“Chow.com Best Tomato Recipe” Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. CONTEST OPEN TO LEGAL RESIDENTS OF ONE OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA, AT LEAST 18 YEARS OR OLDER OR AGE OF MAJORITY IN STATE OF RESIDENCE ON DATE OF ENTRY. VOID WHERE PROHIBITED BY LAW.
Administrator, Sponsor & Prize Provider: CBS Interactive Inc., 2200 W. Cypress Creek Road, Fort Lauderdale, FL 33309 and Chow.com, a Division of CBS Interactive Inc.
Contest Entities: CBS Interactive Inc., General Mills Marketing, 1 General Mills Blvd, Minneapolis, MN 55426 (“GMI”).
1. Acceptance of Official Rules. By entering The Chow.com Best Tomato Recipe Contest (the “Contest”) operated on the chow.com web site accessible at the domain “chow.com” (the “chow.com Service”), you (“you” or the “Participant”) hereby accept and agree to these official rules (the “Official Rules”) of this Contest, and the decisions of the Administrator in connection with this Contest, whose decisions are final.
2. Eligibility. This Contest is offered and open to persons who are: (a) legal residents of one (1) of the Fifty (50) United States or District of Columbia and (b) who are at least 18 years of age or older or age of majority in their state of residence at the date of entry into this Contest. Employees, independent contractors and directors, and their immediate family members, of the Contest Entities and their parents, affiliated and subsidiary companies, advertising and promotion agencies and legal and financial advisors are not eligible to participate in this Contest. For purpose of the foregoing, “immediate family” mean parents, spouses, children, siblings or any members of the same households of such employees and directors. This Contest is void in Puerto Rico, all US territories and possessions, and where prohibited by law.
3. Contest Entry Period. The Contest entry period (the “Entry Period”) begins on March 11, 2009 at 12:00:00 PM PT and ends at 11:59:59 AM ET on April 21, 2009.
4. To Participate. Go to the chow.com Service and submit an original wintertime tomato recipe (the "Recipe Entry(ies)”), of no more than 500 words in length. The Recipe Entry must be an original creation of the Participant, must use at least 1 whole can of GMI’s Muir Glen brand organic canned tomato products (“Product”), and must list all recipe ingredients with specific flavors and exact measurements, complete preparation directions including baking/cooking time and temperature, and cooking equipment with specific size and/or dimensions. The Recipe Entry must be in keeping with Sponsor’s image and may not be offensive, as determined by judges in their sole discretion, nor can it defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights or copyrights. The Recipe Entry must be in English and must be an original creation of the Participant. Recipe Entries submitted must be suitable for presentation in a public forum, in the sole determination of Contest Entities. Contest Entities reserve the right to reproduce the Recipe Entries in full or edit and enhance the recipe at their discretion. Recipe Entries will not be returned to Participants. Administrator will not be responsible for lost, stolen or misplaced entries.
Participants, by sending your Recipe Entry, you give the Contest Entities a perpetual, irrevocable, sublicensable, unconditional, transferable, world wide, royalty free license to reproduce, encode, store, modify, edit, copy, transmit, post, broadcast, display, publish, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or the number of times used) the Recipe Entry on the chow.com Service, GeneralMills.com, MuirGlen.com and/or any media, format or medium for any purpose, without limitation, and without additional review, compensation to, or approval from the Participant, except as prohibited by law. Contest Entities are authorized to use the Recipe Entries as they see fit, including but not limited to, usage in advertising, promotions and point-of-sale materials for General Mills and Muir Glen products.
5. Judging. A panel of judges comprised of employees of CBS Interactive Inc. and GMI (the “Judges”) will act as a judging organization, whose decision will be final and binding in all respects and on all matters relating to this Contest. The Judges will select five (5) prize winners (the “Prize Winners”) from among the Recipe Entries by evaluating the submitted recipes using the following criteria: taste (50%), creativity (20%), ease of preparation (15%) and appropriateness to contest theme and good use of Product (15%). In the event an exact duplicate Recipe Entry is submitted, only the first such Recipe Entry received will be considered.
6. How to Enter. To enter this Contest, go to www.chow.com/contests/muirglen during the Entry Period and follow the instructions to complete the Contest entry form, including, without limitation, submitting your name, address, e-mail address, date of birth, phone number, your favorite original Recipe Entry and hitting submit to be entered into this Contest. Limit one Recipe Entry per person.
7. Prizes. The five (5) Prize Winners will receive a California-inspired gourmet Chef’s bouquet Basket that includes gourmet foods and treats, as well as Muir Glen organic products, each as a prize (“Prize(s)”).
The approximate retail value (“ARV”) of each Prize is Three Hundred Dollars ($300.00). Total ARV of all prizes to be awarded is One Thousand Five Hundred Dollars ($1,500.00).
8. Prize Restrictions. All other expenses relating to acceptance of a Prize not explicitly stated herein, including but not limited to, taxes, are the responsibility of each Prize Winner. The Prizes are nontransferable. All income and other taxes are the sole responsibility of each Prize Winner. No assignment, transfer, conversion to cash or cash redemption or substitution of the Prize(s) is permitted, except that Sponsor reserves the right to substitute a Prize with a prize of comparable or greater value should a Prize become unavailable. Prizes are solely for Prize Winner’s use and may not be used in conjunction with any other promotion. All other costs and expenses not specified herein, if any, are the sole responsibility of each Prize Winner(s). All prize details are at the sole discretion of the Contest Entities.
9. Prize Taxes. All federal, state, local and other tax liabilities arising from this Contest, including, without limitation, winning a Prize, will be the sole responsibility of each Prize Winner(s).
10. Winner Notification. Judging of the Finalists’ Recipe Entries will commence on or about April 24, 2009. Within 30 days of the date of the Judges’ decision, Prize Winners will be notified that their Recipe Entry was selected. In the event that there are, in the opinion of the Administrator, insufficient legitimate entries to judge, Administrator reserves the right to select Prize Winners from among all entries received utilizing the clear communication and potential for taste judging component. A potential Prize Winner will be notified by email and/or by phone. If a potential Prize Winner cannot be reached after a reasonable effort has been made during (5) business days from the first notification attempt, such person may be disqualified at the discretion of the Administrator, with an alternate Prize Winner selected in accordance with these Official Rules.
11. Affidavit of Eligibility/Liability Release and Publicity Release. In order to receive a Prize, a potential Prize Winner will be required to complete, execute and return an Affidavit of Eligibility/Liability Release, and where lawful, a Publicity Release (collectively, the “Release Forms”) within five (5) days of notification of winning. Failure to properly execute and return Release Forms in a timely manner, or if a Prize notification or a Prize is returned as non-deliverable, or if a Prize Winner is found not to be eligible or not in compliance with these Official Rules, may result in disqualification with an alternate Prize Winner selected in accordance with these Official Rules.
12. Publicity Release Terms. Except where prohibited by law, a Prize Winner’s acceptance of a Prize constitutes permission for the Contest Entities to use a Prize Winner’s name, the winning recipe, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation in connection with the Contest and identifying a Prize Winner.
13. Improper Conduct. Administrator, in its sole discretion, may disqualify any Participant from participation in or use of any or all portions of this Contest, and refuse to award a Prize, if Participant engages in any conduct Administrator deems to be improper, unfair or otherwise adverse to the operation of the Contest or detrimental to other Participants of the Contest. Such improper conduct includes, without limitation, falsifying personal information required during Participant registration or Prize claim, plagiarizing and/or copying a published recipe, violating any term or condition stated herein, accumulating entries through methods such as automated computer scripts or any other programming techniques, allowing others to use Participant’s personal information for the purpose of accumulating entries, or intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs in connection with this Contest. Participants agree that Administrator may void any part of a Prize that Participant may have won and/or require the return of any part of a Prize that Participant may have won as a result of such improper conduct. Participant further acknowledges that any forfeiture of a Prize and/or return of the any part of a Prize shall in no way prevent Contest Entities from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, EACH OF THE CONTEST ENTITIES RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
14. Integrity of Contest. If, for any reason, the Contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Administrator, in its sole opinion, believes could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Administrator reserves the right at its sole discretion to cancel, terminate, modify or suspend this Contest and select the Prize Winner(s) from entries received prior to the action taken or in such other manner as Administrator may deem fair and appropriate.
15. Lost or Corrupted Entries. The Contest Entities, and their parents, affiliated and subsidiary companies and advertising, marketing and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage due entries or mail, if applicable; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Contest Entities, and their parents, affiliated and subsidiary companies, advertising, marketing and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Contest, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Contest.
16. Damaged Property. Contest Entities, and their parents, affiliated and subsidiary companies and advertising, marketing and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any Participants or to any other person’s computer or property related to or resulting from participating in this Contest or downloading materials from this Contest.
17. Contest Errors. The Contest Entities, and their parents, affiliated and subsidiary companies and advertising, marketing and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Contest; (b) in any related advertising, marketing or promotions of this Contest; and/or © in these Official Rules. In the event of any ambiguity(s) or error(s) in these Official Rules, Administrator reserves the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Contest.
18. Prizes and Prize Winners. The Contest Entities, and their parents, affiliated and subsidiary companies, dealers and advertising, marketing and promotion agencies, assume no liability and are not responsible for, and you/Participant hereby forever waive/s any rights to any claim in connection with, the selection and announcement of a Prize Winner, the distribution of a Prize, the acceptance/possession and/or use/misuse of any part of a Prize and/or any injury or damage to any Participant’s or third party’s person (including death) or property related to or resulting from any part of a Prize or any part of this Contest.
19. Release and Indemnity. Each Participant in this Contest, including, without limitation, the Prize Winners, hereby releases and agrees to hold harmless the Contest Entities and their parents, affiliates, subsidiaries, dealers, advertising, marketing and promotion agencies and their respective directors, officers, employees, representatives, agents and assigns from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a Prize, the Recipe Entry submitted to participate in this Contest and participation in any activity related to this Contest.
20. Limitation of Liability. IN NO EVENT WILL THE CONTEST ENTITIES, THEIR PARENTS, AFFILIATES, SUBSIDIARIES, DEALERS AND RELATED COMPANIES, THEIR ADVERTISING, MARKETING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS AND ASSIGNS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THE CONTEST, INCLUDING WITHOUT LIMITATION YOUR ACCESS TO AND USE OF THE CONTEST OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE CONTEST. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
21. Disclaimer of Warranties. THE CONTEST & PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
22. Identity Disputes. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared made by the Authorized Account Holder (as defined below) of the email address submitted at time of entry. For purposes of these Official Rules, “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
23. Binding Arbitration. Participants waive all rights to trial in any action or proceeding instituted in connection with these Official Rules and/or this Contest. Any controversy or claim arising out of or relating to these Official Rules and/or this Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California, in the City of San Francisco, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
24. Governing Law and Jurisdiction. This promotion is governed by U.S. law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Participant and Administrator in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 23 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, in the City of San Francisco.
25. Winner List/Official Rules. For the name of the Prize Winners send a self-addressed stamped envelope for receipt by May 31, 2009 to Chow.com Best Tomato Recipe Contest c/o Chow.com a Division of CBS Interactive, Inc. 235 Second Street, San Francisco, California 94105. For Official Rules send a self-addressed stamped envelope to the above address marked "Official Rules: Chow.com Best Tomato Recipe Contest Rules for receipt by April 21, 2009. Residents from VT may omit postage on the self-address envelope. The names of the Prize Winners may, and Official Rules will, be posted on the chow.com Service.