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Feed Your School Spirit

RED GOLD, INC.
“Feed Your School Spirit Contest – Chicago”
Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE IN OR WIN THIS CONTEST.

1. GENERAL. The Red Gold, Inc. “Feed Your School Spirit Contest – Chicago” (the “Contest”) is a contest where eligible participants earn points for an eligible high school by participating in select activities on or through www.redgold.com/chicago (the “Contest Website”). In this Contest, an eligible school that accumulates the most overall points in the Contest will win a $5,000 donation to be made to the winning school for use by its athletic department, as described below. The foregoing is a general description only of the Contest and is qualified in its entirety by these Official Rules. The sponsor of the Contest is Red Gold, Inc. (“Sponsor”).

2. ELIGIBILITY.

a. Eligible Participants. The Contest is only open to participants who, at the time of participation in the Contest, (a) are legal residents of the State of Illinois and reside in the Contest Territory (as defined below), and (b) are at least eighteen (18) years of age. The Contest is void outside the Contest Territory, and where prohibited or restricted by law. For purposes of these Official Rules, the “Contest Territory” means the following counties comprising the Chicago, Illinois Designated Market Area (which includes counties in the state of Indiana): Lake, Cook, Will, Kankakee, Grundy, Kendall, Kane, McHenry, De Kalb, Du Page, La Salle, Lake, Porter, La Porte, Newton, Jasper, Boone, Winnebago, Ogle, Lee, Bureau, Putnam, Marshall, Woodford, Livingston, Ford and Iroquois, Benton, White, Pulaski, Starke, Marshall, St. Joseph. Employees, officers and directors of Sponsor, its parents, subsidiaries, affiliates, divisions, advertising and promotion agencies, and the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director, are not eligible to participate. The Contest, and any website pages and advertisements relating thereto, is intended for viewing only within the Contest Territory, and participants must be present in the Contest Territory at the time they participate.

b. Eligible Schools. In this Contest, eligible participants earn points as described below for eligible schools. For purposes of this Contest, an eligible school is a public or private educational institution in the Contest Territory that has students in grades 10, 11 and/or 12 (including these variations: 9-12, K-12, 10-12, 6-12, 11-12, 7-12, and any other variation with grade(s) 10, 11 and/or 12), with an athletic department that fields teams that compete in high school sports with other schools. For clarity, an athletic department may not be a formal, established department within a school; however, at a minimum, such school must provide financial support to its sports program, have one (1) or more designated coach(es) of its teams, and compete against other in-state schools in games or other competitive events (for example, football games, basketball games, wrestling matches, swimming tournaments, etc.). Without limiting the foregoing, an eligible school does not include home schools, or virtual or telecommuter schools. A list of potentially eligible schools is included within a dropdown listing on the Contest Website; provided, such list is only a list of all the high schools in the Contest Territory as accumulated by Sponsor, and does not distinguish between eligible and ineligible schools (for example, a school on the list may be a school in the Contest Territory, but does not field teams for competition with other high schools and is therefore ineligible), and it is also possible such list does not include all the high schools in the Contest Territory. In directing that Points (as defined below) be assigned to a school, (i) a school must be on the drop down list on the Contest Website, and (ii) a contestant is responsible for ensuring that the school meets the eligibility requirements for an eligible school as set forth above. All schools to which a contestant directs for the assignment of Points are subject to verification of eligibility by Sponsor in its sole discretion. If a school does not meet the Contest eligibility criteria, all Points assigned by contestants to such school will be disqualified for this Contest. Sponsor reserves the right to determine in its sole discretion whether a school qualifies as an eligible school for purposes of this Contest, including for accumulation of Points and winning any prize in this Contest. If an eligible participant or potentially eligible school believes a school should be added to the online list referenced above, please contact Sponsor via email to redgoldcontest@ccf-ideas.com to request inclusion on the Contest Website schools list; Sponsor may approve or reject such request in its sole discretion.

3. TIMING. The Contest participation period begins at 12:00 a.m. Eastern Time (“ET”) on September 14, 2009 and ends at 11:59 p.m. ET on November 30, 2009 (the “Participation Period”). For purposes of this Contest. Sponsor’s computer is the official timekeeping device for the Contest.

4. HOW TO EARN POINTS.

a. How to Earn Points. During the Participation Period earn points in this Contest (“Points”) for an eligible school by, (i) going to the Contest Website and participating in designated activities as listed below or (ii) participating in designated mail in activities as described below. Points may only be earned during the Participation Period, and only in accordance with and subject to these Official Rules.

i. Earning Points Online. Instructions and requirements for participating in the following activities are set forth in more detail at the Contest Website, and participation in such activities (and earning related Points) requires compliance with such instructions and requirements. In order to earn points online, an eligible participant must be registered for online participation in the Contest. To register, go to the Contest Website and follow the links and instructions for online registration. Completely fill out the online participation form and submit it in accordance with the on-screen instructions. As part of the initial online registration process, a participant will select the eligible school to which Points earned by the participant through online participation activities will be assigned.

Points are earned online as follows for the associated activities. All online participation must be during the Participation Period.

Activity Points
Participant registers to receive Sponsor’s email newsletter and other communications.One (1) Point*
*LIMIT: One (1) point for such activity in the Contest.


ii. Earning Points by Mail. Instructions and requirements for participating in the following activities are set forth below, and participation in such activities (and earning related Points) requires compliance with such instructions and requirements. In order to earn Points by mail activities, an eligible participant does not need to be registered for online participation in the Contest as provided in Section 4(a)(i) above for online participation.

Points are earned by mail as follows for the associated activities. All mail in participation items must be received by Sponsor during the Participation Period.

ActivityPoints
Participant mails in a Contest Card (as described below) with any Red Gold Tomato product label One (1) Point per Contest Card with label*
*Labels must be original labels and include UPC barcode. No facsimiles, photocopies or mechanically reproduced labels allowed.
Participant mails in a Contest CardOne (1) Point per Contest Card


For purposes of this Contest, a “Contest Card” is a 3” x 5” piece of paper. During the Participation Period, hand print your full name, complete home address, day and evening phone numbers, email address (if any) and the eligible school to which your Point is to be assigned on a Contest Card and send it by United States mail in a sealed envelope no larger than 9 1/2" x 4 1/4" (a #10 envelope) with correct postage as follows:

For Contest Cards WITH product labelsFor Contest Cards WITHOUT product labels
Feed Your Spirit Contest –Participation
4600 Lyndale Avenue North
c/o Impact Proven Solutions
Minneapolis, MN 55402
Attn: Dan Goodenough
Feed Your Spirit Contest – Participation
4600 Lyndale Avenue North
c/o Impact Proven Solutions
Minneapolis, MN 55402
Attn: Dan Goodenough

On your Contest Card, you may also elect to “opt-out” of receiving marketing or promotional communications from Sponsor and/or its marketing partners by stating on your entry form that you do not desire to receive such communications. No facsimiles, photocopied or mechanically reproduced entries allowed. Use of any automated system to submit Contest Cards is prohibited and will result in disqualification.

b. Participation - Generally.

i. Points can be accrued solely by the applicable participant. Points earned are not transferable and have no cash value. At no time may Points be purchased, sold or bartered. Sponsor reserves the right to set a maximum Point accumulation for certain activities. If there is any fraud or abuse related to a participant’s accrual of Points or the participant’s participation in the Contest or Contest activities (including but not limited to violation of the Official Rules, violation of the terms and conditions of the Contest Website, or any misrepresentation or misconduct by a participant), Sponsor reserves the right to take whatever action, in its sole discretion, Sponsor deems appropriate, including but not limited to termination of participation in the Contest, termination of current or future participation in any other Sponsor activities, and/or forfeiture of any accrued Points. In addition, Sponsor reserves the right to seek any or all remedies set forth in Section 9. If Points are forfeited for any reason, such Points may not be reinstated to the participant.

ii. All online Contest activities by a participant on the Contest Website are subject to the terms and conditions of the Contest Website, as posted from time to time thereon.

iii. In the event of a dispute as to the identity of an online participant, the authorized account holder of the email address used to participate will be deemed to be the participant. Participants may be required to show proof of being the authorized account holder. The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. All online participation activities will be deemed to have been made by the authorized account holder of the submitted email address. Participating in the Contest by using a script, macro or any kind of automated device is prohibited and will result in disqualification.

iv. All participation activities in the Contest, regardless of method of entry, must be received by Sponsor during the Participation Period. Proof of online or mail-in participation in the Contest activities will not be deemed to be proof of Sponsor’s receipt or recordation of such activities.

v. All participants, participation activities, Points and eligible schools are subject to verification by Sponsor, in its sole discretion. Sponsor’s computer shall be the official record keeping device for Contest activities in this Contest.

vi. See Section 13 below (“Data Collection”) regarding data collected online in connection with a participant in the Contest and a participant’s ability to opt-out of receiving marketing and promotional materials.

5. AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating in the Contest, each participant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of participants and schools, the eligibility, recordation and verification of Points, the selection of the Contest winner, application of the tie-breaking criteria, and the awarding of the prize), all of which are final and binding in all respects.

6. SELECTION OF WINNER; TIEBREAKER; NOTIFICATION.

a. Selection of Winner. On or about January 29, 2010 one (1) prize winner will be selected from among all eligible schools in this Contest based on the accrual of Points in this Contest. The prize winner will be the eligible school that has accrued the most eligible Points on a cumulative basis in this Contest during the entire Participation Period.

b. Tiebreakers. In the event of any tie(s), the tie(s) will be broken with the following tie-breaker criteria (applied in the following order, with (a) being the first tie breaker criteria, and each subsequent tie breaker criteria being applied (only if needed) until the final tie is broken and a single winner is selected): (a) the eligible school that has the most participants accruing Points for the school in the Contest and (b) if the foregoing does not determine the tie, as a final and decisive tiebreaker (if needed), the remaining tied eligible schools will have a representative of the school compose an original essay answering, in two hundred fifty (250) words or less, the question: Why will your school benefit most from an award of the Contest prize? Essays shall be typewritten and in English, and submitted to Sponsor at such time and in such manner as directed by Sponsor. Judges will evaluate each eligible essay based on the following criteria: insight (one-third); demonstration of need (one-third); and quality of writing (one-third). In the event of an essay tie, the tied participants’ essays will be reevaluated against each other by the judging panel based on the essay criteria above until the tie is broken. Essay judging, if any, will be by a panel of individuals who are experienced with high school sports, which individuals shall be selected by Sponsor or its designees and who may also be employees or agents of Sponsor or its designees.

c. Winner Confirmation. The eligible school selected as the Contest winner must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential winner will be notified by phone, letter (by postal or overnight delivery) and/or e-mail. In order to claim the prize, the potential winner will be required to execute and return to Sponsor an Affidavit of Eligibility, a Liability Release and, except where prohibited by law, a Publicity Release (an “Affidavit/Release”) in the form(s) provided by Sponsor. The Affidavit/Release must be returned to Sponsor by the date and/or time indicated within the Affidavit/Release. If the potential winner cannot be contacted within five (5) days of the first attempt to contact him/her, or if the potential winner fails to return the Affidavit/Release within the specified time, or if the potential winner is found to be ineligible, or if the potential winner does not comply with the Official Rules, or if the potential winner disclaims the prize, then the potential winner may be disqualified and an alternate winner selected by Sponsor in his/her place from among all eligible non-winning eligible schools in accordance with the above Contest winner identification process as if the disqualified potential winner had not been an eligible school in this Contest.

7. PRIZE. Subject to the terms and conditions of these Official Rules, one (1) prize will be awarded in this Contest. A prize consists of and is limited to a donation by Sponsor to the winning eligible school in the amount of $5,000, which donation is intended for use by the winner’s athletic department. The approximate retail value of the prize is $5,000. Prize must be accepted as awarded, and prizes are awarded “AS IS” with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No substitution, assignment or transfer of a prize is permitted, except by Sponsor, who reserves the right to substitute a prize with another prize of greater or equal value. Winner is solely responsible for any and all costs, fees, taxes and expenses associated with prize award, receipt and use, including, without limitation, all federal, state and local taxes on the prize. No Contest participant is entitled to any tax deduction with respect to the prize, and any eligible tax deduction is reserved solely by Sponsor.

8. PUBLICITY. By accepting a prize, winner grants, (and agrees to confirm such grant in writing promptly upon request) to Sponsor and those acting under Sponsors’ authority the right in perpetuity to the use of winner’s name, photograph, statements and biographical information for advertising, trade, publicity and promotional purposes, at any time or times, in any media now known or hereafter discovered, worldwide, including but not limited to the World Wide Web, without review, notification or approval, and without additional compensation, unless prohibited by law.

9. GENERAL CONDITIONS. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Contest if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest. In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award the prize in accordance with the Contest criteria set forth in Section 6 above from among eligible, non-suspect participants and Points recorded up to the time of suspected impairment. Accumulation of Points does not entitle any participant or eligible school to any vested rights with respect to Points or any Contest benefits. Sponsor reserves the right in its sole discretion to disqualify any individual or school it finds to be tampering with the participation process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person or school to deliberately damage any website or undermine the legitimate operation of the Contest is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person or school 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 or any other provision of these Official Rules.

10. RELEASE. By participating, each participant, and by accepting a prize, winner agrees that Sponsor and its parents, subsidiaries, divisions and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents (individually and collectively “Releasees”) will have no liability whatsoever for, and shall be indemnified and held harmless by participant and winner, against any liability for any injuries, losses or damages (whether due to negligence or otherwise) of any kind to person(s), including death, or property, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize, or participation in this Contest or in any Contest-related activities.

11. LIMITATIONS OF LIABILITY. The Releasees are not responsible for lost, late, incomplete, stolen, misdirected, postage due, or illegible mail, email; human or other error that may occur in the receipt or processing of mail, prize delivery or email (whether to or from them); or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/website/use net accessibility, availability, or traffic congestion, or any technical error, or unauthorized human intervention, or the incorrect or inaccurate capture of any information, or the failure to capture, or loss of, any information (including, without limitation, incorrect or inaccurate posting or transcription of participation information or activities); or printing, typographical, electronic or human errors which may occur in the offer or administration of the Contest or in participation in the Contest. The Releasees are not responsible for any incorrect or inaccurate information, whether caused by Web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Contest and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Contest Website. The Releasees are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Contest or downloading or printing materials from or use of any website related to the Contest.

12. DISPUTES. Participant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prize awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in Indianapolis, Indiana; participant submits to sole and exclusive personal jurisdiction to said courts in the State of Indiana for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with participating in the Contest 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant or Sponsor in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of Indiana, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Indiana the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Indiana.

13. DATA COLLECTION; TERMS OF USE. Sponsor collects personal information from participants when they participate in the Contest. The information collected is subject to the Privacy Policy of Sponsor located at http://www.redgold.com/red_gold_company/policy.asp. The Contest Website is subject to the terms of use located at http://www.redgold.com/red_gold_company/terms.asp. To read the Terms of Use click on the link.

14. OFFICIAL RULES. These Official Rules are available at www.redgold.com/chicago at the Contest section of the website, or by sending a self-addressed postage-stamped envelope to “Red Gold Feed Your School Spirit Contest/Chicago – Rules Request”, c/o Clarity Coverdale Fury, One Financial Plaza, 120 South Sixth Street, Suite 1300, Minneapolis, MN 55402.

15. WINNER’S LIST. To request a list of winners, send a self-addressed postage-stamped envelope to “Red Gold Feed Your School Spirit Contest/Chicago – Winner’s List Request”, c/o Clarity Coverdale Fury, One Financial Plaza, 120 South Sixth Street, Suite 1300, Minneapolis, MN 55402. Requests must be received by March 29, 2010.

16. SPONSOR/ADMINISTRATOR. The sponsor of the Contest and the address at which the Sponsor may be contacted is Red Gold, Inc., 120 East Oak Street, Orestes, IN 46063. The administrator of this Contest is Clarity Coverdale Fury, One Financial Plaza, 120 South Sixth Street, Suite 1300, Minneapolis, MN 55402.