SMITHFIELD “HERO OF THE GRILL” PROMOTION
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ELIGIBILITY: The Smithfield “Hero of the Grill” Promotion, which consists of a written contest (“Contest”)
and an Instant Win Game (“Game”) (collectively, the “Promotion”) is open only to individual, legal residents of the 50 United States
and the District of Columbia (“D.C.”) and Puerto Rico, who are 21 years of age or older as of the date of entry. Employees,
officers and representatives of Smithfield Fresh Meat Sales Corp. (“Sponsor”), Advantage Sales & Marketing LLC d/b/a IN Marketing
Services (“Administrator”), each of their respective parent companies, affiliates, subsidiaries, advertising, fulfillment and marketing
agencies, and members of the immediate families (spouse, parent, grandparent, child, grandchild, sibling and their respective spouses,
regardless of where they reside) and households (whether related or not) of any of the above are not eligible to participate in the Promotion.
By participating, you agree to be bound by the Official Rules and the decisions of the Sponsor and Administrator, which are final and binding
in all respects. Void outside the 50 United States/D.C., Puerto Rico, and where prohibited by law. The Promotion is subject to all applicable
federal, state and local laws and regulations. Unless otherwise indicated, all language contained herein applies to both the Contest and the Game.
To be eligible for the Promotion, an entrant must receive prior permission and authority to enter the nominated person in this
Promotion, including that such nominated person’s name may be featured on a race car.
TIMING: The Promotion begins at 12:00:00 PM Eastern Time (“ET”) on 4/24/18 and ends on 9/3/18 at 11:59:59 AM ET (the “Promotion Period”).
TO ENTER THE ESSAY CONTEST: Nominate your “Grilling Hero” whom you have a personal relationship with and explain how/why they have
inspired you at the grill by visiting www.SmithfieldGetGrilling.com during the
Promotion Period and following the instructions (a “Nomination”). YOU MUST HAVE PRIOR PERMISSION FROM ANY PERSON YOU NOMINATE FOR THE CONTEST.
Nomination must include an inspirational essay of no more than 250 words stating how your nominated Grilling Hero has inspired you at the grill.
Essay must convey how they have inspired and/or made a difference in your life through grilling (“Theme”). The essay must be factually accurate, e.g.,
based on actual events and circumstances. The essay must be written in English. Nominations must be received by 11:59:59 PM ET on 9/3/18.
Essay must be original, created solely by nominator, unpublished, may not have been submitted in any other competition, and cannot infringe upon any
rights of any third party including but not limited to any copyright, trade name, trademark, property rights, rights of privacy or publicity or any
other rights of any person or entity. The essay must not have won any other prize or award, must not have been previously published, and must not have
been submitted in any other contest, promotional event, or publication at any time. Once submitted, the essay may not be further edited.
Sponsor reserves the right to disqualify any Nomination it deems to be inappropriate, offensive or not in keeping with Sponsor’s image, in its
sole discretion. Essays that exceed 250 words, or which, in the sole opinion of Sponsor, are deemed not to be original or are deemed to be inappropriate
for publication will be ineligible. All Nominations become the sole property of the Sponsor and will not be acknowledged or returned. By participating,
nominators and, by accepting a prize, prize winners, agree to be bound by these Official Rules. A Nomination may be withdrawn in Sponsor’s discretion if
written request for such withdrawal is made by the nominee.
You must include your legal name and a valid email address for both the nominee (and have permission from nominee to do so) and nominator of where you can be contacted, with the Nomination. In the event you fail to provide the required information on the Nomination form, and/or if the required information on the Nomination form is not valid, and/or if the Nomination form or any part of your Nomination is not successfully submitted, any such attempted Nominations will become null and void. In case of a dispute as to the identity of an entrant, Nomination will be considered to have been made by the authorized account holder of the email address provided on the Nomination form regardless of the individual that submitted the Nomination. Sponsor not responsible for illegible, lost, late, damaged, incomplete, inaccurate, delayed or misdirected entries or for computer system, phone/cable line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature. Use of automated devices to enter is prohibited.
Submission of a Nomination grants Sponsor and its agents the right to copy, publish, use, adapt, edit and/or modify such Nomination in any way, in any and all media, without limitation. Entrant agrees upon Sponsor’s request and without consideration of any kind to sign any and all documents that Sponsor may require so as to confirm the foregoing grant of rights in his/her Nomination.
Limit one nomination per person/email address as nominator. Any attempt by any nominator to obtain more than one (1) Nomination by using multiple/different email addresses, identities, registrations and logins, social media platforms or any other methods will void all of that entrant’s entries, and that entrant may be disqualified from participation in the Promotion, in the Sponsor’s sole discretion. Entries that are generated by a script, macro, or other automated means and/or otherwise not in compliance with these Official Rules will be disqualified. Automated methods of entry, including entry via third party websites or services, are prohibited. Sponsor and Administrator are not responsible for (a) electronic transmissions or entries that are lost, late, stolen, incomplete, inaccessible, damaged, garbled, destroyed, misdirected or not received by Sponsor or its agents for any reason; (b) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operations or transmission, communication failures or human error that may occur in the transmission, receipt or processing of entries (including but not limited to the issuance of automated responses by Sponsor or its agent), or for destruction of or unauthorized access to, or alteration of entries; (c) failed or unavailable hardware, network, software or telephone transmissions, damage to entrants’ or any person’s computer, mobile device and/or its contents, or causes beyond Sponsor’s or Administrator’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Promotion; (d) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Promotion; (e) any typographical or other error in any printing or advertising related to this Promotion, in the administration or execution of the Promotion, or in the announcement of the prize winners; or (f) cheating or fraud by any entrant. Sponsor is not responsible for any interruptions in phone service, unavailable network, server, Internet Service Provider (ISP), website or other connections that may limit a person’s ability to participate in the Promotion. In the event of a dispute regarding entries received from multiple users having used the same e-mail account, the authorized subscriber of the e-mail account will be deemed to be the entrant. Authorized account subscriber is the natural person who is assigned the e-mail address by the ISP, on-line service provider or other organization responsible for assigning e-mail addresses for the applicable domain. Incomplete or otherwise non-compliant entries will be void.
ENTRIES REPRESENT SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS MERELY REQUESTING PERSONS TO POST AN ESSAY AND DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SAME; THIS INCLUDES BUT IS NOT LIMITED TO LIABILITY FOR MONITORING/REVIEWING/MODERATING ENTRIES POSTED AND/OR RE-POSTED, AS THE CASE MAY BE, ON THE WEBSITE. SPONSOR WILL NOT EDIT OR MODIFY ESSAYS POSTED/RE-POSTED AS PROMOTION ENTRIES.
ELIGIBLE NOMINATED NAME MAY APPEAR ON RACING CAR: The first 10,000 eligible and verified Nominated names (that comply with all requirements set forth herein) will be displayed on the #10® race car of the Stewart-Haas Racing® team in one (1) major racing event, as determined by Sponsor. You must have prior express consent from the person you nominate and opt-in at the point of entry for their name to be displayed on the race car. The placement, size, prominence, and all other details concerned the placement and manner of display of the Nominated name will be in the Sponsor’s sole discretion. Sponsor shall not have any liability for misspellings, omissions, or other defects related to the display of any Nominated person’s name.
CONTEST JUDGING: All eligible Nominations will be judged by a panel of qualified judges whose decisions are final and binding in all matters relating to the judging. Nominations will be judged on the following equally-weighted criteria: 1) Creativity and Originality while keeping with the Spirit of The Grilling Hero Theme, 2) Clarity of Expression and 3) Overall Essay Quality. The Nomination that receives the highest score will be the Grand Prize Winner, subject to verification. In the event of a tie, tied entries will be judged by an additional tie-breaking judge using the same criteria. Potential Grand prize winners will be notified by email and/or phone on or about 10/5/14.
PRIZES FOR CONTEST: One (1) Grand Prize for the Nominee: $5,000 cash. One Prize for the Nominator: $500 cash.
Cash prize will be awarded as separate checks made payable to the winning nominee and nominator.
TO ENTER THE INSTANT WIN GAME/GAME PRIZES: Visit www.SmithfieldGetGrilling.com
during the Promotion Period to register and play the instant win game. After registering, follow directions to play the game by completing a quick activity.
You will receive a message after game play to notify you if you are a winner. Limit of one game play per person/email address per day.
Two Thousand One Hundred Eighty Five (2,185) Instant Win Prizes: (250) $25 Walmart gift cards; Weber Branded Items; (40) barbeque mitt, Approximate Retail Value (“ARV”): $7.99; (60) silicone basting brush, ARV: $8.99; (50) instant-read thermometer, ARV: $9.99; (40) premium tongs, ARV: $12.99; (40) rib and roast holder, ARV: $17.99; (40) 2-piece premium tool set, ARV: $23.99; (100) Weber’s Greatest Hits cookbook, ARV: $24.99; (25) iGrill mini thermometer, ARV: $49.99. Smithfield Branded Items; (100) Tuffy Stone cookbook, ARV $14; (500) hat, ARV $7.18; (100) cutting board, ARV $10; (500) basting brush, ARV $1.65; Tabasco Branded Items; (20) grilling plate, ARV $26.95; (20) kabob skewer, ARV $14.95; (50) basting brush, ARV $6.25; (50) raspberry chipotle sauce, ARV $5.25; (150) wood chips, ARV $6.50; Gallo Branded Item; (50) golf umbrella, ARV $25. Instant win prizes will be randomly time seeded throughout the Promotion Period and the first player to complete a game play on or after a winning time wins the corresponding prize. Odds of winning a prize will be determined by the number of game plays and the time at which the game play is received.
WINNER NOTIFICATION/VERIFICATION: Potential Prize Winners will be notified by email. Potential winners must respond to such email with the requested information within 72 hours of date notified or the prize will be forfeited and may be awarded to an alternate winner. Potential Contest Grand Prize winner will be required to complete, sign and return an Affidavit of eligibility, liability release and (where lawful) a publicity release and an IRS Form W9 and may be required to complete, sign and return an IRS Form 1099. Noncompliance by date specified for the return of the documents, or return of these documents or any prize or prize notification as undeliverable, will result in disqualification. Sponsor is not responsible for any change of email address. Prizes will be awarded assuming a sufficient number of eligible entries are received.
Total ARV of all Instant Win Game prizes: $24,009.05. Any difference between the ARV and the actual value will not be awarded.
PRIZE RESTRICTIONS: No substitution, assignment or transfer of prize permitted by any winner. Sponsor reserves the right to substitute a prize of comparable or greater value, at its sole discretion if an advertised prize or portion thereof becomes unavailable. All federal, state and local taxes and any other costs and expenses associated with the acceptance and use of any prize not specified herein are the sole responsibility of each winner. All prize details specified herein, including without limitation the brand, size, color, version, etc. shall be determined by Sponsor in its sole discretion.
Winner acknowledges that Released Parties (as defined below) have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers’ terms therefore, and winners agree to look solely to such manufacturers for any such warranty and/or guarantee.
GENERAL CONDITIONS: All federal, state and local income taxes on the prize are the sole responsibility of the winner. Allow approximately 4-6 weeks for shipment of Instant Win Game Prizes following verification of eligibility. Entry into this promotion and/or acceptance of any prize constitutes winner’s agreement (and agreement to confirm in this grant in writing, if requested) and permission for Sponsor and its agencies to use winner’s name/likeness, photograph and limited biographical information for advertising and trade purposes in any and all media worldwide without limitation and without further notice or compensation, unless prohibited by law. Acceptance of a prize further constitutes winner’s acknowledgement that the Released Parties (as defined below) have neither made, nor are in any way responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. By participating and/or accepting a prize (if applicable), Promotion entrants agree to release and forever discharge, hold harmless and covenant not to sue Sponsor, Administrator and each of their respective parent companies, affiliates, subsidiaries, distributors, agents and promotion and advertising agencies and the employees, directors and officers of each of the foregoing entities (collectively, the “Released Parties”), from and against any and all claims, demands, damages, losses and liabilities, of any nature whatsoever, which they may now or hereafter assert, including but not limited to, claims for injury, death, damages, or illness arising out of or relating to or claimed to be arising out of or relating to participation in the Promotion, prize acceptance (if applicable), or the use or misuse of any prize (if applicable) or participation in any prize-related activity (if applicable) or while preparing for or traveling to any prize-related activity. Sponsor and its agents are not responsible for any printing or other errors in Promotion-related material. Sponsor reserves the right, in its sole discretion, to cancel, terminate or suspend this Promotion should causes beyond the control of Sponsor corrupt the administration, security or proper play of the Promotion. If the Promotion is terminated before the intended end date, Sponsor will award the Grand Prize which will be determined from all eligible entries received prior to the Promotion termination. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. By entering, entrant agrees that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the Commonwealth of Virginia; (b) 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 (c) to the extent allowed by applicable law, under no circumstances will entrant 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, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Virginia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Virginia. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, the Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials and the terms and conditions of these Official Rules, the Official Rules shall prevail, govern and control. No more than the stated number of Game prizes shall be awarded.
WINNERS LIST: For a list of the winners, send an email to be received by 11/30/18 to: Winners@ASMnet.com and include “Smithfield “Hero of the Grill” Promotion” in the subject line. Names will be sent after winners have been verified.
Stewart-Haas Racing® and #10® are registered trademarks of Stewart-Haas Racing and are used under license.
SPONSOR: This Promotion is sponsored solely by Smithfield Fresh Meats Sales Corp., 200 Commerce St., Smithfield, VA 23430.