VOID OUTSIDE OF FLORIDA AND WHERE PROHIBITED BY LAW. INTERNET ACCESS AND A VALID EMAIL ADDRESS ARE REQUIRED FOR ENTRY AND TO WIN. PARTICIPATION IN THE CONTEST IS LIMITED TO THE FIRST FIFTY (50) ELIGIBLE INDIVIDUALS WHO REQUEST PRODUCT FROM SPONSOR AS SET FORTH IN THE ‘HOW TO ENTER’ SECTION BELOW. APPROVED
POTENTIAL WINNERS WILL BE REQUIRED TO EXECUTE PRIZE ACCEPTANCE DOCUMENTS AND RETURN THEM WITHIN THREE (3) DAYS FROM DATE OF ISSUANCE OF NOTIFICATION OR WINNER STATUS AND PRIZE MAY BE FORFEITED (IN SPONSOR’S (DEFINED BELOW) SOLE DISCRETION), AS MORE FULLY DETAILED BELOW.
BY ENTERING THIS CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU, A CLASS-ACTION WAIVER, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
BY SUBMITTING A FOOD RECIPE (DEFINED BELOW) IN THIS CONTEST, YOU AGREE AND ACKNOWLEDGE THAT YOUR FOOD RECIPE MAY BE USED BY SPONSOR AND POSSIBLY OTHERS WITHOUT ANY COMPENSATION TO YOU. YOU GRANT SPONSOR A BROAD LICENSE TO USE YOUR FOOD RECIPE AS DESCRIBED IN THE “LICENSE” SECTION BELOW.
The Great [Latin!] American Turkey Co. TURQUIA RETO! (“Contest”) is sponsored by The Great American Turkey Co. (“Sponsor”). The Contest begins at approximately 12:00:00 a.m. Eastern Time (“ET”) on January 27, 2020 and ends at 11:59:59 p.m. ET on February 16, 2020 (the “Contest Period”). This Contest is in no way sponsored, endorsed, or administered by or associated with Instagram, Inc.
As more fully described below, up to fifty (50) eligible entrants (see Eligibility section below) may enter the Contest by creating an original, Latin-inspired food recipe using one of Sponsor’s six provided turkey products ("Food Recipe") and up to, but no more than, five (5) additional ingredients of contestant’s choosing (this excludes cooking oil, seasonings and spices), posting the Food Recipe during the Contest Period, together with a Photograph or Video (defined below), to entrant’s Instagram page as described in more detail below. Following the close of the Contest Period, four (4) winners will be selected through the judging processes described below.
This Contest is open only to legal residents of the state of Florida who are at least eighteen (18) years of age as of the date of entry who are registered users of Instagram and have not at the time of entry, or at any time during the judging and prize fulfillment, been charged with or convicted of a felony or crime of moral turpitude. Employees, officers, directors, members, managers, agents, and representatives of Sponsor, the South Beach Wine and Food Festival (“Festival”) organizers, and their respective corporate parent companies, divisions, subsidiaries, affiliates, assigns, and successors in interest, each of their respective advertising, promotion and public-relations agencies, and any other party participating in the development, design, administration, or fulfillment of this Contest (collectively, with Instagram, Inc. the “Released Parties”), and the immediate families (defined as any spouse, partner, parent, legal guardian, sibling, child, legal ward, grandparent, or grandchild, regardless of where they reside) and members of the same household (whether legally related or not), are ineligible to participate or win the prize in this Contest. Participation in this Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor.
- HOW TO ENTER:
Entry into this Contest requires completing all of the following steps before the end of the Contest Period:
- To begin the entry process, you must be one of the first fifty (50) eligible individuals to contact Sponsor to request sample products for use in developing your Food Recipe. To request sample products, send an email to Laura@greatamericanturkeyco.com and indicate that you would like to participate in the Contest. You must include “Recipe Contest” in the subject line and your name and street mailing address in the body of the email. P.O. Boxes will not be accepted. Following receipt of your valid request, if you are one of the first fifty (50) request received, Sponsor will ship you six (6) of Sponsor’s turkey products (the “Product” or “Products”), one of which must be incorporated into your Food Recipe. Note, your products will ship to you via two-day shipping upon notification of your entry if received by 4:00 pm EST that day; otherwise your shipment will go out the next business day.
- Following receipt of the Products, create an original, Latin-inspired Food Recipe that incorporates one of the Products and up to five (5) additional ingredients. Cooking oil, seasonings and spices do not count toward the ingredient limit. Then, either take a photograph (“Photograph”) or a video (“Video”) of your final, prepared Food Recipe (Video must include a zoom on the final dish).
- Upload the Photograph or Video to your personal Instagram page and include (i) the original name of your Food Recipe, a list of the ingredients you used, and the Great American Turkey Co. provided turkey Product (one of the six sent to you) you used in your Food Recipe; (ii) the hashtags #GATCChallenge, #TastyBetterLiving and #RecipeContest; and (iii) tag @GreatAmericanTurkeyCo (your “Entry Post”).
LIMIT ONE (1) ENTRY PER PERSON FOR THE ENTIRE CONTEST. Subsequent attempts to submit entries in excess of the above-stated limit by using multiple sets of or false contact information or by any other means are void and persons engaging in such conduct may, in Sponsor’s sole discretion, be disqualified. Entries must be submitted and received by Sponsor during the Contest Period through Instagram and in strict accordance with the instructions and restrictions in these Official Rules. Entries that are not actually received by Sponsor will not be entered into this Contest. For purposes of this Contest, an entry is “received” when Instagram records your entry during the Contest Period and all components of your Entry Post are visible to Sponsor. You are responsible for ensuring that your Instagram privacy settings permit Sponsor to be able to view your Entry Post. Other proof of submitting or attempting to submit an entry (such as, without limitation, a screenshot of your purported entry) does not constitute proof of actual receipt of the entry for purposes of this Contest. Sponsor’s clock will be the official timekeeper for this Contest. Your Entry Post must remain active on Instagram and viewable to Sponsor through winner selection and prize award for this Contest. Each entrant must be the rightful owner of the Instagram account, and corresponding email account, utilized for entry.
Purported entries that are incomplete, received outside the Contest Period, or contain obscene, offensive, or any other content/language communicating messages inconsistent with the positive images with which Sponsor wishes to associate itself (all as determined by Sponsor in its sole discretion) will be void. Those who do not abide by these Official Rules or the instructions of Sponsor or its representatives and provide all required information may, in Sponsor’s sole discretion, be disqualified and any entry by such person void. Entries that are fraudulent, forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, incomprehensible, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. Entries or participation made on behalf of any other individual or any entity or group, or originating at any online service other than Instagram, will be declared invalid and disqualified for this Contest. As a condition of entering this Contest, without limiting any other provision in these Official Rules, each entrant gives consent for Sponsor and its agents to obtain and deliver his or her name, address, and other information and content to third parties for the purpose of administering this Contest and complying with applicable laws, regulations, and rules. YOU SHOULD RETAIN A BACK-UP COPY OF YOUR FOOD RECIPE, VIDEO/PHOTOGRAPHS, AND ANY OTHER ENTRANT CONTENT YOU SUBMIT. ANY ENTRY OR ENTRANT CONTENT THAT DOES NOT CONFORM TO THE REQUIREMENTS IN THESE OFFICIAL RULES MAY, IN SPONSOR’S SOLE DISCRETION, BE DEEMED INELIGIBLE.
- SUBMISSION REQUIREMENTS:
All Entrant Content must meet all of the following requirements, as determined by Sponsor in its sole discretion, or the associated entry may be disqualified:
- Entrant Content must have been created by and original to you (or include content that is in the public domain) and must not infringe upon or violate the rights of any third parties.
- Entry Post should not make reference to, or depict any specific any brands, trademarks or trade dress other than that of Sponsor.
- If your Entrant Content mentions or depicts any identifiable person other than you, you agree that you have that person’s or people’s approval to include their name, likeness, or image in the Entrant Content and submit it in this Contest and can provide Sponsor proof of that approval in writing upon Sponsor’s request and within the timeframe requested.
- Other than the name of your Food Recipe and the list of ingredients which may be in Spanish, your Entrant Content must be entirely in the English language.
- Videos and Photographs must comply with Instagram’s technical requirements, including file type, size and Video length.
- Your Entrant Content must not contain any illegal, illicit, poisonous or harmful ingredients, or ingredients derived from endangered or protected species.
- Entrant Content must be unpublished and may not have been entered into any other contest, sweepstakes, promotion, or competition or otherwise distributed in any way.
- No other person or entity may have rights to your Entrant Content, including the Photograph or Video. You agree that, upon request by Sponsor and as a condition of remaining eligible to win the prize in this Contest or to have your Food Recipe potentially served at the Festival (defined below) or otherwise used by Sponsor as described below, you will promptly provide Sponsor with adequate written proof (as determined by Sponsor) that any third parties that are identified in or assisted in any way with the development or creation of the Entrant Content have waived or assigned to you any right, title, or interest they may have in that Entrant Content.
- Your Entrant Content must be suitable for the general public. No swearing or obscene material. Do not include any deceptive, disparaging, defamatory, harassing, racist, or hateful material in your Entrant Content or any virus or harmful code.
- Your Entrant Content cannot depict or encourage dangerous or illegal activities and must not in any way violate any federal, state, or local law, rule, or regulation.
- You agree that your participation in the Contest and agreement to these Official Rules and any Released Party’s display and use of the Entrant Content will not violate any agreement to which you are a signatory or party and that no such agreement otherwise limits your ability to participate in this Contest or grant the rights granted by you in these Official Rules.
- To the fullest extent permitted by applicable law, you agree to indemnify the Released Parties against any and all claims from any third party for any use by any Released Party of the Entrant Content authorized pursuant to these Official Rules.
Sponsor reserves the right in its sole discretion to disqualify you from the Contest and/or cease or refrain from displaying, using or publishing any Entrant Content that – as determined by Sponsor in its sole discretion – refers, depicts, or in any way reflects negatively upon a Released Party, the Contest, or any other person or entity or does not comply with these Submission Requirements or any other requirement of these Official Rules.
- WINNER SELECTION/NOTIFICATION:
Following the end of the Contest Period, all eligible entries received during the Contest Period will be judged by a judge or panel of judges selected by Sponsor (“Judges”).
The Judges will score all eligible entries received for the Contest based on the following criteria according to the percentage weights indicated: (i) anticipated taste of the food that would be made using the Food Recipe (20%), (ii) anticipated aesthetic presentation of the food that would be made using the Food Recipe (20%), and (iii) creativity and originality of the Food Recipe (60%) (each a “Judging Criteria”). Entries will be judged only on the content of the Entry Post, including Video or Photograph, ingredient list and Food Recipe name; the Judges will not create/cook any Food Recipe. If two entrants submit the exact same Food Recipe (as determined in Sponsor’s sole discretion), only the entrant who submitted the recipe first will be considered. In the event of a tie between or among distinct Food Recipes, the entry with the highest score in the “anticipated taste” Judging Criterion will be named a potential winner. If there is still a tie, the entry with the highest score in the “creativity and originality” Judging Criterion will be named a potential winner. The four (4) entries with the highest scores will be named potential winners, subject to verification.
Sponsor reserves the right to contact entrants for verification purposes and administration of the Contest, including the right to contact entrants throughout the judging process for additional information and in connection with the preparation of winners’ Food Recipes at the Festival. All of the Judge’s decisions are final and binding in all matters relating to this Contest. Each entrant acknowledges that other entrants may have created ideas and concepts contained in their Entrant Content that may have familiarities or similarities to his/her Entrant Content, and agrees that he/she will not be entitled to any compensation or right to negotiate with the Released Parties because of these familiarities or similarities. The Judge’s decision will be rendered by approximately February 17, 2020. On or about February 17, 2020, Sponsor will attempt to contact potential winners by replying to the potentially winning Entry Post in a comment. In addition to the reply, Sponsor may also elect (but is under no obligation) to attempt to contact the potential winner using Instagram’s direct message feature.
The potential four winners (4) will be required to respond to Sponsor, within twenty-four (24) hours of Sponsor posting the notification comment as set forth above, in accordance with Sponsor’s instructions and using the email addresses entrant used to request Product. Entrants are encouraged to monitor their email and Instagram accounts for correspondence from Sponsor. If you are not a follower of Sponsor’s @ GreatAmericanTurkeyCo account on Instagram, you may have to affirmatively accept a direct message sent by Sponsor.
Potential winner’s response to Sponsor’s winner notification must include full details of their Food Recipe, including ingredient proportions/measurements and step by step instructions for preparing the Food Recipe. Failure to provide this information in accordance with Sponsor’s instructions may result in disqualification. The potential winners will be required to complete, sign, have notarized (if applicable), and return an Affidavit of Eligibility and Liability/Publicity Release (unless prohibited by law) and tax documents (collectively, “Prize Winner Documents”), within the time frame specified and in the form provided by Sponsor, without revision, or prize may be forfeited. The Prize Winner Documents must be received by Sponsor within three (3) day OK GOOD! s of Sponsor’s sending the documents to the potential winner or other time frame as stated in the Prize Winner Documents, or prize may be forfeited and an alternate winner may be selected. If any prize, prize notification, or other Contest-related communication is returned as undeliverable or if a selected potential winner cannot be reached or does not respond as instructed after Sponsor has attempted to notify that potential winner, that selected winner may be disqualified and an alternate winner may be selected (time permitting and in Sponsor’s sole discretion). Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any, and modify any prize element that is affected by the later date of selection of any alternate potential winner, if any. The prize claim and Prize Winner Documents are subject to verification by Sponsor. The prize, if legitimately claimed, will be awarded. Sponsor will not be obligated to pursue more than three (3) alternate winners (time permitting) for any reason.
- PRIZE, QUANTITY & APPROXIMATE RETAIL VALUE (“ARV”):
Subject to verification, there will be four (4) winners who will each receive one (1) complimentary ticket to attend an event at the South Beach Wine & Food Festival and a Sponsor-branded swag bag of Great American Turkey Co. merchandise. This is perfect and all we need Each winner may also have their Food Recipe served at one of Sponsor’s events at the Festival. Possible event dates are February 20, 21, 22 and 23, 2020, with each winner’s event ticket date to be determined in Sponsor’s sole discretion. Tickets range in value; ARV of each prize will range from $189 and $324. Total ARV of all prizes: $986. No transportation to/from the Festival is provided. Winners are responsible for traveling to and from the Festival. Winners are responsible for all applicable taxes, if any, on the value of the prize.
By entering this Contest and attending the Festival, each winner agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Contest, Festival or prize-related activity. Each winner understands and agrees that Sponsor and the applicable prize(s) providers have the right, in their sole discretion, to disqualify and remove winner from any activity at any time if the winner’s behavior is at any point uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of a Sponsor or prize provider or otherwise violates the policies of the Sponsor or prize provider, and, in such a case, that winner will remain solely responsible for all taxes and other expenses related to the prize and responsible for the costs of removing him or her from use of the prize and any related damages, losses, or expenses.
No more than the stated prize(s) will be awarded. Sponsor is not responsible for a potential winner’s inability to accept or use the prize for any reason. Sponsor will not replace any lost, mutilated, re-gifted or stolen prizes or prize elements or any prizes that are undeliverable or do not reach any winner because of an incorrect or changed address or other contact information. If winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. No transfers, prize substitutions, or cash redemptions will be made, except at Sponsor’s sole discretion. Winner is strictly prohibited from selling, auctioning, trading, or otherwise transferring any part of the prize, except with Sponsor’s permission, which may be granted or withheld for any reason in its sole discretion. Any mailed prize elements will only be mailed or otherwise provided to the verified winner’s address in Florida, unless Sponsor, in its sole discretion, agrees otherwise. Sponsor reserves the right to substitute any prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including unavailability of the stated prize. Each entrant waives the right to assert as a cost of winning any prize any and all costs of verification and redemption or travel to claim the prize and any liability and publicity which might arise from claiming or seeking to claim said prize.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WINNER AGREES THAT THe PRIZE IS PROVIDED AS-IS WITHOUT ANY warranty, representation, or guarantee, express or implied, in fact or in law, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, relative to the use or enjoyment of the prize, including, without limitation, ITS quality, merchantability, or fitness for a particular purpose. FURTHER, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WINNER AGREES THAT THE RELEASED PARTIES ARE NOT RESPONSIBLE IN ANY WAY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.
By entering the Contest, each entrant grants to Sponsor a broad license to use his or her Entrant Content (as described in this section), including the right to use the entrant’s Food Recipe and/or Photograph or Video for advertising, marketing and public relations/promotional purposes in any and all media now known or hereinafter invented, including, without limitation, in social media and in connection with and at the Festival, and each entrant agrees to execute further paperwork memorializing the grant of rights in these Official Rules. Sponsor is under no obligation to use any Food Recipe or Photograph/Video in this or any other manner.
In addition to the foregoing license grant, each entrant, upon submission of any Entrant Content in this Contest, hereby irrevocably grants to Sponsor, and its licensees, successors, and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use, edit, modify, adapt and otherwise exploit the Entrant Content, in whole or in part, for any purpose and in any manner or medium now or hereafter known or devised (including, without limitation, optical media, streaming media, film, television, print, interactive devices, mobile media, Internet and online systems), throughout the universe and in any and all languages (including, without limitation, the right to display, reproduce, recreate, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title, and adapt the same, to combine it with other material, and to otherwise use and exploit it) without having to give any compensation or attribution to entrant or any third party, except for the awarding of the prize to the winner in this Contest. Sponsor, and its successors, assigns, and licensees, will have the right to make unlimited derivative works of Entrant Content, to assign or transfer any or all of Sponsor’s granted rights, and to grant unlimited, multiple-level sublicenses. Without limiting any of the foregoing, Sponsor will have the right to (i) use the Entrant Content (including all text, video, photographs, and materials included or depicted therein) in any merchandising, advertising, marketing (including social media), public relations or promotion, or for any other commercial or non-commercial purpose and (ii) to recreate a food dish using your Food Recipe (or parts thereof) or with an adapted or modified recipe and with ingredients of Sponsor’s own choosing, including adaption or modification, in Sponsor’s sole discretion, for use at the Festival events. Entrants hereby forever waive and relinquish all so-called “moral rights” (droit moral) now or hereafter recognized in connection with his or her Entrant Content. Entrants agree that Sponsor will have sole discretion in determining the extent and manner of its use of Entrant Content pursuant to the rights granted it under these Official Rules and are not obligated to use any Entrant Content.
Each entrant acknowledges that Entrant Content is not being submitted in confidence or in trust to any Released Party and that no confidential or fiduciary relationship is intended or created. Entrant Content is not confidential and the Released Parties’ only obligations to entrants regarding Entrant Content are as specifically set forth in these Official Rules. Each entrant acknowledges that the Released Parties and other entrants may have created ideas and concepts contained in their Entrant Content (or any materials unrelated to this Contest) that may have familiarities or similarities to their own Entrant Content, and that they will not be entitled to any compensation or right to negotiate with any Released Parties because of these familiarities or similarities. Notwithstanding any custom and practice in the industry to pay an individual for an idea (if any), nothing herein will create an implied or express contract to compensate entrants for their Entrant Content and there is no obligation whatsoever for any Released Party to pay or otherwise compensate entrants for any of their ideas or materials in any communications with a Released Party. The Released Parties reserve the right to request from entrant at any time proof that entrant maintains all necessary rights in their Entrant Content in order to grant the applicable Released Party the rights required herein in a form acceptable to such Released Party. Failure to provide such proof may lead to, among other things, the entrant being disqualified from the Contest.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS, AND INDEMNIFY EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE ACCEPTANCE, USE, MISUSE, OR AWARDING OF THE PRIZE(S) OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY FESTIVAL OR CONTEST-RELATED ACTIVITY (INCLUDING THE WINNER ANNOUNCEMENT EVENT) INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, LOSS, DEATH OR ACCIDENT TO/OF PERSON OR PROPERTY. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE RELEASED PARTIES’ LIABILITY FOR PERSONAL INJURY OR TANGIBLE PROPERTY DAMAGE CAUSED BY THE RELEASED PARTIES, OR FOR THE RELEASED PARTIES’ GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.
ENTRANTS UNDERSTAND AND AGREE THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
- ADDITIONAL DISCLAIMERS
Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant, or by human error: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of any stated limit; any lost, late, incomplete, illegible, unintelligible, garbled, mutilated, or misdirected entries, email, Instagram direct message, mail, or Contest-related correspondence or materials or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules, in any Contest-related advertisements, or other materials; failures of electronic equipment, computer hardware, or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications. The Released Parties are not responsible for electronic communications that are undeliverable or otherwise not received or noticed by an entrant as a result of any form of active or passive filtering of any kind (including, without limitation, Instagram direct messages that require entrant to actively accept the message in order to access it), or insufficient space in entrant’s email or voicemail inbox to receive email or voicemail messages. Released Parties are not responsible, and may disqualify you, if your email address, Instagram account or other contact information does not work or is changed without prior written notice to Sponsor. Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any entrant or winner for failure to supply a prize or any part thereof in the event that any of the Contest or Festival activities or Released Parties’ operations or activities are affected by any cause or event beyond the sole and reasonable control of the applicable Released Party (as determined by Sponsor in its sole discretion), including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.
- GENERAL RULES
By entering the Contest (except where prohibited by law), each entrant grants the Released Parties the irrevocable, sublicensable, free-of-charge, absolute right and permission to use, publish, post or display their name, photograph, likeness, Instagram handle, voice, biographical information, any quotes attributable to them, and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties’ sole discretion) for advertising, trade, promotional and publicity purposes, including, without limitation, to promote their Food Recipe and in connection with the Festival, without further obligation or compensation of any kind to them, anywhere worldwide, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet) without any limitation of time and without notice, review or approval, and each such person releases all Released Parties from any and all liability related to such authorized uses. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and each natural person granting publicity rights under this provision waives any right to inspect or approve any such use.
Sponsor’s decisions will be final in all matters relating to this Contest, including interpretation of these Official Rules, selection of the winner, and award of the prize. All entrants, as a condition of participating, agree to be bound by these Official Rules and the decisions of Sponsor. Entrants further agree to not damage or cause interruption of the Contest and/or prevent others from participating in or engaging with the Contest. Sponsor reserves the right to restrict or void participation from Instagram account or other identifiable source if any suspicious participation is detected. Sponsor reserves the right, in its sole discretion, to void the participation of any entrant who Sponsor believes has attempted to tamper with or impair the administration, security, fairness, or proper administration of this Contest. Sponsor’s failure or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy, or inconsistency between disclosures or other statements contained in any Contest-related materials and/or these Official Rules (including any alleged ambiguity, discrepancy, or inconsistency within these Official Rules), it will be resolved by Sponsor in its sole discretion. Entrants waive any right to claim ambiguity in the Contest or these Official Rules. If Sponsor determines at any time in its sole discretion that a winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their Official Rules as if the invalid or illegal provision were not contained herein. The Released Parties are not responsible for any changes to or unavailability of the Instagram platform that may interfere with the Contest (including any limitations, restrictions, or conditions placed upon Sponsor's ability to use Instagram for the Contest as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor, in which case Sponsor, in its sole discretion, may terminate or modify the Contest. If the Contest is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify, or suspend the Contest and award the prizes from eligible, non-suspect participation prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, participates by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain the prize, Sponsor may disqualify that person and seek damages from them and that person may be prosecuted to the full extent of the law In the event of a dispute concerning the identity of a participant, the participant will be declared to be the registered account holder of the email address associated with the Instagram account used at the time of entry, but only if that person meets all other eligibility criteria, otherwise the entry may, in Sponsor’s sole discretion, be disqualified and any potential prize won forfeited. A registered 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. Winner may be required to show proof of being the registered account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, in its sole discretion, the entry will be deemed ineligible. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY VIOLATE CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
- GOVERNING LAW/DISPUTES/ARBITRATION
YOU AGREE THAT THESE OFFICIAL RULES AND YOUR PARTICIPATION IN THE CONTEST ARE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK. BOTH YOU AND SPONSOR WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR RESOLVE ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION. NOTWITHSTANDING ANY PROVISION IN THE JAMS (DEFINED BELOW) RULES TO THE CONTRARY, THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY OR ANY JURISDICTION TO HEAR THE ARBITRATION AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR TO CONSOLIDATE, JOIN, OR OTHERWISE COMBINE THE CLAIMS OF DIFFERENT PERSONS INTO ONE PROCEEDING.
THE PARTIES EACH AGREE TO FINALLY SETTLE ALL DISPUTES ONLY THROUGH ARBITRATION; PROVIDED, HOWEVER, THE SPONSOR SHALL BE ENTITLED TO SEEK INJUNCTIVE OR EQUITABLE RELIEF IN THE STATE AND FEDERAL COURTS LOCATED IN OR HAVING JURISDICTION OVER KINGS COUNTY, NEW YORK AND ANY OTHER COURT WITH JURISDICTION OVER THE PARTIES. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND REVIEW IS LIMITED. THE ARBITRATOR’S DECISION AND AWARD IS FINAL AND BINDING, WITH LIMITED EXCEPTIONS, AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT WITH JURISDICTION. THE PARTIES AGREE THAT, EXCEPT AS SET FORTH ABOVE, ANY CLAIM, SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS PROMOTION WILL BE RESOLVED SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR UNDER THE STREAMLINED ARBITRATION RULES & PROCEDURES OF JAMS INC. (“JAMS”) OR ANY SUCCESSOR TO JAMS. IN THE EVENT JAMS IS UNWILLING OR UNABLE TO SET A HEARING DATE WITHIN FOURTEEN (14) DAYS OF THE FILING OF A “DEMAND FOR ARBITRATION,” THEN EITHER PARTY CAN ELECT TO HAVE THE ARBITRATION ADMINISTERED BY ANOTHER MUTUALLY AGREEABLE ARBITRATION ADMINISTRATION SERVICE WHO WILL HEAR THE CASE. IF AN IN-PERSON HEARING IS REQUIRED, THEN IT WILL TAKE PLACE IN PHILADELPHIA, PA, CHICAGO, IL, NEW YORK CITY, NY, LOS ANGELES, CA, ATLANTA, GA OR DALLAS, TX (WHICHEVER IS CLOSEST TO YOUR RESIDENCE) OR IN YOUR HOMETOWN, BUT ONLY IF JAMS RULES SO REQUIRE. THE FEDERAL OR STATE LAW THAT APPLIES TO THESE OFFICIAL RULES WILL ALSO APPLY DURING THE ARBITRATION. DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE CONSOLIDATED WITH ANY OTHER PROCEEDINGS THAT INVOLVE ANY CLAIMS OR CONTROVERSY OF ANOTHER PARTY, INCLUDING ANY CLASS ACTIONS OR CLASS ARBITRATIONS; PROVIDED, HOWEVER, IF FOR ANY REASON ANY COURT OR ARBITRATOR HOLDS THAT THIS RESTRICTION IS UNCONSCIONABLE OR UNENFORCEABLE, THEN THE AGREEMENT TO ARBITRATE DOES NOT APPLY AND THE DISPUTE MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN KINGS COUNTY, NEW YORK SPONSOR AGREES TO PAY THE ADMINISTRATIVE AND ARBITRATOR'S FEES IN ORDER TO CONDUCT THE ARBITRATION (BUT SPECIFICALLY EXCLUDING ANY TRAVEL OR OTHER COSTS OF ENTRANT TO ATTEND THE ARBITRATION HEARING). EITHER PARTY MAY, NOTWITHSTANDING THIS PROVISION, BRING QUALIFYING CLAIMS IN SMALL CLAIMS COURT. IN NO EVENT WILL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF OR TO ENJOIN OR RESTRAIN THE OPERATION OR EXPLOITATION OF THE CONTEST.
Further, in any such dispute, under no circumstances will you be permitted or entitled to obtain awards for, and hereby waive all rights to claim, incidental or consequential damages. The prior limitation on damages is not intended to limit the Released Parties’ obligation (if any) to pay prevailing party costs or fees if recoverable pursuant to applicable law.
- WINNERS’ LIST/OFFICIAL RULES:
A copy of these Official Rules is available online during the Contest Period by visiting
https://greatamericanturkeyco.com/blogs/turkey-talk. For information about who won, send an email to Laura@greatamericanturkeyco.com with the subject line “GATC Recipe Contest Winners.” Requests for winner information must be received no later than three (3) months after the end of the Contest Period.
The Great American Turkey Company, 240 Kent Ave, 2A13, Brooklyn, NY 11249