The Eagle Brand® Sweet Secret Recipe
and Essay Contest ("Contest") begins on October 5 2011 at 12:00 p.m. noon Eastern
Time (ET) and ends on December 7, 2011 at 11:59 a.m. (ET) ("Contest Period").
HOW TO ENTER: Submit your original recipe (in English or in Spanish)
using an Eagle Brand product in one of the following recipe categories:
1) Fudge; 2) Cheesecake; 3) Pie; 4) Cookie Bar or 5) Other, along with the name
of your original recipe and the recipe category you are entering. In addition, you
must submit an original essay of 100 words or less (in English or in Spanish) stating
why Eagle Brand sweetened condensed milk is the "sweet secret" in your recipe (recipe
and essay collectively, "Entry") 1) Online - at www.eaglebrand.com
or www.marcaeagle.com (the "website"), complete Contest entry form, agree to these
Official Rules and then click "Submit Entry" during the Contest Period, or 2)
By Mail – legibly hand-print or type your name, date of birth, complete
address, daytime and evening phone numbers, email address (if applicable) on a piece
of paper along with your original recipe, the recipe name, the recipe category you
are entering and your original essay which meet the criteria above. Mail your Entry
in a standard, business-size envelope to: Eagle Brand Sweet Secret
Recipe and Essay Contest, C/O Cohn & Wolfe, 200 Fifth Avenue, Floor 7, New York,
NY 10010. Mailed entries must be postmarked by December 7, 2011 and received by
December 14, 2011. You may enter a different recipe in each of the recipe categories.
Entries must meet the Entry Requirements listed below. If more than one Entry is
received from the same person/e-mail address in any recipe category, only the first
Entry received will be included in the judging. Limit one Entry per person/e-mail
address per recipe category, regardless of method of entry. All Entries
submitted become the property of The J.M. Smucker Company ("Sponsor") and none will
be returned.
ELIGIBILITY: The Contest is open to legal residents of the 50 United
States and D.C., 18 years of age or older. Employees, officers and directors of
Sponsor, its affiliates, subsidiaries, distributors, sales representatives, website
developers and administrators, advertising, sales promotion and judging agencies
and all other service agencies involved with the Contest, and members of the immediate
families (parent, child, sibling and spouse of each) or households of any of the
above are not eligible. The Contest is open only to amateur home cooks. Individuals
who currently attend, have attended or who are graduates of an accredited culinary
program (whether employed in a culinary trade or not) or who are employed as a food
professional such as a chef, food writer, food editor, or food economist who create
recipes for income are prohibited to enter and are not eligible to win a prize.
Entries from anyone who has been a prize winner in any Sponsor contest (including,
but not limited to Smucker's®, Jif®, Crisco®, Folgers®, Hungry Jack®, Martha
White®, Pillsbury® (baking mixes, frostings, and flour), Eagle Brand,
etc.) in the 12 months prior to the Contest start date will NOT be considered.
ENTRY REQUIREMENTS: The recipe and essay must be original works
created by the person entering the Contest and cannot have previously won a contest
or other promotion. Recipe and essay must not have been previously published, must
not be awaiting publication, nor may be submitted for publication consideration
during the period of the Contest. Recipe must include the minimum of at least one
14-ounce can of any variety of Eagle Brand
Sweetened Condensed Milk:
1. Sweetened Condensed Milk
2. Low Fat Sweetened Condensed Milk
3. Fat Free Sweetened Condensed Milk
Recipes must list all ingredients in exact common U.S. household measurements in
order of use, step-by-step preparation instructions, cooking times and number of
servings. Recipes may include traditional and non-traditional uses of the qualifying
Eagle Brand products. Recipes containing alcohol will NOT be
considered. Recipe must include at least the specified amount of the
Eagle Brand product and the variety of the Eagle Brand
product used in the recipe must be specified. The recipe name may not include the
brand name, including the Eagle Brand name. Entries may not include
the brand name of any ingredient or the trademark of any other manufacturer, except
for The J.M. Smucker Company family of brands, (including, but not limited to
Smucker's, Folgers, Jif, Crisco, Hungry Jack, Martha White, Pillsbury
(baking mixes, frostings, and flour), Eagle Brand, etc.). The Entry
must not violate or infringe the rights of any third party, including but not limited
to rights of copyright, trademark, publicity or privacy.
JUDGING: Initial Judging: Initial judging based
on the written recipe, will be done by a qualified panel of judges and will consider
the following criteria: likely taste, originality, creativity, ease of preparation
and appearance. Recipes will not be prepared during Initial Judging. Essays corresponding
to the recipes will be judged on relevance to theme, creative expression and clarity.
Semi-Finalist Judging: The top five recipes in each recipe category
(including ties and provided a sufficient number of qualified Entries are received)
will then be prepared by a professional test kitchen staff or food stylist, judged
by a qualified panel of judges and assigned points based on the following criteria
and point system: taste (1-55 points); originality (1 to 45 points); creativity
(1-40 points); appearance (1 to 30 points); and ease of preparation (1-30 points).
Essays corresponding to the top five recipes in each recipe category will be judged
on the following criteria: relevance to theme (1-30 points); creative expression
(1-20 points); and clarity (1-10 points). Points from recipe and essay judging will
be combined. The Entry with the most points in each recipe category according to
the criteria listed above will be declared Online Finalists Entries (subject to
eligibility verification). In the event of a tie, the Entry with the higher score
first in the taste category and then in the creativity category for the recipe and
then the higher score in the creative expression category for the essay will be
declared the Online Finalist. If a tie continues, the tied entries will be re-judged
by a new judge using the same criteria. Online Finalists (or his/her parent/legal
guardian if Online Finalist is a minor) will be required to sign and return an Affidavit
of Eligibility, Liability and Publicity Release ("Affidavit") within 7 days of receipt
of notification to be eligible to compete in the Online Voting phase. Sponsor reserves
the right, in its sole discretion, to not award a prize for each recipe category
if it does not receive a sufficient number of eligible Entries. If a potential Online
Finalist cannot be contacted, or does not return the Affidavit within the required
time period, he/she will be disqualified and Sponsor, in its sole discretion and
time-permitting, will determine an alternate Online Finalist based on the scores
from the remaining eligible Entries.
Online Voting: The Online Finalist in each recipe category will posted
on the Sponsor's website,
www.eaglebrand.com and
www.marcaeagle.com, where consumers will be asked to vote for the best
recipe and essay starting at 12:00 p.m. noon ET on or about February 29, 2012 and
will end at 11:59 a.m. ET on March 28, 2012. Voters must be at least 18 years old.
Limit one vote per person or e-mail address per day (12:00 a.m. ET to the following
11:59 p.m. ET). Automated methods of voting are prohibited. Each Online
Finalist's recipe will be re-created by a food stylist and photographed by a professional
photographer selected by the Sponsor and using the same lighting and background.
Each re-created recipe photo, recipe and essay will then be placed online to be
judged by the public. Each Online Finalist's first name and state of residence will
also be displayed online with his/her Entry. By participating in the Contest, entrant
(and his/her parent/legal guardian) acknowledges and agrees that if his/her entry
is selected as an Online Finalist entry: (a) while food stylist and professional
photographer will seek to accurately re-create the recipe on the website, the recipe
as re-created and displayed may differ due to technical limitations/malfunctions/errors/defects/modifications,
and Sponsor and its agencies will have no liability related thereto; and (b) Sponsor
may display the photographs (and accompanying essays) of the Online Finalists' recipes
in any order, pattern or format, at its sole discretion. Each Online Finalist will
be awarded points as follows: 25 points for first place, 20 points for second place,
15 points for third place, 10 points for forth place and 5 points for fifth place.
Grand Prize Winner: The Online Finalist with the highest total
combined score from the Semi-Finalist Judging and the Online Voting phase will be
deemed the Grand Prize Winner. All other Online Finalists will receive a runner-up
prize. In the event of a tie, the Entry with the higher score first in the taste
category and then in the creativity category for the recipe and then the higher
score in the creative expression category for the essay will be declared the Grand
Prize Winner. If a tie continues, the tied entries will be re-judged by a new judge
using the same criteria. The decisions of the judges will be final and binding on
all matters relating to the Contest. Winners will be announced on or about April
10, 2012.
CONTEST PRIZES: ONE GRAND PRIZE:
a check for $10,000 toward a "Sweet Secret" wish. FOUR RUNNER-UP
PRIZES: each runner-up will receive a check for $1,000. 25
SEMI-FINALIST PRIZES: the top five entrants in each Recipe category
will receive a gift basket with Eagle Brand products and baking
supplies. ARV: $25.00 each, actual value depends on products selected. Total ARV
of all Contest prizes: $14,625. All prizes will be awarded provided they are properly
claimed in accordance with these Official Rules and a sufficient number of eligible
entries are received and provided further that circumstances permit. Prizes are
non-transferable. No cash redemptions or substitutions permitted, except by Sponsor,
who may substitute a prize or equal or greater value. Limit one Grand/Runner-up
Prize per person.
GENERAL TERMS & CONDITIONS: Online Finalists/winners cannot
disclose or announce their status publicly (including through social media) until
notified by Sponsor or the public announcement is made. Contest winners will be
notified by telephone and/or certified mail. The Contest winners may be asked to
make themselves available for media interviews and public relations activities related
to the Contest where appropriate. By participating in the Contest, winners agree
to release, hold harmless and indemnify the Sponsor, its affiliates, subsidiaries,
distributors and each of their respective shareholders, directors, officers, employees
and agencies from and against any and all liability whatsoever for any injuries,
losses, harm, damage (including but not limited to property damage, personal injury
and/or death), claims, actions, costs and expenses (including without limitation,
all attorney's fees and court costs) arising directly or indirectly from or in connection
with their participation, acceptance, possession or use/misuse of the prize or participation
in any prize-related activity. Winners further acknowledge that the above parties
are in no manner responsible or liable for, and specifically disclaim, any warranty,
representation or guarantee, express or implied, in fact or in law, relative to
any prize or portion thereof, including but not limited to its quality, mechanical
condition or fitness for a particular purpose. Submission of a Contest entry grants
Sponsor and its agents the right to publish, use, adapt, edit and/or modify the
recipe and essay included with the entry in any way, in commerce and in any and
all media worldwide, without limitation and without consideration to the entrant.
Submission of an Entry further constitutes the entrant's (and his/her parent's or
guardian's) consent to irrevocably assign and transfer to the Sponsor any and all
rights, title and interest in and to the Recipe, including, without limitation,
all intellectual property rights. Acceptance of a prize will further constitute
and signify the winner's agreement and consent (and that of parent or legal guardian
if winner is a minor) that the Sponsor and/or Sponsor's assignee may use the winner's
name, photograph, images, likeness, voice, signature, biographical information,
recipe and/or any other intellectual property materials created or submitted as
part of the Contest, in addition to any and all materials created during public
relations activities related to the Contest (collectively "Publicity Materials")
for purposes of advertising, publicity and trade related to Sponsor's products and/or
services, in all media worldwide (including Sponsor's websites), without further
compensation, except where prohibited. Each winner's statements may be used in whole
or in part and may be paraphrased, amplified, shortened, and/or put into conversational
form to meet the requirements of copy, layout and/or script, provided their general
sense is not changed. All Publicity Materials developed or used will be Sponsor's
property and will be works "made for hire" and each winner will retain no ownership
rights whatsoever in or to said works. If said Publicity Materials are not considered
works "made for hire," each winner hereby assigns all said works to Sponsor. Winners
are solely responsible for any federal, state or local taxes on prizes. All federal,
state, and local laws and regulations apply. Void outside the 50 United States and
D.C. and where prohibited. Sponsor reserves the right to take such action as it
deems necessary to enforce these Official Rules and ensure the fair operation of
the Contest, including without limitation, barring and disqualifying entrants who
do not comply with these Official Rules. If, for any reason, the Contest is not
capable of running as planned by any cause which, in the sole opinion of the Sponsor,
corrupts or affects the administration, security, fairness, integrity or proper
conduct of the Contest, or if due to any technical, production or other error, more
prizes are claimed or awarded than are described in these Official Rules at any
prize level, Sponsor reserves the right, at its sole discretion to cancel, terminate,
modify or suspend the Contest and determine winners from entries received prior
to action taken, or as otherwise deemed fair and equitable by Sponsor. No more than
the number of prizes stated in these Official Rules will be awarded. By entering,
entrants agree that all issues and questions concerning the construction, validity,
interpretation and enforceability of the Official Rules, entrant's rights and obligations
of the Sponsor in connection with the Contest, will be governed by, and construed
in accordance with, the laws of the State of Ohio, without giving effect to any
choice of law or conflict of law rules. By entering, entrants consent to the jurisdiction
and venue of the federal, state and local courts located in Cleveland, Ohio.
LIMITATIONS OF LIABILITY: In the event of a dispute regarding the
identity of an entrant, such entry will be deemed to be made by the authorized account
holder of the e mail address submitted at the time of entry. "Authorized account
holder" is deemed as the natural person who is assigned to an e mail address by
an Internet access provider, service provider or other online organization that
is responsible for assigning e mail addresses for the domain associated with the
submitted e mail address. Neither Sponsor nor its agencies are responsible for lost,
late, stolen, illegible, misdirected, or non-delivered entries or e-mail; or for
lost, interrupted or unavailable satellite, network, server, Internet Service Provider
(ISP), website or other connections availability, accessibility or traffic congestion,
or miscommunications, or failed computer, network, telephone, satellite, or cable
hardware, software or lines, or technical failure, or jumbled, scrambled, delayed,
or misdirected transmissions, or computer hardware or software malfunctions, failures
or difficulties, or other errors of any kind whether human, mechanical, electronic
or network, or the incorrect or inaccurate capture of entry or other information
or the failure to capture, or loss of, any such information. Neither Sponsor nor
its agencies are responsible for any incorrect or inaccurate information, whether
caused by website users, or by any equipment or programming associated with or utilized
in the Contest and assume no responsibility for any error, omission, interruption,
deletion, defect or delay in operation or transmission, communications line failure,
theft or destruction or unauthorized access to, or tampering with or hacking of
website. Sponsor reserves the right, at its sole discretion, to disqualify any individual
it finds may be tampering with the entry process or operation of the Contest or
website, may be acting in violation of the terms of the website or the Official
Rules or may be acting in a non-sportsmanlike or disruptive manner, or with intent
to threaten, abuse or harass any other person. Any attempt to deliberately damage
any website or undermine the legitimate operation of the Contest is unlawful and
subject to legal action by Sponsor or its agents.
IN NO EVENT WILL SPONSOR, ITS AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES
OR AGENCIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANTS
ACCESS TO OR USE OF THE WEBSITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED
FROM SAID WEBSITE OR PARTICIPATING IN THIS CONTEST. WITHOUT LIMITING THE FOREGOING,
EVERYTHING ON THE WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT
ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES
OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF ABOVE LIMITATIONS OR EXCLUSIONS MAY
NOT APPLY. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE
LIMITATIONS OR EXCLUSIONS.
WINNERS LIST: Winners will be posted to the Eagle Brand
websites on or about April 10. For the names of the prize winners by mail, available
after all winners have been verified, send a self-addressed stamped business-size
envelope with proper postage affixed by May 31, 2012 to: Eagle Brand
Sweet Secret Recipe Contest Winners List, C/O Cohn & Wolfe, 200 Fifth Avenue,
Floor 7, New York, NY 10010.
SPONSOR: The J.M. Smucker Company, One Strawberry Lane, Orrville,
OH 44667 ©/TM/® The J.M. Smucker Company