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SMITHFIELD "UPGRADE TO A BETTER BACON" SWEEPSTAKES
Official Rules
No Purchase Necessary. A purchase will not
increase your chances of winning.
ELIGIBILITY.
Promotion open only to legal United States residents residing within the fifty (50) United States or District of Columbia throughout the Promotion Period who are eighteen (18) years of age or older. Void elsewhere and where prohibited by law, and in Puerto Rico, U.S. Virgin Islands, and U.S. military installations located in a foreign country. Employees, officers, directors and agents of the Sponsor and its respective subsidiaries, affiliates, promotional partners, distributors and advertising, promotional or judging agencies who are involved in any aspect of the creation, production, operation, execution and fulfillment of the Promotion ("Sponsor and its Administrators"), and the immediate family members (parent, child, sibling or spouse of any of the foregoing) and household members of such individuals (whether related or not) are not eligible to win prizes in this Promotion.
PROMOTION PERIOD.
The Smithfield "Upgrade To A Better Bacon" Sweepstakes (the "Promotion") begins 12:00:01 a.m. EST 12/21/11 and ends 11:59:59 p.m. EST on 4/1/12 (the "Promotion Period"). The Promotion web site (the "Web Site") is accessible through www.smithfield.com/upgrade (the "Web Site Address"). The Web Site will not be accessible after 11:59:59 p.m. EST on 4/1/12. The computer of Circle One Marketing is the official time-keeping device in for the Promotion, subject to Rule 11 below.
WHERE TO FIND CODES.
Look for a unique 14-character alpha-numeric code ("Code") printed under the front flap on specially-marked retail packages of Smithfield brand bacon 16 oz and 12 oz packages (hereinafter defined as the "Products"). The Products bearing sweepstakes Codes will be available through 4/1/12 or while supplies last. Not all Products and package sizes may be available at all times or in all areas. In addition, Sponsor reserves the right, at its sole discretion, to distribute Codes at various times throughout the Sweepstakes Period through additional means which may include, without limitation, the following: (a) on-pack stickers at certain participating retailers, (b) on game cards distributed at select sampling sites, and (c) to consumers who request a Code as described herein. Total number of Codes anticipated to be distributed by Sponsor throughout the Sweepstakes Period is (4,000,000) Four Million (based upon an estimated number of game Codes produced at the time of printing of these Official Rules; actual number may vary).
NO PURCHASE NECESSARY
:
To receive one (1) game Code without purchase, send a self-addressed, stamped envelope postmarked between 12/21/11 and 3/10/12 to "Upgrade To A Better Bacon" Game Code Request, P.O. Box 8078, Grand Rapids, MN 55745-8078. Residents of Vermont do not need to include a self-addressed, stamped envelope.
HOW DOES THE SWEEPSTAKES WORK.
Look for a Code under front flap of specially-marked Products (See Rule 2). Go to the Web Site by using the Web Site Address during the Promotion Period and provide the information necessary to set up your own Promotion account ("Account"), including your name, street address, and email address. You may then enter Code(s). To enter your Code online, log into your Account and follow instructions on screen to enter the Code exactly as it appears on the Product package, then click "Enter Code". Each valid Code entered will receive one entry into the "Upgrade To A Better Bacon" Sweepstakes (the "Sweepstakes") for a chance to win one of 112 "instant win" prizes. If you receive a "congratulations" message on your screen, you may have won the prize indicated in the message (subject to verification). If you receive a non-winning message on your screen, you are not a winner of an instant win prize, but all winning and non-winning entries will be automatically entered into the final drawing to be held on or about 4/15/12 (the "Second Chance Drawing") for a chance to win one of the two (2) Grand Prizes and any additional unclaimed instant win prizes. All prizes will be awarded. See Rule 6 for complete prize descriptions. Codes entered are subject to verification according to these Rules (See Rule 9). Possession of a game Code does not constitute proof of entering Code into any particular Account. The decisions of Sponsor with respect to game Code entry are final in all respects.
CODE LIMITS.
Once entered and verified, the Code is automatically voided, cancelled and rendered unusable and cannot be used again or for any other purpose. Each Code can only be used once, subsequent attempts to re-submit or re-use the same Code will be void. There is a maximum of three (3) Code entries per household per day throughout the life of the Promotion. Each person can only enter Codes into one Account under one registration. If a person enters Codes into multiple accounts under different names, then Sponsor, in its sole discretion, may void any such Codes and Accounts.
CODES MAY BE OBTAINED ONLY THROUGH: 1) THE RETAIL PURCHASE OF PRODUCTS IN SPECIALLY-MARKED PACKAGES; AND/OR 2) THE ADDITONAL MEANS AS DESCRIBED IN RULE 2. CODES OBTAINED THROUGH ANY OTHER MEANS ARE VOID. CODES AND/OR ENTRIES CANNOT BE SOLD, TRANSFERRED, TRADED, BARTERED, AUCTIONED (INCLUDING THROUGH INTERNET AUCTION SITES), SHARED WITH ANOTHER PERSON OR GIVEN AWAY. In the event Sponsor becomes aware of Codes being sold, transferred, traded, bartered, shared, auctioned or given away, Sponsor will void Codes and ban the relevant Account holders from the Promotion. In addition, Codes/entries from this Promotion in a particular Account cannot be transferred to any other Account, combined or pooled with any Codes/entries entered in any other Account or shared with any other Account. No groups, clubs or organizations can register an Account or participate in the Promotion. If your Code is illegible or unreadable, Sponsor's sole liability in such instance is to replace the Code with another Code at its sole discretion. Codes have no cash value and have no value for any other promotions, merchandise, programs or offers, nor can they be used for any purpose aside from Sweepstakes entry via the Web Site in accordance with these Rules.
All Codes must be entered by April 1, 2012
.
SWEEPSTAKES DRAWINGS.
Drawings will be conducted by an independent judging agency whose decisions in all respects shall be final and binding. The judging agency will determine at random the order in which the instant win prizes will be awarded throughout the Promotion Period. The number of prizes available to be won decreases as prizes are claimed throughout the Promotion Period. Odds of an entry being selected as an "instant winner" depend upon the number of entries and the order in which they are received, but will not exceed 1:4 million. All entries drawn are subject to verification. Entries that are incomplete or non-compliant with these rules will be void. Limit 1 instant win prize per Account, name, address and/or household.
PRIZES.
Two (2) Grand Prizes
: One (1) Grand Prize winner will receive
a $5000.00 kitchen upgrade awarded in the form of a gift card from Cooking.com.
Approximate Retail Value (ARV): $5,000. One (1) Grand Prize winner will receive a vacation for two to a 5-star Caribbean resort (determined by Sponsor in its sole discretion). Trip package includes roundtrip coach-class airfare for two (2) between the major airport closest to the winner’s residence and trip destination (determined by Sponsor in its sole discretion); five (5) nights in one (1) standard room, double occupancy; ground transportation from destination airport to hotel and back; and a gift card to be used for meals. Winner must complete trip by September 30, 2012 . Trip accommodations and air transportation are subject to availability and other restrictions or blackout dates. No transfer or substitution of vacation elements will be permitted, except by Sponsor. Travel must be roundtrip. Airline and flight itinerary determined by Sponsor in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight or cancellation of the trip due to weather or natural disasters. Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the trip package description above, including but not limited to, round trip ground transportation between winner’s residence and the departure airport, airport parking fees, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, meals not covered by vouchers, personal charges at lodging, security fees, baggage fees, taxes or other expenses or incidentals are the sole responsibility of winner. Travel companions must be 18 years of age or older as of the date of departure, unless the minor is the child of the winner, and must travel on same itinerary and at the same time as the winner. If winner is a minor in their state of residence, at least one (1) of the travel companions must be the winner’s parent or legal guardian. Travel companions must execute liability/publicity releases (except where prohibited) prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. ARV: $10,000. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value. Total ARV of Grand Prizes is $15,000.00.
112 Instant Win Prizes
. Each of one hundred twelve (112) Instant prize winners will each receive one of the instant win prizes described below sent to each winner at the postal address provided at the time of Account registration on the Web Site. Any winner notification returned as undeliverable without a forwarding address may result in prize forfeiture. Allow 8 - 10 weeks for delivery of instant win prize. Instant win prizes include the following: Six (6) – Free Bacon for a Year (52 free Smithfield® bacon coupons), ARV: $416.00 per prize; Ninety-six (96) – Free Bacon for a Month (4 free Smithfield® bacon coupons), ARV: $32.00 per prize; Five (5) $100.00 gift cards to hotels.com, ARV: $100.00 per prize; One (1) All-Clad Anniversary Frying Pan, ARV: $89.95 ; One (1) Lodge Logic Reversible Double Burner Grill/Griddle, ARV: $71.95; One (1) Kitchen Aid 4-Slice Toaster, ARV: $99.95; One (1) Cuisinart Coffee Maker, ARV: $59.95; One (1) Set of All-Clad 3-Piece Mixing Bowls, ARV: $99.95; Total ARV of Instant Win Prizes is $6489.75.
No substitution of prize is offered, no transfer of prize to a third party permitted, and non-cash prizes may not be redeemed for cash value, except as stated herein or as determined by Sponsor in its sole discretion. Sponsor shall have no obligation to award any unclaimed prizes.
GRAND PRIZE WINNER NOTIFICATION.
Potential Grand Prize winners will be notified by overnight mail at the postal street address provided at the time of Account registration on the Web Site. Any winner notification returned as undeliverable without a forwarding address may result in Grand Prize forfeiture and an alternate winner may be selected at Sponsor's discretion. The potential Grand Prize winner will be required to sign and return an Affidavit of Eligibility and Liability Release with (where lawful) a publicity release ("Affidavit") within ten (10) days of attempted winner notification (as indicated by the date referenced in the Affidavit). Failure to return the Affidavit within ten (10) days may result in Grand Prize forfeiture, and an alternate winner may be selected. If mail is returned as undeliverable without a forwarding address, then Grand Prize may be forfeited. Unless otherwise noted, allow 8-10 weeks for Grand Prize information by mail following completion of notification process. Grand Prize will only be awarded and delivered to valid names and addresses within the United States. Grand Prize won by a minor may be awarded to the minor's parent or legal guardian, and if applicable, any Affidavit relating to the Grand Prize won by a minor must be executed by the minor's parent or legal guardian. Any portion of a Grand Prize not accepted by a winner will be forfeited.
VERIFICATION.
All Codes submitted online become the property of Sponsor and will not be returned or acknowledged. All Codes are subject to verification at the sole discretion of Sponsor. Anti-fraud detection devices may be used for verification purposes. Codes will be void if they fail to pass anti-fraud detection measures, or if determined by Sponsor in its sole discretion to be any of the following: duplicated, photocopied, reproduced, forged, defaced, disassembled, tampered with, mutilated, cut, torn, partially or entirely erased or blank, smudged, altered from the form in which it was issued, unreadable, illegible, stolen, unissued, unauthorized, illegitimately obtained (i.e., through means other than as described in Rule 2), or if they fail to contain special markings, inks and/or security codes that may be applied by Sponsor at the time of production, or if they contain an unauthorized message, code or other marking not issued by Sponsor for use in this Promotion, or if defective or if they contain printing or other mechanical errors or are printed or produced in error. A Code will be invalid if such Code is associated with any Code deemed void for any reason, including without limitation, the following: (a) Code is not verified or recognized as a valid Code issued by Sponsor in the Promotion; or (b) Code is determined to be previously entered and used; or (c) Code is incorrectly or incompletely entered or submitted; or (d) Code is otherwise void. Sponsor shall have no obligation to the holder of any void Code. Only Codes from Specially-Marked packages distributed by participating retailers during the duration of the Promotion or as otherwise provided in Rule 2 herein will be accepted and may not be combined with those from any other game or sweepstakes. Sponsor may change its policy or set limitations and restrictions at any time and without notice. Except as expressly stated above, Sponsor shall have no liability or obligation with respect to any void Code(s).
LIMITATIONS OF LIABILITY.
No responsibility or liability is assumed by the Sponsor and its Administrators for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Web Site: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online or mobile phone communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent to or received; lost, late or delayed e-mail or U.S. mail; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or Web Site; unauthorized human or non-human intervention of the operation of the Promotion, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Promotion, or loss, miscount, misdirection, inaccessibility or unavailability of an Account used in connection with the Promotion. Sponsor and its Administrators are not responsible for any typographical or printing errors in the Codes, any display or announcement of prize winners on the Web Site, Sweepstakes prizes or these Official Rules, or any inaccurate or incorrect data contained on the Web Site, including without limitation, the number of entries entered in any particular drawing, or any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from online participation in the Promotion, or use of or download of any information from the Web Site. Use of Web Site is at user's own risk. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Sponsor and its Administrators make no representations or warranties of any kind concerning the appearance, safety or performance of any prize. Winner bears all risk of loss or damage to prize after delivery/acceptance. All Promotion participants and/or winners, on behalf of themselves, their executors, heirs and assigns, by acceptance of any offer/prize received under this Promotion, agree to release Sponsor and its Administrators from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses of any kind to persons or property which may be sustained in connection with the conduct, promotion or outcome of the Sweepstakes, receipt, ownership or use of any such prize or while preparing for, participating in or traveling to and/or from any prize-related activity in connection with the Promotion or otherwise. Under no circumstances will Sponsor and its Administrators be liable for punitive, incidental, consequential, or any other damages.
PROMOTION MODIFICATION.
Sponsor reserves the right, at its sole discretion, to modify, cancel, suspend and/or terminate this Promotion in whole or in part at any time during the Promotion Period for any reason whatsoever, including without limitation, in the event that the Promotion is not capable of running as planned or as intended by these Official Rules. In the event of Promotion cancellation, all entries will be deemed expired and void and will be ineligible for the Sweepstakes, and neither Sponsor nor its Administrators shall have any further liability with respect thereto.
Sponsor may modify and amend these Official Rules as they appear online from time to time during the Promotion for clarification purposes without materially affecting the terms and conditions of the Promotion. Sponsor is not responsible for any typographical errors in the advertising of any prize included in the Promotion or the Official Rules, Web Site pages or other promotional materials or Codes.
CONDITIONS OF PARTICIPATION.
All participants agree to be bound by these Official Rules and the decisions of Sponsor and its Administrators whose decisions in all aspects of this Promotion shall be final and binding. By participating in this Promotion, all participants agree to the terms of the foregoing. Sponsor reserves the right to restrict an individual from registering and participating in the Promotion and/or may cancel, suspend or block any Account registered by such person, if Sponsor deems or suspects that such person has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Official Rules or the terms and conditions of the Web Site; or (b) damaging, tampering with or corrupting the operation of the Promotion; or (c) use of any automated bot, script or other robotic, mechanical, programmed or automated devices to submit data to the Web Site; or (d) repeated attempts to enter void Codes in one or more Accounts, as determined by Sponsor; or (e) any unsportsmanlike, inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity or any activity deemed in Sponsor's sole discretion, to be in violation of these Rules or generally inconsistent with the intended operation of the Promotion. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR CORRUPT ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW.
DISPUTES.
Each participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in federal or state court in the State of Virginia; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (3) under no circumstances will participant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participants and the Sponsor and its Administrators in connection with this Promotion, shall be governed by and construed in accordance with the laws of the State of Virginia, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Virginia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Virginia.
PERSONAL INFORMATION.
Each valid Code submitted into an Account will be associated with an entry(ies) in the name of the user at the time of Code submission. In the event of dispute regarding the identity of the holder of the Account, Account holders may be required to provide proof that he/she is the authorized Account holder as described above. The information collected from you is subject to the Sponsor’s privacy policy located at http://smithfield.com/legal.php. You agree that personal data, such as your name and address, may be stored and otherwise used for the purposes within the context of this Promotion and any other purposes outlined in these Rules, including to check your identity, address and telephone number, or to otherwise verify your eligibility to participate in the Promotion and to receive any prize. If your data is not provided your entry will be ineligible.
PUBLICITY CONSENT/WINNER'S LIST.
Publicity Consent
:
Sweepstakes Winners grant to Sponsor the unconditional and irrevocable right, without any further compensation, consideration, notice, review or consent, to use exhibit and publish, in any medium now known or hereinafter known at any time throughout the world their name, address, image, likeness, voice, biographical information and statement for advertising, publicity, trade and public relations purposes, to the extent permitted by law; and Sweepstakes Winners may be required to confirm such consent in writing by executing appropriate Affidavit required by Sponsor, as described in Rule 7.
Winner's List
:
For a list of the winners of Sweepstake prizes valued at $25 or more, send a written request before 7/4/12 to: "Upgrade To A Better Bacon" Winners’ List Request, P.O. Box 8078, Grand Rapids, MN 55745-8078.
SPONSOR.
Smithfield Packing Company, 111 Commerce Street, Smithfield, VA 23430. Sponsor reserves the right to cancel the promotion at any time and substitute another promotion in its place.