SMITHFIELD SHAKE IT UP CONTEST
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 Shake It Up Contest, which consists of a photo contest (“Photo Contest” or “Contest”) is open only to individual, legal residents of the 50 United States and the District of Columbia (“D.C.”) and Puerto Rico, who are 18 years of age or older as of the date of entry. Employees, officers and representatives of Smithfield Fresh Meats Sales Corp. (“Sponsor”), Advantage Sales & Marketing LLC d/b/a Edge Marketing (“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. 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 Sweepstakes.
TIMING: The Promotion begins at 12:00:00 PM Eastern Time (“ET”) on 1/7/19 and ends on 4/26/19 at 11:59:59 AM ET (the “Promotion Period”).
PHOTO ASSIGNMENT: Take an original photo of your prepared dish that includes fresh pork meat (“Photo”) and write a dish name (5 words or less) and a brief description (50 words or less) on how you shake up your meal routine using fresh pork in place of another protein, like chicken, beef or fish, in one of your traditional recipes (no purchase necessary).
Here are examples of what qualifies as fresh pork meat: pork tenderloin, pork loin, pork roast, pork butt, pork picnic roast, pork chops, pork back ribs, pork spareribs and ground pork.
During the Promotion Period, visit Smithfield.com/ShakeItUp (“Website”) and follow the on-screen instructions to upload your Photo and enter the Contest along with your brief description on how you shake up your meal routine to receive one (1) entry into the Contest. Each Photo submitted as part of the Contest must be unique and must not contain the likenesses of any individuals, third party trademarks, or other proprietary elements. Photos must comply with all content requirements and restrictions set forth herein to be valid. Limit one (1) Photo entry per person during the Contest Period.
Submission of a Photo grants Sponsor and its agents the right to copy, publish, use, adapt, edit and/or modify such Photo in any way, in any and all media, without limitation. Entrant (if a minor in his/her jurisdiction of residence, his/her parent or legal guardian) 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 photo.
Photos must not have been published prior to initial uploading to the Website and may not have been submitted in any other competition. Photos must be unpublished, must be your original work, been solely created by entrant for the purposes of entering this Promotion, and cannot infringe upon any rights of any third party including but not limited to copyright, or other intellectual property rights, or rights of privacy or publicity. Any entrant whose entry includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such Photo, in a form satisfactory to Sponsor, upon request, prior to award of prize and/or naming of entrant as a potential winner Sponsor reserves the right to disqualify any Photo it deems to be not original, inappropriate, offensive (obscene, provocative or otherwise questionable content; e.g., nudity or hate speech), or not in keeping with Sponsor’s image for its brand, in its sole discretion. Each person cannot submit the same Photo more than once. Any attempt by any entrant to obtain more than one (1) Photo entry 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.
PHOTOS/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 PHOTOS AND DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SAME; THIS INCLUDES BUT IS NOT LIMITED TO LIABILITY FOR MONITORING/REVIEWING/MODERATING PHOTOS POSTED AND/OR RE-POSTED, AS THE CASE MAY BE, ON THE WEBSITE. SPONSOR WILL NOT EDIT OR MODIFY PHOTOS POSTED/RE-POSTED AS PROMOTION ENTRIES.
PHOTO CONTEST FINALIST JUDGING: All eligible entries will be judged by a panel of qualified judges selected by Sponsor in its sole discretion and whose decisions are final and binding in all matters relating to the judging. Entries will be judged on the following criteria: 1) Originality/Creativity using Pork in place of another protein in a traditional recipe – 50%; 2) How well the Photo is in keeping with the theme for the Contest – 25%; 3) Overall Quality of Photo – 25%. The twenty (20) Photo Entries that receive the highest total scores will be declared a Finalist, subject to verification, and may receive a Finalist Prize if verified. In the event of a tie, the tie breaker will be based upon the highest score in the first judging criteria, continuing thereafter to each judging criteria in order, as needed, to break the tie.
CONTEST GRAND PRIZE WINNER SELECTION: The Photo that receives the highest accumulated total score in the finalist judging will be deemed to be the Grand Prize Contest Winner, subject to verification (including, without limitation, that the Photo meet the entry requirements). Grand Prize Contest Winner will be notified on or about 5/20/19, subject to the details below.
PRIZES FOR PHOTO CONTEST: One (1) Grand Prize: $5,000. Prize will be awarded in the form of a check made payable to the winner. Twenty (20) Finalist Prizes: $100 pre-paid debit card. Debit card use is subject to the terms and conditions set by issuer.
PRIZE RESTRICTIONS: No substitution, assignment or transfer of prize permitted by winner. Prizes cannot be redeemed for cash, but 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.
WINNER NOTIFICATION/VERIFICATION: Potential winners will be notified by email. Potential winners must respond to such email with the requested information within 48 hours or the prize will be forfeited and may be awarded to an alternate winner. Potential Contest Grand Prize winner (and, if a minor in his/her jurisdiction of residence, his/her parent or legal guardian) 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.
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 Prizes following verification of eligibility. Acceptance of any prize constitutes winner’s agreement 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 (and, if a minor in his/her jurisdiction of residence, his/her parent or legal guardian) agree to release and forever discharge, hold harmless and covenant not to sue Sponsor, Administrator, Twitter, Instagram and each of their respective parent companies, affiliates, subsidiaries, distributors, agents and promotion and advertising agencies, prize providers and manufacturers 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.
WINNERS: To receive Contest results (winners’ list), visit www.promodetails.com and enter the Promo Code “SHAKEITUPCONTEST.” Winners’ list will be available after May 31, 2019.
SPONSOR: This Promotion is sponsored solely by Smithfield Fresh Meats Sales Corp., 200 Commerce St., Smithfield, VA 23430.
© 2019 Smithfield