OPEN TO ELIGIBLE LEGAL RESIDENTS
OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA,
18 YEARS OR OLDER AS OF DATE OF ENTRY.
VOID IN PUERTO RICO, ELSEWHERE AND WHERE PROHIBITED BY LAW.
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
Entrants must have access to the Internet to enter this Giveaway.
The Giveaway (the “Giveaway”) is sponsored by The Schwan Food Company, 115 West College Drive, Marshall, MN 56258, and is administered by Triad Digital Media, LLC d/b/a Triad Retail Media, an independent judging organization (“Administrator”), 100 Carillon Parkway, St. Petersburg, FL 33716.
1. BRIEF OVERVIEW OF THE GIVEAWAY: NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING. The Administrator’s computer shall be the official Giveaway Period clock.
2. ELIGIBILITY/ENTRIES: You must be able to access the Internet to enter this Giveaway, at least eighteen (18) years old as of time of entry and a legal resident of the 50 United States or District of Columbia. Officers, directors, agents, sales representatives, distributors and employees (and the household members and immediate family members, e.g., children, spouse, siblings, parents and the “steps” of each of the aforementioned) of The Schwan Food Company, Triad Digital Media, LLC, their parent companies, subsidiaries, affiliates, and their advertising, promotion and web design agencies, Blogger (“Sponsor & Others”), writers, contributors and other individuals/entities associated with this Giveaway are not eligible to enter or win. All federal, state and local laws apply. Void in Puerto Rico and where prohibited by law. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and/or Administrator’s decisions, which are final and binding in all matters related to the Giveaway. Winning a prize is contingent upon fulfilling all requirements set forth herein. If it is discovered that an Entrant has registered or attempted to register more than once using multiple email addresses, telephone numbers or multiple identities, all of the Entrant’s entries will be declared null and void and any prize an Entrant might have been entitled to will not be awarded.
3. HOW TO ENTER: To enter the Giveaway, go to www.forthemommas.com (“Giveaway Website”) during the Giveaway Period, click on the “Enter the Giveaway” link on the Giveaway Website and follow the instructions on screen. Entrants will be required to enter their name, address, email and answer a small survey. All entries become property of Sponsor and will not be returned.
4. GENERAL ENTRY TERMS: Maximum of one (1) entry per eligible Entrant during the Giveaway Period. If an Entrant submits more than one (1) entry, not in accordance with the Rules herein, any entries submitted by the Entrant after the first (1st) entry will be deemed to be an invalid entry. The authorized account holder, defined below, of the email address from where the entry is generated will be deemed to be the Entrant. Sponsors & Others are not responsible for lost, late, stolen, damaged, incomplete, invalid, unintelligible, garbled, delayed or misdirected entries; all of which will be void. In the event of a dispute as to any entry, the authorized account holder (determined at time of the entry) of the email address used to make the entry will be deemed to be the Entrant and must comply with these Official Rules. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each Entrant may be required to show proof of being an authorized account holder.
5. DRAWING, PRIZE & ODDS OF WINNING: Five (5) potential Prize Winner will be drawn by Administrator, at random, from among all eligible entries. Potential Prize Winner will be notified either by email and/or telephone. Winner is subject to eligibility verification by Administrator. Administrator’s and Sponsor’s decisions shall be final in all matters pertaining to this Giveaway.
GRAND PRIZES (1): The (1) Grand Prize Winner receives one (1) $50 Walmart gift card, subject to the terms and conditions of the gift card (Retail Value: $50).
All costs and expenses not specifically included herein are solely the Prize Winner’s responsibility, as are all federal, state and local taxes. Odds of winning depend on the number of eligible entries received during the Giveaway Period.
6. HOW TO CLAIM A PRIZE, AFFIDAVITS AND RELEASES: Prize Winner will be contacted by Blogger or Administrator via email. Prize Winner must contact Blogger or Administrator as set forth in the email within 24 hours to confirm or an alternate winner may be selected. Upon confirmation, Prize Winner will receive instructions on how to claim the prize. If potential Prize Winner is found to be ineligible or not in compliance with these Official Rules, declines to accept a prize, or Blogger or Administrator is unable to contact a potential Prize Winner and/or potential Prize Winner does not contact Blogger or Administrator to confirm within 24 hours, or in the event that a prize confirmation or prize is returned undeliverable, the Prize will be forfeited and, in the Sponsor’s sole discretion, the Prize may be awarded to an alternate Winner. Potential Prize Winner may be required to furnish proof of identification. Before being declared a Prize Winner, Potential Prize Winner may be required to execute and return an Affidavit of Eligibility/Liability & Publicity Release within seven (7) business days from the date it is received by Prize Winner, or the Prize may (in Sponsor’s sole discretion) be forfeited and, in Sponsor’s sole discretion, awarded to an alternate Winner. The right to receive a Giveaway Prize is non-assignable, non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsor who reserves the right to substitute prize of equal or greater value in case of unavailability of prize or force majeure. Federal, state and local taxes, if any, are the sole responsibility of winner.
7. RELEASE: By acceptance of a prize, the Prize Winner releases and agrees to indemnify and hold harmless Sponsor & Others, from and against any and all costs, claims, damages or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel or slander, false advertising and intellectual property right infringement), due in whole or in part, directly or indirectly, to participation in the Giveaway including attachment of any photograph, or arising out of participation in any Giveaway or prize related activity. Blogger and/or Administrator are not responsible for products shipped from outside vendors or sponsors.
8. LIMITATION OF LIABILITY: Sponsor & Others are not responsible for illegible, lost, late, incomplete, stolen, misdirected postage due, or undeliverable, email, or postal mail; for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; for any garbled, corrupt or jumbled transmissions, service provider, Internet, website or Usenet accessibility, availability or traffic congestion; any technical, mechanical typographical or other error; unauthorized human intervention; or the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information. Sponsor & Others are not responsible for any incorrect or inaccurate information, whether caused by any website users, tampering or hacking or by any of the equipment or programming associated with or utilized in the Giveaway and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, technical error, theft, destruction or unauthorized access to any website(s). Sponsor & Others are not responsible for any injury or damage, whether personal or property, to Entrants or to any person's computer related to or resulting from participating in this Giveaway. If, for any reason, the Giveaway is not capable of running as planned, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Giveaway and/or proceed with the Giveaway, including the selection of a winner(s), in a manner it deems fair and reasonable including the selection of winners from among eligible entries received prior to such cancellation, termination, modification or suspension. SPONSOR & OTHERS MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AS REGARDS TO ANY PRIZE OR ANY COMPONENTS OF THE PRIZES. VOID WHERE PROHIBITED, AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES. AN ENTRANT MUST CHECK LOCAL LAWS TO LEARN IF ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. Further, Sponsor & Others are not responsible for, and shall be indemnified by Prize Winner against any claims, injuries, losses, or damages of any kind resulting from acceptance, use, misuse, possession, or loss of a prize.
In addition, Sponsor & Others are not responsible for and shall be defended, indemnified, held harmless and released by Prize Winner against any claims, liabilities, lawsuits, judgments, causes of action, proceedings, injuries, death, losses, costs, expenses or damages of any kind resulting from, in connection with or arising from acceptance, receipt, delivery, use, nonuse, misuse, defect in, inability to use, possession or loss of prize. Sponsor & Others shall not be liable to Prize Winner or any other person for any part thereof, by reason of any acts of God; any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entities (whether or not they prove to be valid); equipment failure; terrorist acts; earthquake; fire; flood; war; explosion; unusually severe weather; hurricane; embargo; labor dispute or strike (whether legal or illegal); labor or material shortage; transportation interruption of any kind; work slow-down; civil disturbance; insurrection; riot; or any other cause beyond Sponsor’s sole control. As a condition of participating in this Giveaway, each Entrant agrees to release, defend, indemnify and hold harmless Sponsor & Others from and against any injuries, death, losses, costs, expenses, damages, claims, judgments, causes of action and any liability of any kind in connection with, resulting from or arising from the Giveaway, participation in the Giveaway, including without limitation, acceptance, receipt, delivery, possession, use, misuse, inability to use, defect, nonuse or loss of the prize that may be awarded.
9. DISPUTES: THE GIVEAWAY IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF FLORIDA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE COUNTY OF PINELLAS, FLORIDA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN FLORIDA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN PINELLAS COUNTY, FLORIDA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL, DIRECT DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ANY CLAIMS MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE LAST DAY OF THE GIVEAWAY PERIOD.
11. PUBLICITY RIGHTS: By entering the Giveaway and/or accepting a Prize, Entrants agree to allow Sponsor and/or Sponsor's designee the perpetual right to use their name, biographical information, photos and/or likeness, and statements for promotion, trade, commercial, advertising and publicity purposes at any time or times, in all media now known or hereafter discovered including live television, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
12. GENERAL: By entering this Giveaway, Entrants agree to abide by and accept these Official Rules throughout the Giveaway Period and the decisions of Sponsor or Administrator, which shall be final and binding in all matters relating to this Giveaway. Entrants waive any right to claim ambiguity in these Official Rules. In no event will more Prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical or other errors, there are more potential Prize Winners than are stated in these Official Rules, a random drawing among the entrants will be held to determine the Prize Winner. All federal, state and local laws and regulations apply. Sponsor reserves the right, in its sole discretion to cancel, terminate, or modify this Giveaway and proceed in a manner it deems fair and reasonable, including the selection of Winners from among all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared made by the authorized account holder of the email address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor reserves the right, to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Giveaway; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Giveaway. Any use of robotic, automatic, macro, programmed, third-party, or like methods to participate in the Giveaway will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. All entries and/or materials submitted become the property of Sponsor and will not be returned. Sponsor & Others are not responsible for any lost, late, undeliverable/undelivered, or postage due mail. Void in all jurisdictions except those specifically included herein, in Puerto Rico and wherever restricted or prohibited by law. Federal, state and local taxes, if any, are the sole responsibility of winner. Sponsor will ship prize directly to the winner immediately from date of receipt of signed Agreement and Release. In the event of any conflict with any Giveaway details contained in these Official Rules and Giveaway details contained in Giveaway Materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Giveaway as set forth in these Official Rules shall prevail.
13. WINNERS LIST: For the names of the Grand Prize Winner(s), send a self-addressed stamped envelope, postmarked by 8/30/15, to: Winners List The Giveaway, Triad Digital Media, LLC, Attn: Rachel Boger, 100 Carillon Parkway, St. Petersburg, FL 33716.
The Schwan Food Company
115 West College Drive
Marshall, MN 56258
The Giveaway Rules may not be reprinted or republished in whole or in part without the prior written consent of Triad Digital Media, LLC.
© 2015 Triad Digital Media LLC. All rights reserved.