Official Sweepstakes Rules

THE FOLLOWING PROMOTION IS INTENDED ONLY FOR RESIDENTS OF THE FOLLOWING UNITED STATES AND D.C. AL, AR, CO, FL, GA, IL, IN, KS, KY, LA, MA, MI, MN, MO, NC, NY, OH, OK, PA, RI, TN, TX, VA, WI, WV (EXCLUDING, WITHOUT LIMITATION, PUERTO RICO AND OTHER U.S. TERRITORIES) AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW AND AMERICAN ENGLISH. YOU MUST BE THE AGE OF MAJORITY OR OLDER IN YOUR STATE OF RESIDENCE TO ENTER.  

 

 

"You Have Enough on your Plate" Sweepstakes
(the "Sweepstakes") - Official Rules

 

NO PURCHASE NECESSARY. A PURCHASE WILL NOT
INCREASE YOUR CHANCES OF WINNING A PRIZE.

 

1. The "Sweepstakes Period" is from 12:00:01 am Eastern Time (ET), December 1, 2009 ("Sweepstakes-Start") to 11:59:59 pm ET, June 30, 2010 ("Sweepstakes-End"). Sponsor's computer clock governs time.
2. Eligibility: This Sweepstakes is open only to legal residents residing in the following United States and D.C.: AL, AR, CO, FL, GA, IL, IN, KS, KY, LA, MA, MI, MN, MO, NC, NY, OH, OK, PA, RI, TN, TX, VA, WI, WV who are at least the age of majority in their state of residence and who had Internet access at the time of entry. Void in Puerto Rico, other US territories or where prohibited, licensed, restricted or taxed. Employees, officers, directors, agents, representatives and their immediate families (spouse, parents, children, siblings and each of their spouses regardless where they live) or members of household of Fresh Mark, Inc. d/b/a Sugardale Foods ("Sponsor"), WhiteSpace Design Group, Inc. and THE MARKETING AGENCY, LLC ("Administrator"), their respective parent companies, subsidiaries, advertising, design, web design, web hosting and publicity agencies (the "Sweepstakes Entities") and anyone connected with the production or distribution of this Sweepstakes are not eligible to enter or be awarded a prize.
3. How to Enter: This Sweepstakes can only be entered via the Internet. Go to www.sugardalefoods.com/win_chef and enter all the required information requested including a valid, working email address for which you are the authorized user (defined below). Maximum one (1) entry per person, mailing address or email address per day. Entries must be made by an individual from a stand-alone computer device and may not be made by proxy or any electronic/automated means such as script, bot, macro or any other similar software or program. All discovered entries made in violation of these Official Rules will be deleted. "Authorized user" is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the email address.
4. Winner Selection: One (1) Grand Prize winner will be drawn in random drawings from all eligible entries received during the Sweepstakes Period on or about July 20, 2010. The potential Grand Prize winner will be notified within five (5) business days after the election is made via mail, phone and/or email, in Administarator's sole, subjective discrection, to the contact information submitted via the online registration form. If the notification is made by phone (including a phone message) or email, a potential winner will have three (3) business days to reply, agreeing to accept the prize and providing/confirming full contact information. If the notification is by USPS mail, the potential winner will have seven (7) days to reply as above. Failure to confirm and provide the above will signify to Sponsor that the prize has been declined and forfeited for all time and another potential winner will be chosen in random drawings.
5. Quantity, Prize, Approximate Retail Value (ARV) and Odds: (1) Grand Prize: The use of a personal chef for an approximate one year period for an average family of four, represented as a check for $6,000 to be applied to the services of a chef from the United States Personal Chef Association ("USPCA") according to the Terms and Conditions of the chef that is chosen. Restrictions and limitations apply including, without limitation, that batches of meals (about 20 "average" meals for two adults and two children per month) will be prepared at one time in winner's home and will need to be frozen, that the costlier the ingredients requested the fewer the meals that will be prepared and dates and times of preparation will have to be agreed upon by the winner and the chef. If the meals require shipping, the cost will be paid with the allotted prize funds.  The total prize will not exceed $6,000. ARV: $6,000. Odds: Dependent on the total number of eligible entries received during the Sweepstakes Period. Should the actual value of the prize be less than the ARV stated, the difference will not be awarded in cash or kind. The winner will be responsible for all other expenditures not specifically mentioned here. By entering this Sweepstakes and accepting the prize, a winner acknowledges that Sweepstakes Entities have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to the prize or regarding the use, value or enjoyment of the prize. The Prize will be awarded if properly claimed according to the Official Rules.
6. General: Sweepstakes administration and winner selection and verification will be conducted by THE MARKETING AGENCY, LLC, an independent judging organization, whose decisions are final and legally binding. By participating in this Sweepstakes, you agree to be bound by these Official Rules, Sponsor's Terms & Conditions and privacy policies and the decisions of the Sponsor, the judges and the Contest Administrator. Sponsor is not responsible for those who cannot access the Internet or cannot click-through for any period of time regardless of technical, hardware, software, telephone, Internet, virus contamination or network problems, or for delay, failure or malfunction for any reason including, but not limited to, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors, human errors including, but not limited to, errors by Sponsor's representatives who enter incorrect information into any of Sponsor's computer systems or by force majeure. Proof of entry is not proof of entry receipt. Sponsor reserves the right to cancel/terminate the Sweepstakes if in Sponsor's sole determination it believes that the integrity of the Sweepstakes has been, or could be, compromised or that the Sweepstakes is not capable of running as planned or fairly. Winners will be drawn from eligible entries received up to the time of cancellation. Sponsor reserves the right to disqualify any entry from the Sweepstakes if in Sponsor's sole judgment entrant has not complied with these Official Rules. Without limitation, all of an entrant's discovered entries will be disqualified, at the sole discretion of Sponsor, if entrant attempts (i) to enter the Sweepstakes through any means other than as described in these Official Rules; or (ii) provides information that is inaccurate or fraudulent; or (iii) attempts to disrupt the Sweepstakes or circumvent the terms and conditions of these Official Rules. Only the prizes and values listed in the Official Rules shall be awarded.
7. By entering this Sweepstakes, a participant explicitly releases, discharges and holds harmless the Sweepstakes Entities, their successors, estates and assigns and all their respective shareholders, directors, officers and employees, one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including all "costs", which he/she now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation in the Sweepstakes and the acceptance and use or misuse of a prize.  By accepting a prize, winner waives the right to 1) assert as a cost of winning the prize any and all costs of verification and redemption or travel to redeem said prize, and 2) claim any liability (including attorneys' or experts' fees and costs) which might arise from redeeming or seeking to redeem said prize (including any travel related thereto). The Grand Prize winner will be sent an Affidavit of Eligibility, Liability and (where legal) Publicity Release via email and will be required to complete the Affidavit, have it notarized and return it within three (3) business days. Failure to do so may cause the prize to be forfeited and another winner may be chosen by the judges. The right to receive a prize is non-assignable and non-transferable and no prize substitution, exchange or cash equivalent will be allowed except by Sponsor who reserves the right to substitute a prize (or portion of prize) of equal or greater value in case of unavailability of a prize or force majeure. A prize or prize notification that is returned as undeliverable will disqualify the winner and an alternative winner shall be selected in random drawings.
8. All federal, state and local laws and regulations apply. If any provision of the Sweepstakes shall be deemed to violate any federal, state or local law, regulation or ordinance, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. If Sponsor is required by applicable federal, state or local law, regulation or ordinance, or by action of an administrative agency to cease offering the Sweepstakes in any jurisdiction, Sponsor reserves the right to (i) terminate the Sweepstakes in such jurisdiction in its entirety, and/or (ii) cancel and remove from participation in the Sweepstakes any and/or all entries from entrants residing in such jurisdiction, without penalty and without obligation to any Sweepstakes entrants. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. All taxes are winner's responsibility and an IRS form 1099 will be sent to winner for $6,000 for the year 2010.
9. Acceptance of the prize constitutes permission to use the winner's name, voice and likeness and any and all identifying characteristics (excluding address, phone or email address) for promotional, advertising and publicity purposes by Sponsor (including posting to the Sugardale Foods website); this permission includes, but is not limited to, the taking of photographs and/or videos by Sponsor's photographer/videographer for publicity purposes, without any further consent or compensation, unless prohibited by law and winner agrees to execute any and all documents requested by Sponsor to convey such rights to own all the results thereof. Nothing contained herein shall be deemed to obligate Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use of any and every nature and kind.
10. Sweepstakes Entities shall not be responsible for technical, pictorial, typographical or editorial errors or omissions in any marketing materials or these Official Rules.
11. All entries submitted become the property of Sponsor and none will be acknowledged. Sponsor and Administrator collect personal information from you when you enter the Sweepstakes. The information collected is subject to Sponsor's/Administrator's Privacy Policies found by clicking on the "Privacy Policy" link on www.sugardalefoods.com and The Marketing Agency's Privacy Policy found at www.themarketingagency.com/html/aboutUs.html.
12. By entering, entrant agrees that any and all disputes, claims, action and causes of action arising out of or connected with this Sweepstakes or the prize awarded and all issues and questions concerning the validity, interpretation and enforceability of these Official Rules shall be resolved individually, without resort to any form of class action, and exclusively in a court of competent jurisdiction sitting in Stark County, Ohio without regard for conflict of law doctrine. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes and never shall include consequential, incidental or punitive damages, and in no event attorneys' or experts' fees. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
13. For a Winners List - available on or about July 30, 2010, go to winchef.sugardale.com/rules.aspx until at least August 30, 2010.
14. This Promotion is sponsored by Fresh Mark, Inc. d/b/a Sugardale Foods, 1888 Southway Street SE, Massillon, OH 44646 and is administered by The Marketing Agency, LLC, 2881 East Oakland Park Blvd., Suite 425, Fort Lauderdale, FL 33306.

 

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