OFFICIAL CONTEST RULES Cabineering Cook-Off! Presented by Pepsi

Transcription

1 OFFICIAL CONTEST RULES Cabineering Cook-Off! Presented by Pepsi NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR CLAIM PRIZE. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF U.S., 18 YEARS OF AGE AND OLDER AS OF JUNE 25, VOID IN PUERTO RICO, AND ALL OTHER U.S. TERRITORIES, U.S. MILITARY INSTALLATIONS IN FOREIGN COUNTRIES AND POSSESSIONS AND WHEREVER PROHIBITED BY LAW. 1. Contest Period: The CabineeringSM Cook-Off Presented by Pepsi (the Contest ) begins at 12:01 a.m. Eastern Standard Time ( EST ) on June 25, 2013 and ends at 11:59 p.m. EST on July 1, 2013 ( Contest Period ). 2. How To Enter: During the Contest Period, visit click on the CabineeringSM Cook-Off Presented by Pepsi tab, read these Official Contest Rules, and follow the on-screen instructions to fully complete and submit an original recipe (the Recipe ). Entrant must be a Facebook member in order to enter the Contest. There is no cost to becoming a Facebook member. A valid address will be required. The Recipe must (1) use either Pepsi or Diet Pepsi, (2) take no more than 30 minutes to prepare, (3) feed 12 people, and (4) require one or more of the following appliances only: a glass-top, 2-burner electric cook top, a 4-slice toaster, a 12-cup coffee maker and a 1650 watt microwave oven. The Recipe need not use all of the appliances listed above, but it must not use any other appliances. Recipes may not include alcohol as an ingredient. Recipes must include U.S. measurements and complete directions, with all required ingredients, preparation, cooking and/or baking times and temperatures, timing, and other relevant information. All ingredients used must be readily available. Recipes may include other products in addition to the Pepsi or Diet Pepsi, but those other products used in the Recipe should be mentioned generically. In addition to submission of the Recipe, each entrant will be required to provide: (a) their first and last name, (b) phone number, (c) address, (d) city and state of residence, (e) birth date, and (f) a digital photo of the prepared Recipe as prepared by the entrant (together with the Recipe, the Entry ). The digital photo of the prepared Recipe should be no larger than five (5) MB, and must be taken with a 72 dpi (or better) digital camera. Photos must be uploaded in one (1) of the following formats:.jpeg, or.png. Photo must not include any persons and should only display the prepared Recipe. Entries must comply with the following and by entering the Contest each entrant represents, warrants, and agrees that: (a) the Recipe is created by the entrant alone; it is not copied from any other material; entrant owns all right, title and interest in and to the Recipe to enable entrant to grant the rights granted herein; and the Recipe does not infringe upon the rights of any third party; (b) entrant is entering the Contest for himself or herself alone and not as part of a group (i.e., two or more) of entrants; and (c) the Recipe has not been previously published or submitted in any other contest or competitions and/or to any media, including, without limitation, any books or magazines. Entrants are automatically enrolled in Sponsor s list to receive future promotions and offerings, unless the entrant opts out of the list by checking the appropriate box at the time of Entry. Entries must not contain or depict any defamatory, obscene, sexually-explicit, abusive, harassing, hateful, discriminatory, threatening, or vulgar material and must be otherwise fit for publication/posting/uploading, as determined by Sponsor in its sole discretion. Entries must not contain any material that infringes upon any personal, proprietary, or any other right of any third party. Entries must not contain any references to tobacco, drug paraphernalia, or any description or representation thereof. Automated means of entry and Entries by means which subvert the entry process are prohibited and all such entries shall be void. Limit one (1) Entry per person, household or account. Normal Internet access, phone charges and usage charges imposed by entrant s online/phone service providers will apply. Entries will be declared to be made by the authorized account holder of the address submitted at the time of entry.

2 "Authorized account holder" is defined as the natural person who is assigned to an address by an Internet Access provider, Online Service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning addresses for the domain associated with the submitted address. Personal Information collected in connection with this Contest will be used in accordance with the privacy policy found on the Website and the permission granted by entrants at the time of entry. Entries and other submitted material become the property of Sponsor and will not be acknowledged or returned. By submitting an Entry, the entrant grants Sponsor and its affiliated companies the unconditional, exclusive and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the Entry or part thereof (with or without using entrant s name) in any manner throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from the entrant or any other party. By way of example, but not by way of limitation, Sponsor may include the Recipe as a menu item at the Branch Restaurant and Bar at the Holiday Inn West Yellowstone or other location(s) chosen by Sponsor in its sole discretion and rename the Recipe/prepared dish with another name of its choosing. 3. Judging/Winner Selection: There will be two rounds of judging. First Round Between July 2, 2013 and July 3, 2013, a panel of judges appointed by Sponsor ( Judging Panel ) will review each eligible Entry. The Judging Panel will disqualify previously published recipes, such as but not limited to those in cookbooks, in magazines, from food companies, on food blogs or recipe websites and winners in cooking contests, unless the Recipe features changes considered significant by the Judging Panel in their sole and absolute discretion. The Judging Panel will then select three (3) finalists ( Finalist or Finalists ) from the total eligible Entries based on: (a) Originality; (b) Creativity; and (c) Visual Appeal of the finished Recipe based on review of the photograph submitted as part of the Entry. Each judging criterion will be weighed equally. On or about July 3, 2013, the Finalists will be contacted by representatives of Sponsor via the address and/or phone number provided on the Entry form and will be requested to submit a signed affidavit of eligibility, intellectual property assignment, and liability/publicity release and return them within 48 hours of attempted notification. Finalists will be required to certify, on information or belief, that their Recipes are their original creation and have not been published or publicized and have not won a cooking contest. Sponsor reserves the right in its sole discretion to select an alternate Finalist in the event the original Finalist cannot be reached after three (3) attempts via phone or or the original Finalist is unable to participate in the cook-off. Sponsor reserves the right to select fewer than three (3) Finalists if, in Sponsor s sole discretion, Sponsor determines that an insufficient number of eligible Entries are received. In the event of a tie on the First Round, only the score for originality will be considered to determine the Finalists. The decisions of the Judging Panel will be final. Second Round The Finalists will be invited to travel to The Explorers Cabins at Yellowstone in West Yellowstone, Montana to participate in a cook-off where they will prepare the Recipe themselves and submit it for judging between 10 a.m. Mountain Time and 11 a.m. Mountain Time on July 17, The Judging Panel will be comprised of representatives from each Sponsor and Pepsi Co., a media personality selected by Sponsor, and the Executive Chef from the Yellowstone Park Hotel. Sponsor may advise Finalists of additional policies and procedures relating to the cook-off and all Finalists agree to comply with such policies and procedures. Reasonable accommodations will be made for substantiated disabilities at the sole discretion of Sponsor. Sponsor will provide the ingredients, cooking equipment and the appliances listed Section 1 of these Official Contest Rules needed for preparing the Recipe at the cook-off. Finalists will not have access to a freezer at the cook-off. Sponsor reserves the right to substitute comparable products at its discretion. The Judging Panel will select one winner ( Winner ) of the cook-off based on: (a) taste; (b) visual appeal of the prepared Recipe; (c) presentation and use of Pepsi product in the Recipe; and (d) use of appliances. Each judging criterion will be weighed equally. In the event of a tie on the Second Round, only the score for taste will be considered to determine the Winner. Finalists may be required to make themselves available for promotional photo shoots during the Second Round.

3 4. Prize Details and Restrictions: Finalist Prize: Each Finalists will receive round-trip coach airfare for the Finalist and three (3) additional traveling companions from the major U.S. commercial airport closest to the Finalist s home and Jackson Hole, Wyoming; quad-occupancy three (3) night stay at The Explorers CabinsSM located in West Yellowstone, Montana for Finalist and his or her traveling companions; and an economy-class rental car for four (4) days. Hotel stay must be completed between July 16, 2013 and July 19, The approximate retail value ( ARV ) of each Finalist Prize is $9,500. The exact value will depend on the airline, market conditions, time, and point of origin of air travel to Jackson Hole, Wyoming. Other costs not specified, including but not limited to transportation to and from the originating airport, surcharges, taxes, tips and any other travel-related expenses, are the responsibility of the Finalists. Grand Prize: The Winner will receive round-trip coach airfare for winner and three (3) traveling companions from the major U.S. commercial airport closest to the Winner s home and Orlando, Florida and two-day general admission tickets to Kennedy Space Center Visitor Complex ( KSCVC ) located in Kennedy Space Center, Florida for Winner and his or her traveling companions. Trip to Kennedy Space Center must be completed by no later than July 17, 2014 and arrangements for the trip must be made no less than thirty (30) days prior to the desired travel dates. The ARV of the Grand Prize is $2,500. The exact value will depend on the airline, market conditions, time, and point of origin of air travel to Orlando, Florida. Other costs not specified, including but not limited to ground transportation, meals, lodging, surcharges, taxes, tips and any other travel-related expenses, are the responsibility of the Winner. If a Finalist or the Winner is unable to use the applicable prize during time period specified, such Finalist or Winner forfeits the prize in its entirety. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in these Official Contest Rules, and those set forth by the airline carrier chosen by Sponsor as detailed in the passenger ticket contract. Neither a Finalist nor the Winner will receive difference between actual cost of the prizes and the ARV. Travel companions of Finalists and Winner must be at least eighteen (18) years of age or older, unless accompanied by his/her parent or legal guardian, and must each sign a Liability and Publicity Release. If potential travel companions fail to return such documents within date and/or time indicated within such documents, then that portion of the prize will be deemed forfeited by Finalist or Winner, as applicable. The prizes are nontransferable and no substitutions are allowed except by Sponsor, who reserves the right to award a prize of equal or greater value if the advertised prizes are unavailable. No prizes can be sold, refunded, commissioned, bartered, exchanged, or redeemed for cash. Sponsor and its agencies assume no responsibility or liability for damages, losses or injury resulting from acceptance or use of any prize. Neither Sponsor nor its agencies are responsible for lost, stolen, late, misdirected, or delayed prizes. Blackout dates on admission to KSCVC may apply based upon availability. Finalists will be issued a 1099 tax form for the actual value of the Finalist Prize. The Winner s 1099 tax form will also include the actual value of the Grand Prize in addition to the actual value of the Finalist Prize. 5. Assignment of Rights: By entering this Contest, each entrant irrevocably assigns and transfers to Sponsor, its subsidiaries and affiliates all right, title and interest in and to the Recipe and the photo submitted as part of the Entry throughout the world, including, without limitation, all trademark rights and copyrights, and each entrant agrees to execute any additional documents Sponsor may deem necessary to evidence or effectuate such assignment. Sponsor s rights with respect to the Recipe and the photo include, but are not limited to: (a) the exclusive right to use, publish, display, distribute or reproduce the proposed Recipe and photo on menus, cook books, advertising for purposes of trade and any other lawful purpose; (b) the exclusive right to alter, revise or change the Recipe and photo in any way; (c) the exclusive right to secure trademark and copyright registrations and other rights in or relating to the Recipe and photo anywhere throughout the world; (d) right to use the Recipe as a menu item in Sponsor s operations; (e) the exclusive right to license, exploit, sell, assign or otherwise dispose of the Recipe and photo or any of the said rights included therein for any purpose which Sponsor may see fit; and (f) any and all subsidiary rights in the Recipe and photo. 6. Eligibility: This Contest is open only to legal residents of the U.S., who are 18 years of age or older as of June 17, Employees of Delaware North Companies Parks & Resorts, Inc., Pepsi Co., Attention Span Media, LLC, or any other entities involved in the administration of the Contest (collectively "Promotion Entities") or any of their respective parents subsidiaries, and affiliated companies, or any advertising, promotion judging or public relations company doing business with any of the Promotion Entities or their respective parents, subsidiaries and affiliates or their immediate family members and/or those living in the same household (whether related or not) are not eligible to submit an Entry or win the Contest. An Individual is not eligible to enter and will be disqualified if he or she is or ever has been a food professional, such as a chef, food writer, culinary specialist or education, or someone who creates recipes for pay, graduated from or is attending as of the date of entry a culinary school/program. The

4 Contest is void in Puerto Rico, and all other U.S. territories, U.S. military installations in foreign countries and possessions and where prohibited by law and subject to all federal, state, local, and municipal laws and regulations. The Contest will be governed by the internal laws of the State of New York, without regard to its conflicts of laws principles. 7. General Rules: All federal, state, local and municipal taxes and other governmental charges, if any, and all other costs and expenses associated with acceptance or use of the prizes or related to the prizes, not specified herein, are the sole responsibility of each Finalist and the Winner. The Finalists will be required to execute and return an affidavit of eligibility, intellectual property assignment, and liability/publicity release, where legal, within forty-eight (48) hours of notification attempt or the applicable prize will be forfeited and an alternate potential winner selected. If a Finalist or the Winner is a minor in his/her state of residence, the applicable prize will be awarded in the name of parent or legal guardian, who will be required to sign all documents, fulfill all required conditions as set forth in these Official Contest Rules, including accompanying minor to the cook-off location and, if applicable, KSCVC. Return of any notification as undeliverable for any reason, including but not limited to entrant providing an incomplete or invalid e- mail address, spam or other filtering software present on entrant s computer, will result in disqualification and the selection of an alternate potential winner. Acceptance of a prize constitutes permission to use the Finalist s name, photographs, biographical information, voice, statements, photographs, or likeness for publicity or promotional purposes without further compensation and without the right to receive notice, review, or approval by any Finalist and his/her parent or legal guardians, except where prohibited by law. By entering this Contest, each entrant agrees to defend, indemnify and hold harmless the Promotion Entities and their respective parent, subsidiaries, affiliates and/or related companies and each of their officers, directors, shareholders, employees, agents, and representatives from any and all damages, injuries, claims, causes of action, or losses of any kind (including but not limited to reasonable attorney s fees) arising out of or relating to entrant s participation in the Contest; entrant s receipt or use of any prize if selected as a Finalist or the Winner; entrant s violation of any term of these Official Contest Rules; entrant s violation of any third-party right, including without limitation any copyright, trademark right, property, or privacy right; or any claim that the Recipe or the Entry caused any type of damage to a third party. By entering the Contest, entrant accepts and agrees to be bound by these Official Contest Rules and the decisions of Sponsor and the Judging Panel. Sponsor reserves the right to reject and disqualify any submissions that could be offensive or inappropriate or that do not meet the terms and conditions of these Official Contest Rules. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Contest or website; violates the Official Contest Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsor is not responsible for any damage to entrant's computer in connection with accessing or downloading any information from Sponsor's website. Sponsor expressly reserves the right to accept or reject any Entry. 8. Internet: Entries are deemed to be received at the time of receipt by Sponsor, not at the time of transmission by the entrant. Sponsor and its agencies are not responsible for lost, late, incomplete, misdirected or illegible entries nor for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor or presenter on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. If for any reason this Contest is not capable of running as planned, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest and determine the winners using the judging criteria herein for all eligible entries received up to the point of the action taken by Sponsor provided that a sufficient number of eligible entries have been received. Caution: Any attempt by an individual 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 reserve the right to seek damages from any such individual to the fullest extent of the law. 9. Force Majeure: The failure of Sponsor to comply with any provision of these Official Contest Rules due to an act of God, hurricane, war, terror, fire, riot, earthquake, act of public enemies, actions of governmental authorities outside of the control of Sponsor or other force majeure event will not be considered a breach of these Official Contest Rules.

5 10. Winners List: For the names of the Finalists and Winner, available after July 19, 2013, visit or send a self-addressed, stamped envelope to CabineeringSM Cook-off! Contest at Delaware North Companies Parks & Resorts, Inc., 40 Fountain Plaza, Buffalo, NY Sponsor: Sponsor of this Contest is Delaware North Companies Parks & Resorts, Inc., 40 Fountain Plaza, Buffalo, New York Facebook Disclaimer and Release: This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc. Entrants understand that they are providing their information to Sponsor and not to Facebook, Inc. Any questions, comments or complaints must be directed to Sponsor, and not to Facebook, Inc. By participating in the Contest, each entrant releases and agrees to indemnify Facebook, Inc. and hold it harmless from and against any and all costs, claims, damages, (including, without limitation, any special, incidental or consequential damages), or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to participation in the Contest, or arising out of participation in any Contest-related or prize-related activity, or the receipt, enjoyment, participation in, use or misuse, of any Contest or prize-related activity, whether hosted by Sponsor or a third party. 13. Trademarks/Copyright: The Contest and all accompanying materials are Copyright 2013 by Sponsor. PEPSI, DIET PEPSI and the Pepsi Globe are trademarks of PepsiCo, Inc. All other trademarks, logos, images and brands are registered and unregistered trademarks of Sponsor, its subsidiaries and affiliates or their respective owners. All rights reserved.