PLEASE READ CAREFULLY. The following Terms and Conditions govern the Schwan’s Home Service, Inc. FREE FOOD Program (the “Program”).

1. Program Overview
   1. This Program is sponsored in its entirety by Schwan’s Home Service, Inc. (hereinafter referred to as “we”, “our”, or “us”).
   2. Through this Program, qualified participants can receive a $10 or less food product for free simply by logging on to www.schwans.com/free and ordering. “You” or “your” means the individual agreeing to be obligated in accordance with these Terms and Conditions.
2. General Participation Details and Information
   1. This Program and its benefits are offered at the sole discretion of Schwan’s Home Service, Inc.
   2. Participation in this Program is subject to the Terms and Conditions, rules, regulations, policies and procedures (“Program Rules”) that Schwan’s Home Service may, in its sole discretion, adopt from time to time.
   3. Schwan’s Home Service has the sole discretion to interpret and apply the Program Rules.
   4. Schwan’s Home Service has the right, without limitation, to change, limit, modify, amend or cancel the Program, Program Rules, participation requirements, etc. at any time, with or without notice. This may include, among other things:
   1. Increase or decrease the number of eligible participants;
   2. Modify the methods by which an eligible participant may order product;
   3. Increase or decrease purchase requirements; or
   4. Increase or decrease the duration of the Program.
   5. Schwan’s Home Service is the final authority for participation. We reserve the right to restrict, suspend, and/or correct errors or omissions. We reserve the right to approve, deny or revoke participation eligibility in the Program to any individual for any reason whatsoever.
   6. Schwan’s Home Service has the right, in its sole discretion, to end the Program at any time.
   7. You are responsible for remaining knowledgeable as to any changes Schwan’s Home Service may make to the Program, Program Rules, or to these Terms and Conditions. The most current version of these Terms and Conditions will be available at www.schwans.com/free and will supersede all previous versions of these Terms and Conditions.
3. Conditions For Participation Eligibility
   1. Employees (and their household members) of Schwan’s Home Service, its related subsidiaries, parent, and affiliates are ineligible to participate in the Program.
   2. Only individuals 18 years of age or older are eligible to participate in the Program and each individual may utilize the Program only once.
   3. No groups, associations, group stops, distributors or corporations may participate in the Program. It is fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single account for the purpose of participating in this Program.
   4. Limited to one offer per residence/household and may not be combined with any other offer or promotion.
   5. In order to be an eligible participant in the Program, you must be a new residential/household customer (i.e. have not purchased any products from Schwan’s Home Service, Inc. within the past 14 weeks) who are located in an existing route of Schwan’s Home Service, Inc.
   6. There is no fee for participating in the Program.
   7. We reserve the right to terminate your participation in the Program based on violations of Program Rules, Terms and Conditions, fraud or appearance of fraud, or violation of any federal, state, or local law or regulation in connection with the Program privileges.
4. Duration of the Program
   1. This Program runs from 12:01 a.m. Eastern Standard Time on August 1, 2009 through 11:59 p.m. Eastern Standard Time on October 31, 2009.
5. General Terms and Conditions
   1. This Program is void where prohibited by law and may be subject to local and/or state sales taxes.
   2. Schwan’s Home Service, Inc., its related subsidiaries, parent or affiliates are not responsible for delayed or lost communications sent by any form or delivery including but not limited to mail, email, web or phone.
   3. An administrative service for the Program is provided on our behalf by contracted technology partners. These are independent contractors and are not affiliated with us. None of the independent contractor partners shall be liable for any bodily harm and/or property damage and/or lost opportunity, which may result from participating in the Program or for the provision of goods or services by merchants or providers.
   4. The rights and obligations of Schwan’s Home Service under this Program may be transferred or assigned by us to any other related or unrelated entity at any time, and performance thereafter shall be the responsibility of that entity.
   5. Schwan’s Home Services, its subsidiaries, affiliates, vendors and service providers make no claims, warranties, guarantees or representations of any kind expressed or implied and shall not be liable for any loss, expense (including without limitation, attorneys fees or inconvenience) that may occur in the participation of this Program.
6. Limitation of Liability and Dispute Resolution
   1. We are not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by you, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction. In the event of a printing error or irregular packaging, we and our respective related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies (hereinafter collectively referred to as “Releasees”) involved in the development and execution of the Program or the production or distribution of Program materials shall have no liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL PROGRAM DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY PARTICIPATING IN THE PROGRAM, YOU WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN AMY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
   2. Schwan’s Home Service, its joint ventures, officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, and service providers, are not responsible for any products or services offered by any current, future or past partners. TO THE FULLEST EXTENT ALLOWABLE BY LAW, SCHWAN’S HOME SERVICE AND ALL PROMOTION AGENCIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED BY ANY PARTNER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long any implied warranty lasts, so the foregoing limitation may not apply to you. You agree to rely solely on the manufacturer’s warranties, if any, for any products redeemed through this Program.
   3. Any and all disputes, claims, and causes of action arising out of or connected with this Program shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the International Arbitration Rules of the American Arbitration Association. Arbitration will take place in Marshall, Minnesota.
   4. Any and all claims and judgments shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event shall attorney’s fees be recoverable from us.
   5. Under no circumstances will you be permitted to seek recovery for, and you hereby waive all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and you waive any and all rights to have damages multiplied or otherwise increased.
   6. All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations in connection with this Program, shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Minnesota or any other jurisdiction) other than the State of Minnesota.
   7. These Terms and Conditions constitute the entire agreement between all Program participants and Schwan’s Home Service pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings and negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof the Program (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
   8. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
7. Additional Information
   1. You may refer to the online information, Terms and Conditions, or for additional information you may call 1-888-SCHWANS (724-9267).

©2009 Schwan’s Home Service, Inc. All Rights Reserved.