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GOOBER® 50th Celebration Promotion
OFFICIAL RULES

NO PURCHASE NECESSARY. INTERNET ACCESS, A VALID E-MAIL ADDRESS AND EITHER A NON-PROTECTED TWITTER OR INSTAGRAM ACCOUNT ARE REQUIRED TO ENTER. The GOOBER® 50th Celebration Promotion (“Promotion”) begins on or about Noon Eastern Time (“ET”) on 05/15/18 and ends at Noon ET on 07/03/18 (“Promotion Period”).

BY SUBMITTING AN ENTRY, YOUR ENTRY MATERIALS, AS DEFINED BELOW, MAY BE INCLUDED IN SPONSOR’S COMMERCIAL MATERIAL, AS WELL AS AT SPONSOR’S WEBSITE OR SOCIAL MEDIA PLATFORMS.

This Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Twitter. By submitting an Entry, you understand that you are submitting your information to Sponsor. By entering the Promotion, each entrant waives, discharges and releases Instagram and Twitter from any and all liability associated with the Promotion. Any questions, comments or complaints regarding the Promotion must be directed to Sponsor and not to Instagram or Twitter.

ELIGIBILITY: This Promotion 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 (“Entrant”). Employees of The J.M. Smucker Company (“Sponsor”) and its affiliated and subsidiary companies, advertising, promotion, public relations, fulfillment and judging agencies and legal advisers and their respective officers, directors, agents, employees and assigns (collectively, the “Released Parties”) and all other service agencies involved with this Promotion, 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 to enter this Promotion. PROMOTION IS VOID OUTSIDE THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA AND WHERE PROHIBITED.

HOW TO ENTER: VIA INSTAGRAM: To enter, you must: (i) have an active and non-protected Instagram account or sign up for a free Instagram account at www.instagram.com; (ii) follow @SmuckersBrand on Instagram; (iii) take a picture of your “together moment” with your family or special friend(s) (“Image”); and (iv) post the Image using the hashtags #OurGooberMoment and #PromoEntry; OR VIA TWITTER: To enter, you must (i) have an active and non-protected Twitter account or sign up for a free Twitter account at www.twitter.com; (ii) follow @Smuckers on Twitter; (iii) take a picture of your “together moment” with your family or special friend(s) (“Image”); and (iv) post the Image using the hashtags #OurGooberMoment and #PromoEntry (i, ii, iii and iv, individually referred to as “Entry” and collectively as “Entries”). An Entry must include the required Hashtags #OurGooberMoment and #PromoEntry to be eligible. Entry content will not be judged. By submitting an Entry via Instagram.com or Twitter.com, each entrant consents to receive from the Sponsor a reply Instagram message or Twitter message and, if applicable, an Instagram direct message or a Twitter direct message, or email notifying such entrant that he/she is a potential prize winner. Entrants via Instagram.com and Twitter.com will be required to have a public account in order to accept an eligible Entry hashtag. Entries posted by a protected Instagram account or Twitter account will not be recognized. Each Entrant is limited to one Entry per day per person/Instagram account or Twitter account. For purposes of these Official Rules, a “Day” is defined as a twenty-four (24) hour time-period beginning at 12:00:00 AM ET on a calendar day and ending at 11:59:59 PM ET the same calendar day. Duplicate Entries or multiple Entries made by an entrant in excess of the number allowed will be disqualified.

Entries may not contain, as determined by Sponsor’s sole discretion, any content that:

  • Is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; obscene or offensive;
  • Feature celebrities, public figures or animated characters;
  • Promotes irresponsible or excessive consumption of alcohol; promotes illegal drugs, tobacco, firearms/weapons, or any particular political agenda or message;
  • Defames, misrepresents or contains disparaging remarks about other people or companies;
  • Contains trademarks, trade names or copyrighted materials owned by others, except those owned by Sponsor for which Sponsor has provided entrant a limited license to use as it relates to the Promotion;
  • Contains any personal identification, such as license plate numbers, personal names (other than just first name), email or street addresses;
  • Communicates messages inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
  • Contains competitive products of Sponsor; and/or
  • Violates any law or infringes upon the rights of any other person or company.

 

Sponsor reserves the right to monitor Entries prior to posting them on Sponsor’s social media platforms, including but not limited to Instagram or Twitter. By entering this Promotion, each Entrant acknowledges that his/her Entry may be posted at Sponsor’s website or social media platforms, including but not limited to Instagram and/or Twitter in Sponsor’s sole discretion. Sponsor has no obligation to use or post any Entry submitted by any entrant. The use of an Entry by Sponsor or any Released Party does not have any effect on the winner selection process. Entries posted are the views/opinions of the individual Entrant and do not reflect the views of Sponsor in any manner. By entering the Promotion, each Entrant grants Sponsor and the Released Parties a worldwide, irrevocable, exclusive, assignable, transferable, unqualified, unrestricted, royalty-free license and right to edit, modify, publish, use, reuse, distribute, display, copy and otherwise exploit the Entry or any part thereof (with or without the entrant’s name and city/state), and any materials based thereon or derived therefrom, in any manner and in any media (whether now known or later developed), for any lawful purposes whatsoever (noncommercial or commercial), including, without limitation, for use in the commercial packaging and point-of-sale materials, or for promotion, marketing or advertising of Sponsor, or any Released Party, each of their respective brands and/or products in any medium (whether now or hereafter known) throughout the world in perpetuity without further permission, notification, consideration, or payment to the Entrant, except where prohibited by law. In addition, each Entrant forever waives in favor of Sponsor all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that may preclude the use of the Entry (or any part thereof) as granted herein, or require Entrant’s permission to use the Entry (or any part thereof) for the purposes stated herein. By submitting your Entry, you warrant and represent that (i) your Entry is original work and was created solely by you, has not been previously published, and has not won previous awards, does not incorporate any material owned by any third party; (ii) the use of the Entry as described herein will not violate any law or infringe upon the rights of any third party; and (iii) you have obtained permission from any person or from a parent/legal guardian of any minor whose name or likeness is used in the Entry. If, in the sole discretion of Sponsor, the Entry violates any law or infringes upon the rights of any third party, is inaccurate, incomplete or irregular in any way, or otherwise does not comply with these Official Rules or is deemed inappropriate, the Sponsor may disqualify the Entry. Any Entry that is submitted with the use of a robotic, automated or macro device will be void. All Entries become the property of the Sponsor upon submission and will not be acknowledged or returned and the Sponsor has the right to dispose of the Entries at Sponsor’s discretion. Use of a mobile device to participate in this Promotion is not required. If you use a mobile device to enter or to post updates from Instagram and/or Twitter, message and data rates may apply, and entrants will be solely responsible for any and all applicable charges. Please consult your wireless-service provider regarding its pricing plans. By submitting an Entry, entrant agrees to abide by the terms of these Official Rules, the decisions of the Sponsor and Released Party, the Sponsor’s Privacy Policy available at, http://www.jmsmucker.com/privacy-policy, Instagram’s Privacy Policy and Twitter’s Privacy Policy.

DIGITAL MILLENNIUM COPYRIGHT ACT: Once an Image is entered into the Promotion, any such posting will be deemed made at the direction of the Entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. EACH ENTRANT REPRESENTS, UNDERSTANDS AND ACKNOWLEDGES THAT HE/SHE WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY (OTHER THAN THE PRIZE STATED HEREIN IF SELECTED AS A PRIZE WINNER) IN EXCHANGE FOR GRANTING SPONSOR THE NON-EXCLUSIVE LICENSE RIGHTS OR FOR ANY SUBSEQUENT USE OF SUCH IMAGE BY SPONSOR. If requested, Entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights Entrant is granting to use the Image.

FIRST PRIZE RANDOM DRAWINGS/SELECTION OF FIRST PRIZE WINNERS: One (1) first prize winner (“First Prize Winner”) will receive one First Prize, as defined below, as a result of random drawings from among Entries received each Day of the Promotion Period, for a total of fifty (50) First Prize Winners. Entries received each Day that are not randomly drawn will be rolled over into any subsequent Day(s) for a possible random drawing. Odds of winning a First Prize will depend upon the number of Entries received by that corresponding Day. The First Prize random drawings will be conducted within seventy-two (72) hours of that corresponding Day during the Promotion Period. First Prize Winners will be notified within seventy-two (72) hours after the First Prize random drawing is conducted for that corresponding Day.

GRAND PRIZE DRAWING/SELECTION OF GRAND PRIZE WINNER: All Entries received during the Promotion Period will be combined and one (1) grand prize winner (“Grand Prize Winner”) will be randomly drawn to receive the Grand Prize, as defined below (“Grand Prize”). Odds of winning depend upon the number of Entries received during the Promotion Period. The random drawing for the Grand Prize Winner will be conducted on or about 07/06/18. Grand Prize Winner will be notified on or about 07/09/18.

FIFTY (50) FIRST PRIZES: Each First Prize Winner will receive one (1) Goober Swag Bag consisting of the following items each designated by Sponsor: one (1) Backpack, one (1) T-Shirt, one (1) Beach Towel and one (1) Speaker (“First Prize”). The approximate retail value (“ARV”) of each First Prize: $56.00. Limit one (1) First Prize per household.

ONE (1) GRAND PRIZE: Grand Prize consists of $5,000.00 made payable by check to the Grand Prize Winner’s order (“Grand Prize”).

Total ARV of all prizes: $7,800.00

GENERAL TERMS & CONDITIONS: Sponsor reserves the right, at Sponsor’s sole discretion, to substitute a Prize of equal or greater value in the event that any Prize is unavailable. All random drawings will be conducted by Centra Marketing & Communications, an independent judging organization whose decisions are final and binding in all respects to this Promotion. Potential First Winners and Potential Grand Prize Winner will each be notified via Instagram message or Twitter message and, if applicable, email. Potential First Prize Winners and Potential Grand Prize Winner will be required to provide Sponsor with a valid email address within forty-eight (48) hours from date and time of the winner notification or that potential Winner may be disqualified. Sponsor will make two attempts to notify a potential Winner within the forty-eight (48) hours. In the event a potential Winner does not respond to any such prize notification within forty-eight (48) hours of the date of issuance, a disqualification will result, and that prize will be forfeited and, at Sponsor’s sole discretion, an alternate potential Winner will be randomly selected from among all remaining eligible Entries received through that corresponding Day or during the Promotion Period as applicable. Potential Grand Prize Winner will be required to fully complete, sign and timely return an unaltered Affidavit of Eligibility/Liability Release provided by Sponsor, and, where lawful, an unaltered Publicity Release within five (5) business days of prize notification. Potential First Prize Winners will be required to return a Prize Verification Form and unless prohibited by law, a Publicity Release, within five (5) business days from date of issuance. Failure to submit any identification required by Sponsor or to return the required documents within the specified time period, noncompliance with these Official Rules or the return of a Prize (or any portion thereof) or prize notification as undeliverable may result in disqualification and prize forfeiture and, at Sponsor’s sole discretion and may cause an alternate potential Winner to be randomly selected from among all remaining eligible Entries received through that corresponding Day or during the Promotion Period as applicable. First Prizes and Grand Prize will be delivered within thirty (30) days following the completion of the Winner notification process. By entering this Promotion, all Entrants agree to release, hold harmless and indemnify the Sponsor, its affiliates, subsidiaries, agencies, judges, and each of their respective shareholders, directors, officers, employees or representatives from and against any and all liability whatsoever for any injuries, losses, harm, damage (including but not limited to property damage, personal injury and/or death), claims, actions, costs and expenses (including without limitation, all attorneys’ fees and court costs) arising directly or indirectly from or in connection with any Prize or resulting from participation in this Promotion or from acceptance, possession or use/misuse of any Prize or participation in any Prize-related activity or use by Sponsor of the Entry in any manner. Submission of an Entry and acceptance of any Prize will constitute and signify the Entrant’s agreement and consent that the Sponsor and/or the Sponsor’s assignees may use the Entrant’s name, photograph, likeness and/or Prize information for promotional purposes in commerce and in all media worldwide now known or hereinafter invented without time limitation and without further compensation, except where prohibited. All Prize Winners are solely responsible for any local, state, or federal taxes on Prize received. Sponsor reserves the right, in its sole discretion, to modify, terminate, or suspend the Promotion or void any Entry should a virus, bug, non-authorized human intervention, action of an Entrant or other cause corrupt or impair the administration, security or fairness of this Promotion.

Sponsor and its related, affiliated and subsidiary companies, advertising, promotion, public relations and fulfillment agencies and legal advisors and their respective officers, directors, agents, employees, and assigns (collectively, the “Released Parties”) are not responsible for any problems or technical, hardware, or software malfunctions of any network or telephone lines, failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this Promotion, computer online systems, servers or providers, computer or other electronic equipment, software, failure of any e-mail or Entry to be received by the Sponsor due to technical problems, human error or traffic congestion, unavailable network connections on the Internet or at any website, or any combination thereof, including, without limitation, any injury or damage to Entrant’s or any other person’s computer or other electronic device relating to or resulting from participating in this Promotion or uploading/downloading any materials in connection with this Promotion. By submitting an Entry, Entrants agree to abide by these Terms and Conditions and the www.jmsmucker.com Terms of Use at http://www.jmsmucker.com/terms-of-use and the J.M. Smucker Privacy Policy at http://www.jmsmucker.com/privacy-policy

If, for any reason, this Promotion 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 Promotion, or 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, Sponsor reserves the right, at its sole discretion to cancel, terminate, modify or suspend this Promotion and determine the Winner(s) from Entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. No more than the number of Prizes stated in these Official Rules will be awarded. By entering, Entrants agree and consent: (a) 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 Promotion, will be resolved individually, without resort to any form of class action, and 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, and (b) to the jurisdiction and venue of the federal, state and local courts located 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 registered account holder of the Instagram or Twitter account used at the time of Entry. Neither Sponsor nor its agencies are responsible for lost, late, stolen, illegible, misdirected, mutilated, incomplete, or non-delivered Entries; or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), or other connection availability, accessibility or traffic congestion, or miscommunication, 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 Instagram users or Twitter users, or by any equipment or programming associated with or utilized in this 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 either Instagram.com or Twitter.com. 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 Promotion or may be acting in violation of the terms of Instagram.com or Twitter.com or the Official Rules 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 the Sponsor’s pages at Instagram.com or Twitter.com or undermine the legitimate operation of this Promotion 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, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS PROMOTION, INCLUDING ENTRANTS’ ACCESS TO AND USE OF INSTAGRAM.COM AND TWITTER.COM. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON INSTAGRAM.COM OR TWITTER.COM AS IT RELATES TO THIS PROMOTION 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 THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

WINNERS LIST: For the names of Prize Winners, available after August 15, 2018, send a self-addressed stamped envelope with proper postage affixed to: Goober 50th Celebration Promotion Winners List, c/o Centra360, 1400 Old Country Road, Suite 417, Westbury, NY 11590. Requests must be received by 12/31/18. Prize Winners list will be available after all Prize Winners have been verified.

Sponsor: The J.M. Smucker Company, One Strawberry Lane, Orrville, OH 44667.

©/® The J. M. Smucker Company