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1. ELIGIBILITY: T. Marzetti Company’s “A Sweet Upgrade” Instant Win Game, (the “Promotion”) is open only to legal residents of the 50 states of the United States and the District of Columbia who are 14 years of age or older at time of entry. Employees and directors of T. Marzetti Company, (“Sponsor”), and CMS, Inc. (individually and collectively the “Sweepstakes Entities”), those responsible for the development, promotion, distribution and implementation of this Promotion, their respective parents, affiliates, subsidiaries, advertising and promotion agencies, and printing suppliers for this Promotion, and the immediate family members (parents, siblings, children & spouse) of such employees or directors, regardless of where they live, or persons living in the same household as such employees or directors, whether related or not, are ineligible. By participating you agree to these Official Rules and the decisions of CMS, Inc., (“CMS”), the Sweepstakes Administrator, and/or Sponsor which are final and binding in all respects.
2. HOW TO PLAY: Unique codes will be available (1) on specially marked packages of T. Marzetti Old Fashioned Caramel Apple Dip at participating grocery store locations on or about 8/1/08 through 11/1/08 or until supplies are exhausted, whichever comes first, and, 2) by mailing a hand printed self-addressed first class stamped envelope to: T. Marzetti “A Sweet Upgrade” Instant Win – Game Piece Request c/o CMS, Promo ID SWEETAP, PO Box 2850, Winston-Salem, NC 27102-2850 postmarked by 11/3/08 and received by 11/7/08. VT residents may omit return postage. Each mail-in participant will be mailed a randomly selected unique code, while supplies last. Limit one code per person, per stamped mail -in outer envelope request. No copies, facsimiles or mechanically reproduced requests allowed.
If you have received a unique code by one of the methods above, to determine if you win an Instant Win Prize, take your code to www.asweetupgrade.com (“Web site”) and enter your first and last name, street address including city, state and zip code, your email address, and the unique 7-digit code found on specially marked packages. The code must be entered exactly as it appears on the packaging.
Once complete, click the “submit” button to see if you are an instant winner. Whether or not a particular play wins a prize will be determined by random selection at the time the play is received and recorded by the Game computer. The Promotion computer is the Official Clock for the Promotion. Once you click submit, either a winning or non-winning message will be revealed. See Rule #5 if you have received a winning message. Limit one Instant Win play per person/email address per day. A day shall be defined as beginning 12:00:01 a.m. ET and ending the following 11:59:59 p.m. ET. Codes must be entered, received and recorded by the Promotion computer by 11/19/08 at 11:59:59 p.m. ET.
3. PRIZES/VALUES/ODDS OF WINNING:
(10) Macbook Air 1.6 GHz, 13” Monitor 80 GB 2 GB Approximate Retail Value (“ARV”): $1799.00.
(10) Classic iPods 80 GB ARV $ 250.00
(10) Nano iPods 4 GB ARV: $170.00
(20) Shuffle iPods 2 GB ARV: $ 70.00
(50) $25 iTune gift cards ARV $25.00
Winners will be randomly selected by computer. While there are approximately 3,010,000 game codes printed, the actual odds of winning may depend on the number of attempted Internet participations and valid plays and the time of your Internet participation.
For All Prizes: Prizes cannot be substituted, assigned, transferred or redeemed for cash, but Sponsor, in its sole discretion may substitute a prize of equal or greater value if prize becomes unavailable for any reason. If winner cannot accept prize as stated the prize will be forfeited in its entirety and an alternate winner will be selected in a second chance drawing (see below). All Federal, State and local taxes are the sole responsibility of winner. Any depiction of a prize is for illustrative purposes only.
4. HOW TO REDEEM WINNING INSTANT WIN MESSAGE: If you receive a winning message on the Web site, you will receive a confirmation email containing a confirmation number and a CMS representative will contact you via email within three (3) business days to provide you with information on how to claim your prize. Instant Win prizes must be claimed by 12/5/08 or the prize may be forfeited in which case the prize will be awarded to an alternate winner.
5. VERIFICATION: All game pieces, codes, and winning Instant Win messages are subject to verification by CMS. Winner may be requested to provide original packaging with code, print out of screen containing Instant Win winning game message or the confirmation email including confirmation number. Codes are void and will be rejected if not obtained through authorized, legitimate channels or if any part is illegible, mutilated, counterfeited, forged or tampered with in any way or otherwise irregular, or contain printing, seeding, typographical, mechanical or other errors. Sole liability for an irregular packaging, code or Instant Win play is limited to replacement with another randomly selected code or Instant Win play (as solely determined by Sponsor), while supplies last. If because of printing, seeding, typographical, digital, programming or any other error or for any other reason, there are more Instant Win prize claims than Instant Win prizes offered as stated in these Official Rules, a random drawing will be held among all eligible claimants to award such prizes. Only the number of prizes stated in these Official Rules are available to be won in the Game and will be awarded. Any attempt to forge packaging, codes, screens containing Instant Win winning game messages or the confirmation emails or otherwise defraud Sponsor in any way, or failure to comply with any request made in accordance with this Rule, will result in disqualification of participant; and, such participant may be prosecuted to the fullest extent of the law. All materials submitted become the property of Sponsor and will not be returned. Please allow 4-6 weeks after winner verification for delivery of prize.
6. SECOND CHANCE DRAWING: If any instant win prizes are unclaimed, or forfeited they will be awarded in a Second Chance drawing to be held on or about 12/29/08. Those who entered game piece codes on line will be automatically entered. To also enter, hand print complete name, address with zip code, telephone number with area code and date of birth on a 3X5 card and mail to: T. Marzetti “A Sweet Upgrade” Second Chance Drawing c/o CMS, Promo ID SWEETAP, PO Box 2850, Winston-Salem, NC 27102-2850 for receipt by 11/7/08. No mechanically reproduced entries. Odds of winning depend on number of unclaimed or forfeited prizes and the number of eligible entries received. Limit one entry per person, per household.
7. GENERAL CONDITIONS: Where permitted by law, winners grant to Sponsor (which grant will be confirmed in writing on request of Sponsor) and those acting pursuant to its authority, the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the World Wide Web, at any time or times, the winner's name, portrait, picture, voice, likeness and biographical information for advertising, trade and promotional purposes without additional consideration, and without notice, review and approval. By participating, participants release and agree to hold harmless the Sweepstakes Entities and their respective directors, officers, employees, representatives and agents (individually and collectively “Releasees”) from any and all liability for any injuries, loss or damage of any kind to person(s), including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, or participation in any Promotion or travel related activity, or participation in this Promotion. Void in Puerto Rico and where prohibited.
CMS and/or Sponsor reserve the right, at their sole discretion, to disqualify any individual found, in their sole discretion, to be (a) tampering with the entry process or the operation of the Sweepstakes or Web site; (b) in violation of the Terms of Service of the Web site; (c) acting in violation of the Official Rules; or (d) acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed, third party, or like entry methods will void all such entries, and any participant using any such method will be disqualified. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to enter the Promotion at the actual time of entry will be deemed to be the participant and must comply with these rules. Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address. Any of the Sweepstakes Entities may prosecute any fraudulent activities to the full extent of the law.
8. LIMITATIONS OF LIABILITY: Releasees are not responsible for lost, late, mutilated, misdirected, incomplete, illegible, or postage due mail, email or entries, or for any incorrect or inaccurate information, whether caused by Web site users, or tampering or hacking, or by any of the equipment or programming associated with or utilized in the Promotion, and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, jumbled, scrambled or misdirected transmissions, communications line failure, theft or destruction or unauthorized access to the Web site, or failure to capture, or loss of, any entry or other information. Releasees are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Promotion or downloading materials from or use of the Web site. If, for any reason, this Promotion, or any part thereof, as solely determined by Sponsor and/or CMS, is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failure, or any other causes which, in the sole opinion of CMS and/or Sponsor, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, CMS and/or Sponsor reserve the right at their sole discretion to cancel, terminate, modify or suspend the Promotion and/or select the winners from entries received prior to the action taken or in such other manner as deemed fair and appropriate by CMS and/or Sponsor. In such event you may be advised on the Game page to forward your confirmation email to an email address specified by CMS and/or Sponsor or mail your entire original game message print out to an address specified by CMS and/or Sponsor for decoding. Specific instructions will appear on said page. CMS or Sponsor, however, reserve the right, in their sole discretion, to address an Internet raised or related issue in any manner they deem fair and appropriate.
IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEB SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID WEB SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEB 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 JURISDICTIONS 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 TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
9. DISPUTE RESOLUTION/CHOICE OF LAW: The Game is governed by the laws of the State of Ohio, without regard to conflict of law doctrine, with venue in Columbus and all claims must be resolved in the courts of Columbus, Ohio.
10. PRIVACY POLICY: The entry information provided is subject to the Privacy Policy on the above stated Web site. To read that Policy, access the Web site and then access the Privacy Policy.
11. WINNERS' LIST: For names of winners send a self-addressed stamped envelope for receipt by 12/30/08 to: T. Marzetti “A Sweet Upgrade” Instant Win Game - Winners List c/o CMS, Promo ID SWEETAP, PO Box 2850, Winston-Salem, NC 27102-2850 for a copy of these Official Rules mail a self-addressed stamped envelope to the above address marked "OFFICIAL RULES" for receipt by 11/7/08. The names of winners may also be posted at www.asweetupgrade.com.
SPONSOR: This promotion is sponsored by T. Marzetti Company, 1105 Schrock Road, Suite 300, Columbus, Ohio 43229.
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