GORTON'S, INC. EAT SMART CONTEST
No Purchase Necessary
Please be aware that the official rules of the contest prohibit any effort to compromise the integrity of the outcome, including without limitation, any effort to inflate vote totals by the use of mechanical or artificial voting techniques. Gorton's reserves the right to act to address any such instances, including disqualification of the entry benefited by such an effort, or nullification of any votes cast using such a technique. We are committed to running a fair contest and will continue to monitor the voting results.
Official Rules
1. No Purchase Necessary. Purchase will not improve chances of winning. To enter the contest (‘Contest”), complete an official entry form online at www.gortons.com between 9 a.m. Eastern Standard Time (EST) on March 1, 2009 and 11:59 p.m. Eastern Standard Time (EST) on May 31, 2009 (“Contest Period”). Entries must be received no later than 11:59 p.m. Eastern Standard Time (EST) on May 31, 2009. Sponsor's computer shall be the official clock for purposes of the Contest. Include with your entry a photograph of your picky eater, and a short story (150 words or less) about their pickiest eating moment and how you overcame it and got your child to eat seafood. Each entry may only include one photograph. Photographs must be in digital format. Only online entries will be eligible. Any other form of Internet entry is void and will NOT be accepted. Without limiting the foregoing, use of automated, programmed or like on-line entry methods is prohibited. Only one entry per person is permitted. Any person who attempts to participate with multiple e-mail and/or street addresses, under multiple identities, or uses any device or artifice to enter multiple times will be disqualified. In case of dispute, on-line entries will be declared made by the authorized account holder of the e-mail address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. No print or film submissions will be accepted for entry into this Contest. The photograph need not be taken with a digital camera; scans of negatives or photographic prints are acceptable. All digital files must be 2 megabytes or smaller and must be in JPEG format only. Entries which in Gorton’s sole discretion contain inappropriate language or stories will not be considered. Entries (including without limitation all pictures and stories submitted with the entries) must be the original work of the entrant and must not have been previously published elsewhere or entered in another contest. By entering this Contest you agree that all entries and rights to entries, regardless of whether they are selected Winners, including but not limited to copyright and ownership, become the property of Sponsor and will not be returned. Sponsor shall have the right to use, reproduce, license, transfer or modify any entry for any purpose. Entry constitutes agreement to be bound by these rules and permission to use your and your child’s name and likeness, in addition to your and your child’s photograph, for publicity purposes without further compensation. YOUR PROVISION OF PERSONAL INFORMATION ON THE WEB SITE IS SUBJECT TO THE GORTON’S INC. PRIVACY POLICY; IF YOU DO NOT FULLY AGREE TO THE TERMS OF THE PRIVACY POLICY, DO NOT PROVIDE ANY PERSONAL INFORMATION ON THE WEB SITE OR ENTER THE CONTEST ON-LINE.
2. Prizes: Grand Prize. The Grand Prize Winner will receive (1) desktop computer (Winner may select from either the iMac or the HP offered) (Maximum Retail Value: $2,200) and fifty-two (52) free product coupons for Gorton’s seafood product (Total ARV: $2,564). One (1) Grand Prize will be awarded. First Prize. Each First Prize Winner will receive a free product coupon for Gorton’s seafood every week for a year (total of 52 free product coupons). Ten (10) First Prizes will be awarded (Total ARV: $3,640). Second Prize. Each Second Prize Winner will receive a free product coupon for Gorton’s seafood every month for one year (total of 12 free product coupons). Twenty (20) Second Prizes will be awarded (Total ARV: $1,680). Gorton’s reserves the right to substitute any prize(s) with a product of equal or greater value for any reason whatsoever. No transfer of prize or cash redemptions permitted by Winner. No substitution, except as provided for herein.
3. Eligibility: Entrants must be 18 years of age or older at the time of entry and legal residents of the United States. Entrants must be either the parent or legal guardian of the picky eater. Employees of Sponsor and its affiliates, subsidiaries, advertising and promotion agencies and family members (spouse, parents, children and siblings and their spouses) and individuals living in the same household of such employees are ineligible. This offer is void wherever prohibited, and is subject to all federal, state and local laws. By participating, entrants agree to these official rules. Sponsor may report, as required by applicable statute or regulation, the value of the prize and the identity of the Winners to appropriate taxing authorities.
4. Winner Selection: Finalists will be selected by Sponsor between May 31, 2009 and June 10, 2009. The number of finalists chosen will be in Sponsor’s sole discretion. The photograph and story submitted by each entrant chosen as a finalist will then be posted on Gorton’s website between June 15, 2009 and July 31, 2009, during which time visitors to the site may vote for their favorite finalist. Winners will be announced on or about August 10, 2009. The Winners will be determined using a combination of the outcome of the vote and judging by Sponsor based on creativity, originality, composition, technical execution, and effectiveness in conveying the story. All decisions of Sponsor are final in all matters relating to this Contest, to include, but not be limited to, the awarding of the winner (“Winner”) of the Grand Prize, First Prize(s) and Second Prize(s). In the event of a tie, an additional "tie-breaker" judge will determine the winner from among all such tied entries using the judging criteria above. The odds of winning will depend on the total number of eligible entries received during the Contest Period. The winners will be notified by e-mail within five (5) business days from selection and will be required to complete an affidavit of eligibility and liability/publicity release, including the Winner’s social security number for tax reporting purposes, which must be notarized and returned within 14 days of the date mailed to the Winner or an alternate winner may be selected. Except as specifically provided herein, the prizes are guaranteed to be awarded. Sponsor is not responsible for failure for any reason whatsoever of a selected entrant to receive notification.
5. Prize Restrictions: No substitution or transfer of prize permitted except at sole discretion of Sponsor. Unless otherwise agreed to by Gorton’s, Prize must be accepted as awarded with no substitution. Prize cannot be redeemed for cash or credit, in whole or in part. By accepting the prize the Winner agrees to the release of his or her name and/or likeness for potential publicity purposes, where permitted by law.
6. Dispute Resolution/Choice of Law: Except where prohibited, participants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes shall be resolved individually, without resort to any form of class action, and exclusively by an action in state or federal court located in the appropriate courts in Essex County, Commonwealth of Massachusetts, and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Sweepstakes but in no event attorneys' fees; and (c) under no circumstances will participant be permitted to obtain awards for and participant hereby waives all rights to claim 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 participant and/or Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts without regard for conflicts of law doctrine of any jurisdiction.
7. Limitation of Liability: Sponsor and prize suppliers are not responsible for printing or typographical errors in any Contest-related materials; computer system, hardware, software, or program malfunctions or other errors, failures, or delayed computer transaction or network connections; stolen, lost, misplaced, late, misdirected, damaged, incomplete, or illegible entries. By participating in this Contest and accepting a prize, Winner releases and agrees to hold harmless Sponsor, its directors, officers, employees, representatives, affiliates, agents and promotion agencies from any and all losses, damages, rights, claims, and actions of any kind in connection with the Contest or resulting from the Winner’s participation in the Contest, acceptance, possession, use, or misuse, of any prize, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, privacy or defamation. Sponsor reserves the right to conduct background checks with respect to any Winner for the sole purpose of determining whether the selection of a Winner creates a reputational risk to Sponsor, in which case, Sponsor, in its sole discretion, may select an alternate winner. Sponsor reserves the right to cancel or modify the Contest if fraud or technical failures compromise the integrity of the Contest or render execution of the Contest impractical as determined by Sponsor in its sole discretion. Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process or otherwise violates any of the rules of the Contest.
Official Rules and Winner’s Name Requests: For a copy of the Official Rules and/or a list of the Winners, send a self-addressed, stamped envelope to the following address: (Please specify "Official Rules" or "Winner") Gorton’s Inc., 128 Rogers Street, Attn: Eat Smart Contest 2009, Gloucester, MA 01930.
9. Sponsor: This Contest is sponsored by Gorton’s Inc., 128 Rogers Street, Gloucester, Massachusetts 01930