Rules Text
Smithfield Get Grilling Sweepstakes Official Rules
No Purchase Necessary to Enter or Win The Sweepstakes.
A Purchase or Payment Will Not Increase An Entrant’s Chances of Winning.
Void Where Prohibited Or Restricted By Law.
1. SWEEPSTAKES PERIOD: The Smithfield Get Grilling Sweepstakes (the “Sweepstakes”) begins on April 12, 2019 at 12:00:00 AM Eastern Time (“ET”) and ends on September 2, 2019 at 11:59:59 PM ET (the “Sweepstakes Period”). No purchase is necessary to enter or win the Sweepstakes.
2. SPONSOR: The Sweepstakes is sponsored solely by INMAR BRAND SOLUTIONS, INC., whose address is 1750 S. Osage Springs Drive, Ste. 100, Rogers, AR 72758.
3. ELIGIBILITY: The Sweepstakes is open only to those participants who are: (i) legal residents of the fifty (50) United States or the District of Columbia, and (ii) who are at least 18 years old. Employees of Sponsor, its clients Smithfield Foods, Inc., and/or any of their parent, subsidiary, and affiliate companies (collectively, “Sweepstakes Entities”) as well as their immediate family (spouse, parents, grandparents, children, grandchildren and siblings, and each of their respective spouses, regardless of where they reside) and household members (whether related or not) are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, state, municipal and local laws and regulations. Void outside the fifty (50) United States/District of Columbia, and where prohibited or restricted by law.
4. AGREEMENT TO OFFICIAL RULES: By participating in this Sweepstakes, you unconditionally agree to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to this Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. These Official Rules form a binding legal agreement between the Entrant and the Sponsor with respect to the Sweepstakes. The servers hosting the Website operate as the official clock of the Sweepstakes. When entering the Sweepstakes, you will have an opportunity to opt in to receive future communications from Smithfield Foods, Inc., whose privacy policy is set forth at http://www.smithfield.com/privacy-policy/. You may opt out from receiving such communications at any time as set forth in such privacy policy.
5. HOW TO PARTICIPATE: To participate in the Sweepstakes, visit https://smithfieldgetgrillingsweepstakes.pgtb.me/VRZVxr (the “Website”), complete the quiz and follow the instructions to complete the entry form by answering the survey question, providing your name, mailing address (street, city, state and zip code) and valid email address, and checking the box to confirm that you have read and agreed to the Official Rules. Click the “Enter Sweepstakes” button to complete your entry. Limit one direct entry per person/e-mail address per twenty-four-hour period. For purposes of this limit, each twenty-four-hour period begins at the time of your entry and ends twenty-four hours later. For example, if you enter the Sweepstakes at 9:00 a.m. ET on 4/14, you would not be able to enter the Sweepstakes again until 9:01 a.m. ET on 4/15. After completing an entry as described above, you may gain additional entries by sharing your personal Sweepstakes referral link (provided in a pop-up screen following submission of your Entry). Please do not share more than once per day. You will receive one (1) additional entry for each new valid entry into the Sweepstakes via your referral link. There is no limit on the number of referral entries. When sharing, you must copy and paste the link and the following minimum disclosure: “I entered the Smithfield Get Grilling Sweepstakes. If you enter using this link, I will receive an additional entry. #GetGrillingSmithfield #SmithfieldTeamFastTeamSlow Sweepstakes. NO PURCH NEC. Ends 9/2/19, 50 US/DC 18+. See Rules: https://smithfieldgetgrillingsweepstakesrules.pgtb.me/l320hH.”
All entrants must have a valid email address. Multiple entrants may not share an email address, and an entrant may not enter using multiple email addresses. In the event of a dispute regarding the identity of an entrant, the entry will be deemed made by the natural person to whom the email address used to submit the entry is assigned by the applicable internet service provider or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
6. RANDOM SELECTION OF THE WINNER, ODDS OF WINNING, PRIZES, AND APPROXIMATE RETAIL VALUE (“ARV”):
On or about September 3, 2019, Sponsor will select fifty (50) First Prize winners in a random drawing from among all eligible entries received during the entire Sweepstakes Period. Sponsor will also select one (1) Grand Prize winner from among the entrants who selected “Team Slow” and one (1) Grand Prize winner from among the entrants who selected “Team Fast.” Two Grand Prize winners will each receive a $500 Walmart gift card. Fifty (50) First Prize winners will each receive a $50 Walmart gift card.
Total ARV of all Prizes in the Sweepstakes is $3,500. The odds of winning a Prize depend upon the number of eligible entries received for the applicable pool. Limit one (1) prize per person/e-mail address. Walmart gift cards are subject to the terms and conditions generally applicable thereto. Each gift card is redeemable for merchandise only and will not be redeemed or exchanged for cash, except where required by law. Prize cards will not be replaced or replenished if lost, stolen, damaged, destroyed or used without your permission and will be voided if altered or defaced. All prizes will be awarded provided that there are a sufficient number of Entrants. All prizes are non-transferable prior to award, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change, and in the event that Sponsor is unable to provide a winner with their prize, the Sponsor may elect, to provide such winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value.
7. HOW TO CLAIM A PRIZE: Each potential winner will be contacted by Sponsor through DocuSign as SoFabSweeps via DocuSign dse_na2@docusign.net to the email address provided when entering the Sweepstakes. All federal, state and local taxes on a prize will be the sole responsibility of the winner. If the winner's prize is over $600 in this Sweepstakes or cumulatively over $600 from other Sweepstakes conducted by Sponsor in a single year, winner will need to provide his/her social security number via a notarized affidavit in order to receive an IRS Form 1099. Each affidavit (for those with single or cumulative prizes over $600) must be signed, notarized, and the original mailed back within 10 days from the date it is sent. Each certification (for those winning prizes under $600) must be signed using Docusign and returned electronically within from 5 days from the date it is sent. Failure to timely return the certification or affidavit may result in the Prize being forfeited and awarded to another winner selected at random from the applicable pool of remaining eligible entrants. In the event that any e-mail is returned as undeliverable, or if no response is received within 5 days (for certification) or 10 days (for affidavit) from the date of the e-mail, or if the potential prize winner is found to be ineligible or otherwise not in compliance with these Official Rules, his/her prize may, in the Sponsor’s sole and absolute discretion, be forfeited. In the event a prize is forfeited or not awarded for any reason, the Sponsor will select an alternative prize winner in a random drawing from among remaining eligible entries, except that Sponsor reserves the right not to award a prize if it is unable to confirm a winner after three attempts. Prize cards will be shipped to the winners at the mailing address provided in the confirmation documents within 4-6 weeks after confirmation.
8. ELIMINATION: Any false information provided within the context of the Sweepstakes by any participant or any other non-compliance with these Official Rules or the like may result in the immediate elimination of the participant from the Sweepstakes. Any participants suspected of or found by Sponsor to be compromising the entry process in any way, including but not limited to the use of automatic, programmed, script, bot, third-party or otherwise fraudulent entry method, in Sponsor’s sole discretion, will be disqualified. Sponsor reserves the right to disqualify any person found or suspected of tampering with the operation of this Sweepstakes, to be acting in violation of these Official Rules, to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
9. INTERNET: Sweepstakes Entities and their respective employees, officers, directors, representatives, agents, and their respective parent companies, affiliates, subsidiaries, and advertising, promotion and legal advisors are not responsible for and shall not be liable for late, lost, delayed, damaged, misdirected or incomplete entries, notifications, mail or other communications; telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, or difficulties; or other errors in transmission. If a participant uses a mobile device to enter the Sweepstakes, standard data charges may apply from the carrier. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor may, in its sole discretion, cancel, terminate, modify and/or suspend the Sweepstakes. In the event the Sweepstakes is canceled, terminated, modified and/or suspended, Sponsor will select the winners from among all eligible, non-suspect Entries received as of the date/time such action was taken.
10. PRIVACY POLICY: Any personally identifiable information collected during participation in this Sweepstakes will be collected by Sponsor or its agent and used by Sponsor, its affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Sweepstakes as described in these Official Rules and in accordance with the Privacy Policy as stated at https://www.inmar.com/privacy-policy/.
11. LIMITATION OF LIABILITY: TO THE EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE SWEEPSTAKES ENTITIES, THEIR AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR SWEEPSTAKES AGENCIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. Sponsor assumes no responsibility for undeliverable Entries resulting from any cause. By participating in this Sweepstakes, Entrants agree to release and hold harmless Sweepstakes Entities, Walmart Inc., Facebook, Instagram, Twitter, Tumblr and any other social media sites and apps used by participants to share the personalized entry link, their respective affiliates and the respective directors, officers, employees and agents of each of the foregoing (collectively, the “Releasees”) from and against any and all liability for any injuries, losses or damages of any kind to persons, including death, or property arising in whole or in part, directly or indirectly, from acceptance, use or misuse of a prize (if applicable), participation in the Sweepstakes, or inability to participate in Sweepstakes or in any Sweepstakes-related activity. Releasees are not responsible for printing errors or for lost, late, unintelligible, misdirected, incomplete, damaged or garbled Entries. Releasees are not responsible for any: (a) telephone, computer, hardware, software, programming or interrupted or unavailable network, server or other connections, network malfunction, or other technical failures or human or other errors; (b) communication disruption or other forces beyond the reasonable control of the Sponsor, including inability to enter the Sweepstakes, or other disruption related to Internet traffic, virus, bug, or non-authorized intervention; (c) damage caused by computer virus or otherwise resulting to any computer concerning Entrant’s Entry whether human, mechanical or electronic; or (d) incorrect or inaccurate information whether caused by users or by any of the programming or equipment associated with or used in the Sweepstakes. Releasees shall not be liable to any prize winner or any other person for failure to supply a prize, 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.
12. DISPUTES: The Sweepstakes is governed by, and will be construed in accordance with, the laws of the State of NORTH CAROLINA, without giving effect to any choice of law or conflict of law rules, and the forum and venue for any dispute shall be in THE STATE OF NORTH CAROLINA. 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 AMERICAN ARBITRATION ASSOCIATION, in accordance with its Arbitration Rules and Procedures or subsequent versions thereof (“AAA Rules”). The AAA Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in THE STATE OF NORTH CAROLINA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND TO THE EXTENT ALLOWED BY LAW, 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 SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
13. GENERAL: CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Entries will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in Sweepstakes-related materials (including but not limited to point of sale, television, and print advertising, packaging, and other Sweepstakes media if applicable), the details of the Sweepstakes as set forth in these Official Rules shall prevail and govern.
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, these 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.
By participating in the Sweepstakes, you agree that your entry is gratuitous, unsolicited and without restriction, and will not place the Sweepstakes Entities under any obligations other than those contained in these Official Rules, and that Sweepstakes Entities are free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas therein without any compensation to you. You further acknowledge that Sweepstakes Entities do not waive any rights to use similar or related ideas previously known to Sweepstakes Entities, or developed by their respective employees, or obtained from sources other than you. By entering the Sweepstakes, you understand and acknowledge that you will not now or in the future be paid or compensated in any way for your Entry or for granting the Sweepstakes Entities any of the rights set out in these Official Rules. You further acknowledge that Sweepstakes Entities are not obligated to make use of any of the rights granted in these Official Rules.
This Sweepstakes is in no way sponsored, endorsed by, or associated with Walmart Inc., Facebook, Instagram, Twitter, Tumblr, or any other social media site or application. Any questions, comments, or complaints regarding this Sweepstakes shall be directed to Sponsor and not to any other entity.
14. WINNERS’ LIST: For the names of the prize winners, send a self-addressed stamped envelope to: Smithfield Get Grilling Sweepstakes Winners List, c/o INMAR BRAND SOLUTIONS, INC., 1750 S. Osage Springs Drive, Ste. 100, Rogers, AR 72758. Winner List requests will only be accepted after the Sweepstakes’ end date (listed above) and requests must be received no later than October 31, 2019.
These Official Rules may not be reprinted or republished in whole or in part without the prior written consent of Sponsor. All rights reserved
Rules Text
Smithfield Get Grilling Sweepstakes Official Rules
No Purchase Necessary to Enter or Win The Sweepstakes.
A Purchase or Payment Will Not Increase An Entrant’s Chances of Winning.
Void Where Prohibited Or Restricted By Law.
1. SWEEPSTAKES PERIOD: The Smithfield Get Grilling Sweepstakes (the “Sweepstakes”) begins on April 12, 2019 at 12:00:00 AM Eastern Time (“ET”) and ends on September 2, 2019 at 11:59:59 PM ET (the “Sweepstakes Period”). No purchase is necessary to enter or win the Sweepstakes.
2. SPONSOR: The Sweepstakes is sponsored solely by INMAR BRAND SOLUTIONS, INC., whose address is 1750 S. Osage Springs Drive, Ste. 100, Rogers, AR 72758.
3. ELIGIBILITY: The Sweepstakes is open only to those participants who are: (i) legal residents of the fifty (50) United States or the District of Columbia, and (ii) who are at least 18 years old. Employees of Sponsor, its clients Smithfield Foods, Inc., and/or any of their parent, subsidiary, and affiliate companies (collectively, “Sweepstakes Entities”) as well as their immediate family (spouse, parents, grandparents, children, grandchildren and siblings, and each of their respective spouses, regardless of where they reside) and household members (whether related or not) are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, state, municipal and local laws and regulations. Void outside the fifty (50) United States/District of Columbia, and where prohibited or restricted by law.
4. AGREEMENT TO OFFICIAL RULES: By participating in this Sweepstakes, you unconditionally agree to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to this Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. These Official Rules form a binding legal agreement between the Entrant and the Sponsor with respect to the Sweepstakes. The servers hosting the Website operate as the official clock of the Sweepstakes. When entering the Sweepstakes, you will have an opportunity to opt in to receive future communications from Smithfield Foods, Inc., whose privacy policy is set forth at http://www.smithfield.com/privacy-policy/. You may opt out from receiving such communications at any time as set forth in such privacy policy.
5. HOW TO PARTICIPATE: To participate in the Sweepstakes, visit https://smithfieldgetgrillingsweepstakes.pgtb.me/VRZVxr (the “Website”), complete the quiz and follow the instructions to complete the entry form by answering the survey question, providing your name, mailing address (street, city, state and zip code) and valid email address, and checking the box to confirm that you have read and agreed to the Official Rules. Click the “Enter Sweepstakes” button to complete your entry. Limit one direct entry per person/e-mail address per twenty-four-hour period. For purposes of this limit, each twenty-four-hour period begins at the time of your entry and ends twenty-four hours later. For example, if you enter the Sweepstakes at 9:00 a.m. ET on 4/14, you would not be able to enter the Sweepstakes again until 9:01 a.m. ET on 4/15. After completing an entry as described above, you may gain additional entries by sharing your personal Sweepstakes referral link (provided in a pop-up screen following submission of your Entry). Please do not share more than once per day. You will receive one (1) additional entry for each new valid entry into the Sweepstakes via your referral link. There is no limit on the number of referral entries. When sharing, you must copy and paste the link and the following minimum disclosure: “I entered the Smithfield Get Grilling Sweepstakes. If you enter using this link, I will receive an additional entry. #GetGrillingSmithfield #SmithfieldTeamFastTeamSlow Sweepstakes. NO PURCH NEC. Ends 9/2/19, 50 US/DC 18+. See Rules: https://smithfieldgetgrillingsweepstakesrules.pgtb.me/l320hH.”
All entrants must have a valid email address. Multiple entrants may not share an email address, and an entrant may not enter using multiple email addresses. In the event of a dispute regarding the identity of an entrant, the entry will be deemed made by the natural person to whom the email address used to submit the entry is assigned by the applicable internet service provider or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
6. RANDOM SELECTION OF THE WINNER, ODDS OF WINNING, PRIZES, AND APPROXIMATE RETAIL VALUE (“ARV”):
On or about September 3, 2019, Sponsor will select fifty (50) First Prize winners in a random drawing from among all eligible entries received during the entire Sweepstakes Period. Sponsor will also select one (1) Grand Prize winner from among the entrants who selected “Team Slow” and one (1) Grand Prize winner from among the entrants who selected “Team Fast.” Two Grand Prize winners will each receive a $500 Walmart gift card. Fifty (50) First Prize winners will each receive a $50 Walmart gift card.
Total ARV of all Prizes in the Sweepstakes is $3,500. The odds of winning a Prize depend upon the number of eligible entries received for the applicable pool. Limit one (1) prize per person/e-mail address. Walmart gift cards are subject to the terms and conditions generally applicable thereto. Each gift card is redeemable for merchandise only and will not be redeemed or exchanged for cash, except where required by law. Prize cards will not be replaced or replenished if lost, stolen, damaged, destroyed or used without your permission and will be voided if altered or defaced. All prizes will be awarded provided that there are a sufficient number of Entrants. All prizes are non-transferable prior to award, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change, and in the event that Sponsor is unable to provide a winner with their prize, the Sponsor may elect, to provide such winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value.
7. HOW TO CLAIM A PRIZE: Each potential winner will be contacted by Sponsor through DocuSign as SoFabSweeps via DocuSign dse_na2@docusign.net to the email address provided when entering the Sweepstakes. All federal, state and local taxes on a prize will be the sole responsibility of the winner. If the winner's prize is over $600 in this Sweepstakes or cumulatively over $600 from other Sweepstakes conducted by Sponsor in a single year, winner will need to provide his/her social security number via a notarized affidavit in order to receive an IRS Form 1099. Each affidavit (for those with single or cumulative prizes over $600) must be signed, notarized, and the original mailed back within 10 days from the date it is sent. Each certification (for those winning prizes under $600) must be signed using Docusign and returned electronically within from 5 days from the date it is sent. Failure to timely return the certification or affidavit may result in the Prize being forfeited and awarded to another winner selected at random from the applicable pool of remaining eligible entrants. In the event that any e-mail is returned as undeliverable, or if no response is received within 5 days (for certification) or 10 days (for affidavit) from the date of the e-mail, or if the potential prize winner is found to be ineligible or otherwise not in compliance with these Official Rules, his/her prize may, in the Sponsor’s sole and absolute discretion, be forfeited. In the event a prize is forfeited or not awarded for any reason, the Sponsor will select an alternative prize winner in a random drawing from among remaining eligible entries, except that Sponsor reserves the right not to award a prize if it is unable to confirm a winner after three attempts. Prize cards will be shipped to the winners at the mailing address provided in the confirmation documents within 4-6 weeks after confirmation.
8. ELIMINATION: Any false information provided within the context of the Sweepstakes by any participant or any other non-compliance with these Official Rules or the like may result in the immediate elimination of the participant from the Sweepstakes. Any participants suspected of or found by Sponsor to be compromising the entry process in any way, including but not limited to the use of automatic, programmed, script, bot, third-party or otherwise fraudulent entry method, in Sponsor’s sole discretion, will be disqualified. Sponsor reserves the right to disqualify any person found or suspected of tampering with the operation of this Sweepstakes, to be acting in violation of these Official Rules, to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
9. INTERNET: Sweepstakes Entities and their respective employees, officers, directors, representatives, agents, and their respective parent companies, affiliates, subsidiaries, and advertising, promotion and legal advisors are not responsible for and shall not be liable for late, lost, delayed, damaged, misdirected or incomplete entries, notifications, mail or other communications; telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, or difficulties; or other errors in transmission. If a participant uses a mobile device to enter the Sweepstakes, standard data charges may apply from the carrier. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor may, in its sole discretion, cancel, terminate, modify and/or suspend the Sweepstakes. In the event the Sweepstakes is canceled, terminated, modified and/or suspended, Sponsor will select the winners from among all eligible, non-suspect Entries received as of the date/time such action was taken.
10. PRIVACY POLICY: Any personally identifiable information collected during participation in this Sweepstakes will be collected by Sponsor or its agent and used by Sponsor, its affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Sweepstakes as described in these Official Rules and in accordance with the Privacy Policy as stated at https://www.inmar.com/privacy-policy/.
11. LIMITATION OF LIABILITY: TO THE EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE SWEEPSTAKES ENTITIES, THEIR AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR SWEEPSTAKES AGENCIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. Sponsor assumes no responsibility for undeliverable Entries resulting from any cause. By participating in this Sweepstakes, Entrants agree to release and hold harmless Sweepstakes Entities, Walmart Inc., Facebook, Instagram, Twitter, Tumblr and any other social media sites and apps used by participants to share the personalized entry link, their respective affiliates and the respective directors, officers, employees and agents of each of the foregoing (collectively, the “Releasees”) from and against any and all liability for any injuries, losses or damages of any kind to persons, including death, or property arising in whole or in part, directly or indirectly, from acceptance, use or misuse of a prize (if applicable), participation in the Sweepstakes, or inability to participate in Sweepstakes or in any Sweepstakes-related activity. Releasees are not responsible for printing errors or for lost, late, unintelligible, misdirected, incomplete, damaged or garbled Entries. Releasees are not responsible for any: (a) telephone, computer, hardware, software, programming or interrupted or unavailable network, server or other connections, network malfunction, or other technical failures or human or other errors; (b) communication disruption or other forces beyond the reasonable control of the Sponsor, including inability to enter the Sweepstakes, or other disruption related to Internet traffic, virus, bug, or non-authorized intervention; (c) damage caused by computer virus or otherwise resulting to any computer concerning Entrant’s Entry whether human, mechanical or electronic; or (d) incorrect or inaccurate information whether caused by users or by any of the programming or equipment associated with or used in the Sweepstakes. Releasees shall not be liable to any prize winner or any other person for failure to supply a prize, 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.
12. DISPUTES: The Sweepstakes is governed by, and will be construed in accordance with, the laws of the State of NORTH CAROLINA, without giving effect to any choice of law or conflict of law rules, and the forum and venue for any dispute shall be in THE STATE OF NORTH CAROLINA. 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 AMERICAN ARBITRATION ASSOCIATION, in accordance with its Arbitration Rules and Procedures or subsequent versions thereof (“AAA Rules”). The AAA Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in THE STATE OF NORTH CAROLINA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND TO THE EXTENT ALLOWED BY LAW, 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 SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
13. GENERAL: CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Entries will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in Sweepstakes-related materials (including but not limited to point of sale, television, and print advertising, packaging, and other Sweepstakes media if applicable), the details of the Sweepstakes as set forth in these Official Rules shall prevail and govern.
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, these 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.
By participating in the Sweepstakes, you agree that your entry is gratuitous, unsolicited and without restriction, and will not place the Sweepstakes Entities under any obligations other than those contained in these Official Rules, and that Sweepstakes Entities are free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas therein without any compensation to you. You further acknowledge that Sweepstakes Entities do not waive any rights to use similar or related ideas previously known to Sweepstakes Entities, or developed by their respective employees, or obtained from sources other than you. By entering the Sweepstakes, you understand and acknowledge that you will not now or in the future be paid or compensated in any way for your Entry or for granting the Sweepstakes Entities any of the rights set out in these Official Rules. You further acknowledge that Sweepstakes Entities are not obligated to make use of any of the rights granted in these Official Rules.
This Sweepstakes is in no way sponsored, endorsed by, or associated with Walmart Inc., Facebook, Instagram, Twitter, Tumblr, or any other social media site or application. Any questions, comments, or complaints regarding this Sweepstakes shall be directed to Sponsor and not to any other entity.
14. WINNERS’ LIST: For the names of the prize winners, send a self-addressed stamped envelope to: Smithfield Get Grilling Sweepstakes Winners List, c/o INMAR BRAND SOLUTIONS, INC., 1750 S. Osage Springs Drive, Ste. 100, Rogers, AR 72758. Winner List requests will only be accepted after the Sweepstakes’ end date (listed above) and requests must be received no later than October 31, 2019.
These Official Rules may not be reprinted or republished in whole or in part without the prior written consent of Sponsor. All rights reserved
