FabFitFun and Sargento Foods Inc. Recipe Contest
OFFICIAL RULES
The FabFitFun and Sargento Foods Inc. Recipe Contest (the “Contest”) begins January 14, 2013 at 12:01 AM EST and ends January 28, 2013 at 11:59 PM EST (“Contest Period”).
ELIGIBILITY: To enter the Contest, you: (a) must be a citizen of the United States or a lawful permanent resident of the United States; (b) must be 18 years of age or older at the time of entering the Contest and (c) must not be considered a minor in your state of residence. Contest is void in Maryland, Colorado, Vermont, Puerto Rico, U.S. territories and possessions, and where otherwise restricted or prohibited by law. The Contest is intended for viewing and participation in the United States only and shall be construed and evaluated only according to United States law. Do not proceed if you are not located in the United States at time of entry (or located in any of the ineligible states or territories identified above). Employees of Opera New Media LLC d/b/a FabFitFun (“Sponsor”), Sargento Foods Inc. (“Sargento”), GolinHarris International, Inc. (“GolinHarris”), and their respective parents, subsidiaries, affiliates, promotion and advertising agencies, and members of their immediate families (spouses and parents, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. The Contest is subject to all applicable federal, state and local laws. The Contest is in no way sponsored, endorsed or administered by, or associated with Facebook. By entering, each entrant acknowledges and agrees that such entrant is providing such entrant’s information to Sponsor and Sargento and not Facebook. Except as otherwise provided in these Official Rules, the information each entrant provides will only be used for Contest administration.
HOW TO ENTER: During the Contest Period, visit the FabFitFun Facebook page at www.facebook.com/fabfitfun and click the Contest tab. Then, follow the directions provided to complete an official entry form and submit a recipe (following the guidelines below) that includes Sargento cheese into one (1) of the following three (3) recipe categories (each, a “Recipe Category”); (i) Fab Sandwiches, (ii) Fit Snacks, or (iii) Fun Dishes (each, an “Entry” and collectively “Entries”). Limit of one (1) Entry per person using only one (1) Facebook account per Recipe Category throughout the Contest Period. Entries received from any person or Facebook account in excess of the stated limitation will be void. Entries with incomplete or erroneous information, Entries generated by script, macro or other automated or mechanical means and Entries made by any means which may subvert the Entry process are void. All Entries become the property of Sponsor and will not be returned.
ENTRY REQUIREMENTS: Each recipe must contain:
• the name of your recipe;
• a minimum of one (1) ounce of a Sargento Reduced Fat or Reduced Sodium cheese described below per serving;
• the ingredients in exact U.S. measurements;
• required utensils and preparation timing;
• any/all special instructions; and
• approximate number of servings (recipes should be between four (4) to (six) 6 servings each).
Each recipe must use one of the following Sargento Reduced Fat Varieties:
• Sliced Cheese: Colby-Jack, Medium Cheddar, Pepper Jack, Provolone, or Swiss;
• Snacks: String, Colby-Jack Sticks, or Sharp Cheddar Sticks;
• Shredded Cheese: Mild Cheddar, 4 Cheese Mexican, Mozzarella, 4 Cheese Italian, Sharp Cheddar, Colby-Jack, or Cheddar-Jack.
Entry may not contain, as determined by Sponsor, in its sole discretion, any content that:
• is sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, or profane or obscene or contains nudity;
• promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
• promotes any activities that may appear unsafe or dangerous;
• promotes any particular political agenda or message;
• is obscene or offensive, or endorses any form of hate or hate group;
• defames, misrepresents or contains disparaging remarks about other people or companies;
• contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) or other intellectual property owned by others, without proper permission, or contains any personal identification, such as license plate numbers, street addresses, personal names or e-mail addresses;
• contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without proper permission;
• contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities or other public or private figures, living or dead, without proper permission;
• communicates messages or images inconsistent with the positive images or good will of Sponsor or Sargento;
• duplicates any other Entry in violation of these Official Rules or
• violates any law.
By participating, each entrant covenants, warrants and represents that such entrant’s Entry and, with respect to the winners, the winning Entries are the original work of the entrant, has not been previously published, has not won previous awards, and does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned by the entrant, or which are subject to the rights of third parties, the entrant shall obtain and shall be solely responsible for obtaining, prior to submission of the Entry, any and all written releases and consents necessary to permit the use, exploitation and exhibition of the Entry by or any other action of Sponsor or Sargento in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who is identifiable in the Entry. For any submission or submission materials submitted with an entry that contains a person under the age of eighteen, Entrant shall obtain written consent from that minor’s parent or guardian prior to submission of the Entry (unless Entrant is the parent or guardian of such minor appearing in a submission or submission materials). Sponsor reserves the right to request proof of these releases and consents in a form acceptable to Sponsor from any entrant at any time. Obtaining such releases and consents is a condition to an entrant being confirmed as a winner. Failure to provide such requested proof may, in Sponsor’s sole discretion, render the Entry null and void. By submitting an Entry, entrant covenants, warrants and represents that entrant and any persons appearing or who are identifiable in the Entry consent to the submission and use of the Entry in the Contest and to its use, exploitation and exhibition and any other action of Sponsor or Sargento with respect to the Entry as set forth herein.
By submitting an Entry, each entrant hereby grants permission, and covenants, represents and warrants that such entrant has all releases and consents necessary to grant such permission, for the Entry to be posted on www.facebook.com/fabfitfun or other websites of the Sponsor or Sargento. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Entries by third parties. Released Parties do not guarantee the posting of any Entry and may remove a posted Entry at any time.
By submitting an Entry, each entrant acknowledges and agrees that (a) Sponsor and Sargento may obtain many Entries in connection with the Contest or other contests staged or promoted by Sponsor and Sargento, (b) such Entries may be similar or identical in theme, idea, format or other respects to other Entries submitted in connection with the Contest or entries for other contests sponsored by Sponsor or Sargento or submitted for other reasons or other materials developed by or on behalf of Sponsor or Sargento and (c) entrant waives any and all claims entrant may have had, may have, or may have in the future that any Entry or other works accepted, reviewed or used by Sponsor or Sargento may be similar to entrant’s Entry, or that any compensation is due to entrant in connection with such Entry or other works used by Sponsor or Sargento.
JUDGING: All Entries will be judged by a panel of judges based on the following criteria: creativity and originality of recipe (40%), ease of recipe preparation (40%) inclusion of Sargento Cheese in recipe that reflects adherence to healthy lifestyle theme (20%). The one (1) Entry with the highest score throughout all Recipe Categories will be deemed the potential Grand Prize winner. The one (1) Entry with the next highest score in such Recipe Category and the two (2) Entries with the highest scores in the other two (2) Recipe Categories will each be deemed a potential First Prize winner. In the event of a tie, an additional, “tie-breaking” judge will determine the winner(s) based on the criteria listed herein. Odds of winning are based on the total number of eligible entries received, the judges and the Sponsor’s interpretation of the above judging criteria. Sponsor reserves the right not to award all prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries. Prize award is subject to verification of eligibility and compliance with these Official Rules.
WINNER NOTIFICATION: The potential winners will be notified by telephone, mail or email and the potential winners may be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law) and any other documents required by Sponsor, which must be returned within ten (10) days of date appearing on the winner notification. Return of notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of Sponsor to contact a potential winner within ten (10) days of winner notification or noncompliance with these Official Rules by a potential winner will result in disqualification and, at Sponsor’s sole discretion, a runner-up may be selected for the applicable prize. If a potential winner is at least 18 but still considered a minor in his/her state of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winner set forth herein.
GRAND PRIZE (1): A $500 Lululemon gift card, and a one (1) year supply of Sargento Cheese, awarded in the form of fifty two (52) coupons, each good for one (1) Sargento Cheese product (up to a $5.16 value) Approximate Retail Value (“ARV”) $768.32.
FIRST PRIZES (3) (One (1) per Recipe Category): A one (1) year supply of Sargento Cheese, awarded in the form of fifty two (52) coupons, each good for one (1) Sargento Cheese product (up to a $5.16 value) ARV of each one (1) year supply is $268.32.
PRIZE CONDITIONS: No cash substitutions for coupons will be permitted and coupons are non-refundable and non-transferable except at sole discretion of Sponsor. Coupons must be surrendered at time of redemption. Coupons are subject to certain terms and conditions specified by Sponsor or Sargento. Coupons expire on dates specified on coupon. Coupons may not be used in conjunction with any other offer or discount, are valid only in the U.S.A. and are void where prohibited. Winners may not substitute, assign or transfer prize, but Sponsor reserves the right, at its sole discretion, to substitute a prize with one of comparable or greater value. Winners are solely responsible for all applicable federal, state, and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. Prize award is subject to verification of eligibility and compliance with these Official Rules.
OWNERSHIP/USE OF ENTRIES: By submitting an Entry or accepting a prize, each entrant and winner agree Sponsor shall be the sole owner of the Entry submitted (including the copyright thereto and all rights embodied therein) and that it and its designees, including Sargento, may publish, use, adapt, create derivative works of, exploit, edit, modify, and distribute the Entry, any finished product represented by such Entry, any recipe or photo and all elements of such Entry, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission or notification to entrant or any third party. Submission of an Entry or acceptance of the prize further constitutes entrant’s and winner’s irrevocable waiver of any and all moral rights and constitutes entrant’s and winner’s consent to irrevocably assign and transfer to Sponsor any and all rights, title and interest in and to the Entry, including, without limitation, all copyrights and other intellectual property rights.
GENERAL CONDITIONS: Released Parties are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, delayed, garbled or undelivered Entries, recipes, and photos or for network, server, Internet Service Provider (ISP), website, or other connections, computer, satellite, telephone or cable transmissions or lines, or computer hardware or software, or other equipment failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of Entries, recipes, the announcement of the prizes or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person’s computer related to or resulting from participating in the Contest or downloading materials from or use of any website. Persons who tamper with or abuse any aspect of the Contest or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by viruses, worms, bugs, non-authorized intervention or other causes which, in the sole opinion of Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, or in the event the Contest is unable to run as planned for any other reason, Sponsor reserves the right at its sole discretion to terminate the Contest and, if terminated, at its discretion, select the potential winners from all eligible, non-suspect Entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor using the judging criteria specified above. Each entrant, by participating, and winners, by accepting a prize, agree that Sponsor, Sargento, GolinHarris, Facebook, and their respective parents, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, shareholders, employees, representatives and agents (collectively, “Released Parties”) will have no liability whatsoever for, and such entrant and winner will release, discharge, defend and hold Released Parties harmless from and against, any and all liabilities, injuries, losses or damages of any kind, including death to persons, or damage to property, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of a prize, or participation in the Contest. Each entrant and winner, except where legally prohibited, grants permission for Sponsor and its designees to use entrant’s and winner’s name and address (city and state) and an associated Entry, photo, recipe, voice and other likeness and prize information for programming, publicity, advertising, trade and promotional and other purposes without further compensation, in all media now known or hereafter discovered, worldwide and on the Internet and in perpetuity, without notice, inspection, review or approval and without restriction as to frequency of use or additional consents from entrant, winner or any third party. Each entrant and winners agree to execute specific consents to enable Sponsor to pursue and protect its rights hereunder. Entrants and winners also agree not to release any publicity or other materials on their own or through someone else regarding their participation in the Contest without the prior consent of Sponsor, which Sponsor may withhold in its sole discretion. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
ARBITRATION: Except where prohibited by law, as a condition of participating in the Contest, each entrant agrees that (1) any and all disputes and causes of action arising out of or connected with the Contest, or prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in the Contest), and entrant further waives all rights to have damages multiplied or increased. Should any term or condition contained in these Official Rules be deemed unenforceable, void or voidable, the remaining terms and conditions shall remain in full force and effect to the maximum extent allowed under applicable law.
CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor or any other Released Parties in connection with the Contest, shall be governed by, and construed in accordance with, the internal substantive laws of the State of California, USA.
REQUEST FOR WINNER’S NAMES: For the names of the Grand and First Prize winners (available after January 28, 2013), visit www.facebook.com/fabfitfun no later than February 11, 2013.
SPONSOR: Opera New Media LLC d/b/a FabFitFun, 8474 W. 3rd St. Suite 206, Los Angeles, CA 90048, U.S.A.