NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.
1. ELIGIBILITY: Open to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older. The following individuals are not eligible to enter or win a prize: employees, contractors, directors, and officers of John Morrell & Co. (“Sponsor”), CB Old Country Store, Marsh Supermarkets and each of their respective parents, subsidiaries and affiliated companies, and the advertising, fulfillment, legal, administrative, and Sweepstakes agencies involved in the administration, development, fulfillment, and execution of this Sweepstakes (collectively, “Sweepstakes Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent, and spouse or “step” of each) and those living in the same household of each such person (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Sweepstakes).
2. SWEEPSTAKES PERIOD: Sweepstakes begins on April 1, 2015 and ends on May 31, 2015 (the “Sweepstakes Period”), while supplies of entry forms last. Entries must be postmarked by May 31, 2015 and received by June 8, 2015. Any entries postmarked after May 31, 2015 or received after June 8, 2015 will be void.
3. HOW TO ENTER: To enter the Sweepstakes, pick up a free official entry form on CB Old Country Store Sweepstakes display at participating Marsh Supermarkets locations, while supplies last and complete it and mail it to the address below. Alternatively, you may legibly hand-print your name, complete home address (no P.O. boxes please), email address, date of birth, and daytime phone number on a 3×5 piece of paper and mail it in an envelope with proper postage to:
CB Old Country Store Sweepstakes
PO Box 1322
Elmhurst, IL 60126
Limit one (1) entry per person/household, regardless of method. Any participant who enters more than one time will be disqualified and forfeits any prize won, in Sponsor’s sole discretion. Sponsor is not responsible for late, lost, misdirected, mutilated, incomplete, illegible, or postage-due mail/entries, which will be disqualified. Prof of submission is not proof of receipt by Sponsor. By participating, entrants agree to abide by and be bound by these Official Rules and the Sponsor’s decisions. Entries become the property of Sponsor and will not be returned. Information submitted in connection with this Sweepstakes is governed by Sponsor’s Privacy (available at http://www.johnmorrell.com/privacy).
4. DRAWING AND ODDS OF WINNING: Winner will be selected in a random drawing from all eligible entries. Odds of winning depend on the number of eligible entries received during the Sweepstakes Period. Drawing will be conducted on or about June 12, 2015, by a third party promotion administrator whose decisions shall be final and binding on all matters relating to the Sweepstakes.
5. PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”):
ONE (1) GRAND PRIZE: a pair of CB Old Country Store rocking chairs, ARV: $320.00.
6. PRIZE RESTRICTIONS: Limit one (1) prize per person/household. Prize is non-transferable and no cash redemption or prize substitution permitted, except at the sole discretion of the Sponsor. If the prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right in its sole discretion to substitute a prize in whole or in part with one of equal or greater value. All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the winner.
7. WINNER NOTIFICATION AND PRIZE CLAIM: Potential winners are subject to verification, including verification of age. Potential winners will receive an email notifying him/her that he/she is a winner. Potential winners must respond to the email within two (2) business days after the email is sent or else that potential winner may be disqualified. Prizes will be shipped to the address provided on the entry form within 4-6 weeks after confirmation of the winner. Sponsor is not responsible for any change of mailing address, email address, and/or telephone number of entrants. If a prize is unclaimed or returned as undeliverable or if a potential winner is found not to be eligible or in non-compliance with these Official Rules, the prize may be forfeited and may be awarded to an alternate winner, at the Sponsor’s sole discretion.
8. GENERAL CONDITIONS: If the Sweepstakes is not capable of running as planned for any reason, including without limitation, 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 reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify, or terminate the Sweepstakes. In the event of cancellation, Sponsor will award the prizes in a drawing from among all eligible, non-suspect entries received prior to cancellation. In the event that an entry is confirmed to have been erroneously deleted, lost or destroyed, entrant’s sole remedy shall be another entry into the Sweepstakes.
9. RELEASE: Entrants agree that the Sponsor and Sweepstakes Parties shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize.
10. BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEESPTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THIS SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
11. PUBLICITY: Except in Tennessee, and where prohibited by law, by accepting a prize, winner (or winner’s parent/legal guardian, if winner is an eligible minor) grants permission for Sponsor and those acting under its authority to use his/her name, and address (city and state), photograph, voice and/or likeness, for advertising and/or publicity purposes, in any and all media now known or hereinafter invented without territorial or time limitations and without further notice to and without additional compensation. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.
12. GOVERNING LAW & JURISDICTION: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in these Official Rules. By entering, you consent to the jurisdiction and venue of the federal, state, and local courts located in DuPage County, Illinois for the resolution of all disputes, and agree that any and all disputes shall be resolved exclusively in those courts. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
13. WINNER LIST: For the winner name, send a self-addressed stamped envelope to CB Old Country Store Sweepstakes, Marsh Supermarkets, P.O. Box 1095, Elmhurst, IL 60126. Requests for the winner list must be received by July 13, 2015.
14. SPONSOR: John Morrell & Co., 4225 Naperville Rd, Suite 600, Lisle, IL 60532.