Start Making Choices Smart Solutions Contest
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: SMC Smart Solutions Contest (the "Promotion") is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of ConAgra Foods, Inc., Time Inc., ePrize, LLC, and any of their respective related companies, parents, subsidiaries, affiliates, and agents and any agencies or other companies involved in the development or execution of the Promotion or production or distribution of Promotion materials, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Promotion is subject to all applicable federal, state, and local laws and regulations. Void where prohibited. The Promotion consists of a sweepstakes (the "Sweepstakes") and a contest (the "Contest").
2. Sponsor: ConAgra Foods, Inc., One ConAgra Drive, Omaha, NE 68102. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.
3. Agreement to Official Rules: By participating in the Promotion, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and/or Administrator, which are final and binding in all matters related to the Promotion. Whether an entrant receives a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Promotion begins on December 15, 2008 at 12:00 a.m. Eastern Time ("ET") and ends on May 31, 2009 at 11:59 p.m. ET (the "Promotion Period"). The Contest consists of three (3) phases as set forth in the chart below.
| Phase | Starts at 12:00 a.m. ET | Ends at 11:59 p.m. ET |
| Submission | December 15, 2008 | February 28, 2009 |
| Judging | March 1, 2009 | March 31, 2009 |
| Voting | April 1, 2009 | May 31, 2009 |
Administrator's computer is the official time-keeping device for the Promotion.
5. How to Enter:
Submission Guidelines:
Content Restrictions:
For All Submissions: Limit: You may submit one (1) Submission per day during the Submission Phase. Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. Entrant must have permission from all individuals that appear in the Submission (if any) to use their name and likeness in the Submission and to grant the rights set forth herein. If requested by Sponsor, entrant must be able to provide such permissions in a form acceptable to Sponsor. All Submissions will become the exclusive property of Sponsor, and none will be acknowledged or returned. Sponsor shall have the right to edit, adapt and publish any or all of the Submissions, and may use them in any media without attribution or compensation to the entrant, his/her successors or assigns, or any other entity. UPLOADING A SUBMISSION IN THIS CONTEST CONSTITUTES ENTRANT'S IRREVOCABLE ASSIGNMENT, CONVEYANCE AND TRANSFERENCE TO SPONSOR OF ANY AND ALL RIGHT, TITLE AND INTEREST IN THE SUBMISSION INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHTS. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.
In the event of a dispute as to any Submission, the authorized account holder, at time of entry, of the email address used to register for the Contest 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. The entrant may be required to show proof of being the authorized account holder.
6. Winner Determination: Winners will be determined via the processes set forth below.
a) Contest:
Sponsor will then select the top twenty-five (25) Submissions (each a "Finalist") based on the judging criteria above. In the event of a tie, Sponsor, in its sole discretion, will determine the Finalist based on the Submission that received the highest score in the Appropriateness to Theme category.
b) Sweepstakes: Sponsor's decisions as to the administration and operation of the Sweepstakes and selection of potential Sweepstakes winner are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential Sweepstakes winner from all eligible entries and on or around June 3, 2009 and notify each potential winner by mail, email or phone at that time.
7. Winner Requirements: All potential winners must comply with all terms and conditions of these Official Rules; and winning is contingent upon fulfilling all requirements. Each potential Contest Grand Prize and Sweepstakes Grand Prize winner (parent/legal guardian if winner is a minor in his/her state of residence) will be required to execute and return to Administrator, within ten (10) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release ("Affidavit") in order to claim his/her prize. If a potential winner cannot be contacted, fails to execute and return the Affidavit within the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits the prize. In the event that a potential Contest Grand Prize winner is disqualified for any reason, an alternate winner will be determined by the Submission with the next highest number of votes. If after three (3) attempts a Contest Grand Prize winner is not confirmed, the applicable prize will remain un-awarded. In the event that the potential Sweepstakes Grand Prize winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all eligible entries. Only three (3) alternate drawings will be held after which the prize will remain un-awarded. Prizes must be awarded by 10/31/09. Acceptance of any prize shall constitute and signify winner's agreement and consent that Sponsor may use the winner's name, city, state, likeness, Submission and/or prize information in connection with the Promotion, worldwide, including the Internet, without limitation and without further payment or consideration, except where prohibited by law.
8. Prizes:
a) Contest: TEN (10) CONTEST GRAND PRIZES: Winner's choice of two (2) of the following experiences (each experience is four (4) hours each): Winner cannot select the same experience twice: 1)Technology Concierge Experience. In a four-hour session, the Technology Concierge will help you streamline your gadgets including: program your universal remote, hide unsightly cords, recommend speaker placement, and assist in mounting your stereo or flat screen TV. 2) Home Organization Experience. During a four-hour session, the Home Organization consultant will help create systems of organization that your entire family can use including daily mail and receipt organization, and storage in the kitchen, playroom or living spaces. 3) Personal Trainer Experience. A fitness expert will spend one four-hour session with you to help devise an exercise plan that fits into your schedule and builds in activities that you enjoy, so you will be more likely to adopt a new, more active lifestyle. 4) Personal Chef Experience. A meal planning expert will help devise a healthy and tasty food plan for you and your family in a four-hour session in which you will learn how to build a smart and satisfying grocery list, understand what foods are in season and easy ways to prepare meals to keep your family eating fresh and healthy. Specific details of each prize will be determined by Sponsor in its sole discretion. Approximate Retail Value ("ARV"): $5,000.
b) Sweepstakes: ONE (1) SWEEPSTAKES GRAND PRIZE: Winner's choice of two (2) of the following experiences (each experience is four (4) hours each). Winner cannot select the same experience twice: 1) Technology Concierge Experience. In a four-hour session, the Technology Concierge will help you streamline your gadgets including: program your universal remote, hide unsightly cords, recommend speaker placement, and assist in mounting your stereo or flat screen TV; 2) Home Organization Experience. During a four-hour session, the Home Organization consultant will help create systems of organization that your entire family can use including daily mail and receipt organization, and storage in the kitchen, playroom or living spaces; 3) Personal Trainer Experience. A fitness expert will spend one four-hour session with you to help devise an exercise plan that fits into your schedule and builds in activities that you enjoy, so you will be more likely to adopt a new, more active lifestyle; 4) Personal Chef Experience. A meal planning expert will help devise a healthy and tasty food plan for you and your family in a four-hour session in which you will learn how to build a smart and satisfying grocery list, understand what foods are in season and easy ways to prepare meals to keep your family eating fresh and healthy. Specific details of each prize will be determined by Sponsor in its sole discretion. Approximate Retail Value ("ARV"): $5,000. Odds of winning a/the prize depend on the number of eligible entries received during the Voting Phase.
For all prizes: Prizes must be fulfilled and used at the winner's address as provided during registration. Prizes are non-transferable and no substitution will be made unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a prize for one of equal or greater value should it become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Limit: One (1) prize per person.
9. Release: By receipt of any prize, the applicable winner agrees to release and hold harmless Sponsor, Time Inc., Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion or receipt or use or misuse of any prize. Sponsor is not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsor and Administrator are not responsible for any typographical/other error in entries, selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Promotion. If for any reason an entrant's Sweepstakes entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Sweepstakes, provided that, if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the Sweepstakes prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) 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 (3) 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, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
13. Entrant's Personal Information: Information collected from entrant is subject to ePrize, LLC's Privacy Policy http://www.eprize.com/privacy/privacypolicy.html and Sponsor's Privacy Policy http://conagrafoods.com/utilities/privacy.jsp.
14. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than October 3, 2009. For the Winner List, send an email with subject line: "SMC Smart Solutions Contest, Winner List Request," to WinListRequests@eprizefulfillment.com.
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