Rules and Regulations
ALTER ECO QUINOA RECIPE CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
OFFERED ONLY IN THE 50 UNITED STATES AND DISTRICT OF COLUMBIA (“U.S.”). VOID WHERE PROHIBITED. OPEN ONLY TO LEGAL U.S. RESIDENTS AGE 18 AND OLDER.
1. PROGRAM DESCRIPTION: The Alter Eco Quinoa Recipe Contest (“Contest”) begins at 4:00 P.M. Pacific Time (“PT”) on July 10th, 2014, and ends at 11:59 AM (PT) on August 11, 2014. Five semi-finalists will be selected for submitting the “most delicious” recipes as determined by a panel consisting of Alter Eco staff and the internationally recognized, Queens of Quinoa. One Grand Prize winner will be selected from these five semi-finalists, and the Grand Prize Winner will receive a Le Cruset Set, with a value of $400.00 – $530.00. The four remaining semi-finalists will receive a ‘Year of Free Quinoa’ (two 14oz- bags of quinoa every month for 12 months, or the equivalent, for delivery within the United States). See Section 5a below for details. The Sponsor is Alter Eco Americas, Inc., 2339 Third Street, Suite 70, San Francisco, CA 94107. You are not a winner unless Sponsor verifies your applicable entry, satisfaction of eligibility requirements, and/or prize claim, and you have fully complied with these Official Rules.
2. ELIGIBILITY: The Contest is open to legal residents of the 50 United States and Washington, D.C., who are 18 years of age or older at the time of entry. Employees (and their immediate family members and those living in the same household as the employee) of Sponsor and its advertising and promotion agencies involved with this Promotion, promotion partners, and its parent companies, subsidiaries, divisions, affiliates and related companies (collectively with Sponsor, the “Contest Parties”) are not eligible to participate in the Promotion or win a prize. All determinations of eligibility will be made by Sponsor in its sole discretion, and may be made at any time. All federal, state and local laws and regulations apply. Do not participate in the Promotion if you are not located in one of the 50 United States or Washington, D.C. The Promotion is void in Guam, Puerto Rico and all jurisdictions other than listed above and also void where prohibited, taxed or restricted by law.
3. AGREEMENT TO OFFICIAL RULES/GENERAL RESTRICTIONS: Participation in the Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Contest Parties, which are final and binding in all respects. Winning a prize is contingent upon fulfilling all requirements set forth in the Official Rules. Any participant may be disqualified at Sponsor’s sole discretion if he/she fails to comply with any of the terms of these Official Rules. Any attempt by a person to gain more entries than permitted by these Official Rules (including but not limited to the use of robotic/automatic entry devices, multiple email accounts, or multiple identities) shall result in disqualification in Sponsor’s sole discretion. Proof of submission of entry does not constitute proof of receipt of entry. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her email or postal address during the Promotion. Late entries will be void and ineligible. Multiple participants are not permitted to share the same email address or Facebook account. All submitted information becomes property of Sponsor and will not be acknowledged or returned. Entries by any means which subvert the entry process will be void. Entrants are solely responsible for internet access and usage charges incurred during participation in the Contest, if any. Note that free internet access is available at most public libraries.
4. CONTEST ENTRY
4a. ENTRY: To prepare for entry into the Contest, first look for codes hidden in promotional images (“Codes”) which may appear at the Alter Eco Facebook Page at https://www.facebook.com/AlterEcoSF, at www.alterecofoods.com, in the Alter Eco Twitter feed (@AlterEcoSF) on www.twitter.com, or in other locations as determined by Sponsor in its sole discretion. Codes may appear in the form of a word or alphanumeric sequence. Note that you may be required to “like” the Alter Eco Facebook Page in order to see promotional images at that site. To enter the Contest, visit www.alterecofoods.com/recipe-contest-2014 and follow instructions to complete the form (including a valid email address) and submit the form no later than 3:59 P.M. PT on August 11th, 2014. Limit one (1) entry per person/email address, per Code. The entry form may also be made available via link from websites other than www.alterecofoods.com, as determined by Sponsor in its sole discretion
By submitting an entry, you warrant and represent that the entry: (a) is your original recipe, (b) has not been previously published, (c) has not received any previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) that you have obtained permission from each person whose name, likeness or voice may be used in the Entry and (f) and that publication of the entry via various media including Web posting, will not infringe on the rights any third party rights. You hereby agree to defend and indemnify Sponsor, its subsidiaries, affiliates and advertising agencies, and each of its directors, officers, employees, representatives, contractors, sponsors and advertisers, Facebook and Twitter, from any and all claims and liability arising from or related to your failure to comply with, or violation of, the Official Rules.
4b. SELECTION OF SEMI-FINALISTS AND GRAND PRIZE WINNER: On or about August 11th, 2014, Alter Eco co-founders and staff will select five (5) potential Grand Prize winners (semi-finalists) among all eligible Contest entries received. Selection will be based on the quality and thoroughness of each submitted recipe, per the judges’ opinion. On or about August 13th, the panel of judges will select the Grand Prize Winner out of the five semi-finalists, after tasting all 5 recipes. Odds of winning the Grand Prize depend on the number of eligible entries timely received.
4c. GRAND PRIZE: One (1) Grand Prize will be made available, consisting of one Le Cruset cooking kit. Any prize details not specified herein shall be determined by Sponsor in its sole discretion. The total approximate retail value of the Grand Prize is $400.00 – $530.00. No refund or compensation will be made.
5. WINNER NOTIFICATION/VERIFICATION/PRIZE RESTRICTIONS: Potential winners will be notified by email within approximately three (3) business days following the applicable selection of winners, at the email address provided by the participant. No responsibility is assumed by Sponsor for any incorrect email address provided by a participant, or any change of email address of participant after participation. Proof of identity, age and/or legal residence may be required to claim a prize. In Sponsor’s sole discretion, potential winners may be required to complete a notarized affidavit of eligibility, a liability release and (where permitted by applicable law) a publicity release, which must be returned within the time period specified in potential winner’s notification email. Any failure to timely return required documents or requested information, noncompliance with the terms of these Official Rules, or the return of any prize or prize notification as undeliverable will cause prize to be forfeited in its entirety and the participant in question to be disqualified from winning any further prizes in the Contest. Forfeited prizes may be awarded by Sponsor, at its sole discretion, to an alternate winner selected by Sponsor from among all remaining applicable eligible entries, pending verification of eligibility. If a potential winner is 18 years of age or older, as is required for entry, but not yet the age of majority in state of residence, the applicable prize will be awarded in the name of potential winner’s parent or legal guardian, who must fulfill all obligations of winner set forth in these Official Rules. Unless otherwise described herein, no other assignment, transfer, or substitution of any prize is permitted, except by Sponsor who reserves the right to substitute a prize with a prize of comparable or greater value in its sole discretion. All taxes (including without limitation Federal, state and local taxes) in connection with a prize, and the reporting consequence thereof, are the sole responsibility of the applicable winner. Winners will be required to return a properly completed IRS W-9 form within the time period specified by Sponsor, and such winner will receive an IRS Form 1099 issued in their name for the actual value of prizes received. Sponsor makes no representations regarding the tax liability associated with any prize. Winners are solely responsible for any unspecified expenses associated with acceptance or use of a prize. Any prize details not specified will be determined by Sponsor in its sole discretion.
6. RELEASE: By participating in the Contest, all winners and entrants agree to release and hold harmless Sponsor, Facebook Inc., Twitter, Inc., their parent and related companies, other companies associated with the Contest and operation of the Contest, and the respective officers, directors, employees, and agents of each (aforementioned individuals and organizations collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use/misuse of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors or any errors made in the advertisement of the Contest; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Contest or the processing of Entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt of any prize. Without limiting the foregoing, the Contest, all prizes, and all materials provided on or through any Contest website are provided “as is” without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Each winner shall bear all risk of loss or damage to his/her prize after it has been delivered.
By entering the Contest, entrants agree and acknowledge that this Contest is no way sponsored, endorsed, administered by or associated with Facebook or Twitter.
7. GENERAL CONDITIONS: The Released Parties are not responsible for and shall not be liable for: (a) interrupted or unavailable network server, internet access or other connections, miscommunications, failed telephone or computer transmissions or late, lost, stolen, jumbled, scrambled or misdirected entries or transmissions; (b) phone, electrical, network, computer hardware or software or program malfunctions; (c) inability to upload or download any information in connection with participating in the Contest; (d) failures or difficulties or other errors, omissions, interruptions, or deletions of any kind whether human, mechanical or electronic; (e) for any damage to any person’s computer or other equipment related to participating in the Contest; (f) typographical, printing or other errors relating to or in connection with the Contest, including, without limitation, errors which may occur in the administration of the Contest, the processing of entries, the announcement of the prizes, or in any Contest –related materials; (g) illegible, damaged, lost, late, stolen, postage-due, incomplete, undelivered/undeliverable, misdirected or returned mail; or (h) the actions of entrants or other individuals in connection with the Promotion, including entrants’ or other individuals’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Contest. In the event of any conflict with any details contained in these Official Rules and Contest details contained in advertising and other Contest materials, the details of the Contest set forth in these Official Rules shall prevail. The Released Parties are not liable for any Internet connectivity costs, dial-up access costs or upload fees. The Sponsor reserves the right in its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Contest; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. In Sponsor’s sole discretion, persons found tampering with, abusing any aspect of this Contest, violating these Official Rules, or acting in a non-sportsmanlike, inappropriate or disruptive manner will be disqualified and may be subject to prosecution. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If, in the judgment of Sponsor, the Contest is compromised by virus, bugs, non-authorized human intervention or other causes beyond the reasonable control of Sponsor, which corrupt or threaten to corrupt or interfere or threaten to interfere with the administration, security, fairness or operation of the Contest as was originally intended, Sponsor reserves the right, in its sole discretion, to discontinue, suspend or terminate the Contest or to otherwise proceed with the Contest in any manner it deems fair and reasonable. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK PROSECUTION, DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. 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 of the email address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, on-line 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’s name on the entry form must match the account holder of the email address.
8. DISPUTES: By participating, each agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prize awarded shall be resolved individually, without resort to any form of class action, and shall be submitted to final, binding arbitration heard by a single arbitrator in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (except as modified herein). The arbitration shall be conducted in the City and County of San Francisco, California. Unless otherwise specified herein, the arbitrator may award any relief that he/she deems proper, including but not limited to equitable relief. The award shall be final and binding and enforceable in any court of competent jurisdiction. You understand and fully agree that by entering into this agreement to arbitrate; you are giving up your constitutional right to have a trial by jury, and are giving up their normal rights of appeal following the rendering of a decision except as California law provides for judicial review of arbitration proceedings. The Parties anticipate that by entering into this Agreement, they will gain the benefits of a speedy and less expensive dispute resolution procedure Any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Contest but in no event shall attorneys’ fees be awarded in arbitration; and under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, any and all punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or the Contest Parties in connection with this Contest shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of California, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
9. SEVERABILITY/HEADINGS: If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
11. PUBLICITY: By participating, you grant to Sponsor and its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), voice, biographical information, entry including recipe and written or oral statements, for advertising and promotional purposes in promoting or publicizing Sponsor, its affiliated companies, and the products or services of each, in any and all media without limitation as to time or territory, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), biographical information, or entry.
12. PUBLICATION OF WINNERS: The name of each winner will be available at http://www.facebook.com/AlterEcoSF s following winner determination.
Sponsor: Alter Eco Inc., 2339 Third Street, Suite 70, San Francisco CA 94107.
The Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook or Twitter. You understand that you are providing your information to Sponsor and not to Facebook or Twitter. The information you provide will only be used in the event you are selected as a winner or if you have indicated that you would like to receive additional information from Sponsor.
Questions? Please visit us at http://www.alterecofoods.com/ and do not submit questions on Facebook or Twitter.