohio.

LIMITATIONS OF LIABILITY: Neither Sponsor nor its agencies are responsible for lost, late, stolen, illegible, misdirected, mutilated, incomplete, postage-due or non-delivered entries; 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 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 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 this Contest or Website, may be acting in violation of the terms of the Website or may be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Any attempt to deliberately damage any Website or undermine the legitimate operation of this Contest is unlawful and subject to legal action by Sponsor or its agents.

IN NO EVENT WILL SPONSOR, ITS AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIIAL 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 THE 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 JURSIDICTIONS 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. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITIATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

WINNERS LIST: For the names of Grand Prize winners available after 10/01/08, send a self-addressed envelope with proper postage affixed to: Denise Austin Contest Winners List, 1851 Elmdale, Glenview, IL 60026. Requests must be received by 11/30/08. Winners list will be sent after all winners have been verified.