Submissions open10/13/2014 12:00:00 AM
Submissions end11/16/2014 12:00:00 AM
Voting opens11/17/2014 12:00:00 AM
Voting closes12/15/2014 12:00:00 AM
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OLD AT THE TIME OF ENTRY. VOID IN PUERTO RICO AND WHERE PROHIBITED OR RESTRICTED BY LAW.
The “Kenmore Merriest Menu Contest” (“Contest”) is sponsored by Sears Holdings Management Corporation (“Sponsor”), 3333 Beverly Rd., Hoffman Estates, IL 60179.
1. CONTEST PHASES: The Contest consists of two (2) phases: an “Entry Phase,” which starts at 12:00 AM Eastern Time (“ET”) on October 13, 2014 and ends at 11:59:59 PM ET on November 16, 2014; and a “Voting Phase,” which starts on November 17, 2014 and ends on December 15, 2014. After the end of the Voting Phase one (1) First Prize Winner will be announced. The Administrator’s computer is the official Contest clock.
2. ELIGIBILITY: The Contest is open to eligible legal residents of the 50 United States and the District of Columbia who are 18 years of age or older as of the date of entry. Void in Puerto Rico, the United States Territories and Possessions, and wherever else prohibited or restricted by law. Officers, directors, agents, and employees of the Sponsor and respective parent companies, subsidiaries, franchisees, affiliated entities, advertising, promotion and web design agencies, and independent contractors (collectively, “Contest Entities”), or any other individuals/entities associated with this Contest and each of their respective immediate family members (e.g., children, spouse, siblings, parents, and the “steps” of each of the aforementioned) and persons living in the same household of each are not eligible to participate in the Contest. Individuals who meet these eligibility requirements are referred to herein as “Contestants”. All federal, state, and local laws apply. For purposes of the Contest, a Contestant’s residential address and e-mail address will be the physical address and e-mail address submitted at the time of entry. Contestants will not be allowed to change their physical address or e-mail address.
3. HOW TO ENTER THE CONTEST: Between 12:00 AM ET October 13, 2014 and 11:59:59 PM ET November 9, 2014, Contestants may enter online by visiting http://cookmore.com/contests (“Website”) and follow the on-screen instructions to register and create a “Merriest Menu” cookbook (“Cookbook”).
In addition to creating the Cookbook, each Contestant must include a brief description (100 – 250 words) of what makes this the merriest menu (“Description”) and a photograph related to the meal (“Photo”). The Cookbook, Description, and Photo will collectively be referred to as a “Submission.” To register, each Contestant must complete and submit the information required on the registration form, which may include, but is not limited to: his/her first and last name (no initials), complete mailing address (P.O. Boxes are not permitted), e-mail address, date of birth, and phone number. After registering, the Contestant will receive instructions on how to upload the Submission.
Sponsor will not notify Contestants whether any Submission has been accepted or rejected. There is a limit of one (1) Submission per person or e-mail address per calendar day. Subsequent Submissions will be disqualified. Contestants attempting to submit more than one (1) Submission per day through multiple email addresses or identities will be disqualified.
By entering a Submission, each Contestant agrees that the Submission conforms to the Submission Guidelines and Requirements as defined in Section 4 (collectively, the "Guidelines and Requirements"), and that Sponsor may remove a Contestant’s Submission and disqualify any Contestant from the Contest if Sponsor believes, in its sole and absolute discretion, that a Submission fails to conform to the Guidelines and Requirements or any other provision of these Official Rules. If Sponsor rejects any Submission, in its sole and absolute discretion, such Submission will not be considered a valid Submission.
Each Contestant acknowledges that other Contestants may have used ideas and/or concepts in his/her Submission that may be similar in idea or concept to what is included in another Contestant’s Submission. Each Contestant understands and agrees that he/she shall not have any claim against any other Contestant or Sponsor arising out of any such similarity or be entitled to any compensation because of any such similarity.
Any attempted form of participation in this Contest other than as described herein is void. Although all Submissions may be reviewed by Sponsor’s designee before being judged, posted, or published, the posting or publication of a Submission does not mean the Submission complies with these Official Rules.
By entering a Submission, each Contestant grants Sponsor a non-exclusive license to use, modify, publish, display, or otherwise exhibit his/her Submission anywhere in the world in any media or format, including, but not limited to, incorporating the Submission into any other materials for any purpose. If requested, Contestant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights contestant is granting to use the Submission. Contest Entities are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed, or misdirected Submissions – all of which will be void. In the event of a dispute as to any Submission, the authorized account holder (determined at time of the entry) of the e-mail address used to make the Submission will be deemed to be the Contestant and must comply with these Official Rules. The "authorized account holder" is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e- mail addresses for the domain associated with the submitted address. Each Contestant may be required to show proof of being the authorized account holder.
4. SUBMISSION GUIDELINES AND REQUIREMENTS: Each Submission:
A. Must be in English;
B. Must include at least 4 recipes
C. Must contain a Description of at least 100 words and not exceeding 250 words;
D. Must not disparage Sponsor or any other person or party affiliated with the promotion and administration of this Contest;
E. Must not include personally identifiable information;
F. Must not in any way contain any logos, brand names, or trademarks other than Sponsor’s, which Sponsor has granted Contestant a limited license to use for purposes of this Contest as set forth in Section 5 of these Official Rules;
G. Must not contain material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous, or libelous;
H. Must not contain material that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and
I. Must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any jurisdiction where Submission is created.
NOTE: If any Submission fails to comply with any of these Entry Guidelines and Requirements or any other provisions of these Official Rules, Sponsor/Administrator reserve the right to disqualify the Contestant and the Submission may be removed from the Contest.
Each Contestant represents and warrants that the Submission does not violate any third party’s intellectual property rights as referenced above, and, in connection thereto, each Contestant hereby releases, discharges, and holds the Contest Entities and their respective directors, members, shareholders, officers, employees, agents, successors, and assigns, harmless from and against any and all claims of any kind relating to this Contest or use/misuse of any prize, including, but not limited to, any and all claims resulting from the infringement of a third party’s intellectual property rights or right of publicity.
5. SPONSOR’S IP/LIMITED LICENSE: Sponsor grants eligible Contestants a limited, revocable, non-sublicensable license to use Sponsor’s name, product, trademarks, and logos (collectively, “Sponsor’s IP”) for the sole purpose of participating in this Contest. Contestants are not permitted to make any further use of Sponsor’s IP for any purpose whatsoever. In addition, Contestants recognize that all right, title, and interest in Sponsor’s IP shall vest exclusively to the Sponsor, and Contestant agrees that he/she has not and will not take any action that might harm or adversely affect such rights. No right, title, or interest in and to the Sponsor’s IP except for the limited license granted to Contestant in these Official Rules is transferred or created. Each Contestant further acknowledges and agrees that Sponsor’s IP rights are valid and enforceable, and that Contestant shall do nothing to challenge the validity or enforceability of Sponsor’s IP in any forum. Contestants agree that the use of Sponsor’s IP is permitted only for the purpose of making a Submission for submission in this Contest, and that any use of Sponsor’s IP (whether in the Submission or otherwise) beyond this scope infringes the rights of Sponsor and will result in irreparable harm to Sponsor.
6. VOTING AND SELECTION OF THE WINNER: During the Voting Phase go to www.cookmore.com/contests and vote for the best Entry posted (hereinafter, individually defined as “Vote” and collectively defined as “Votes”). At the time of the Vote, entrants will be required to sign in, hence submitting a valid email address and date of birth. An email address may only be used to submit one (1) Vote regardless of the number of persons who share the same email address. Limit one (1) Vote per person/email address per posted Entry per Day during the Voting Phase. One (1) person may only submit one (1) Vote per posted Entry per Day and may not submit multiple Votes for the same Entry posted using a different email addresses. Voting must be completed by the actual person casting the Vote. An individual may not Vote on behalf of another person. Subsequent Votes for the same posted Entry during one (1) Day by a single Voter or email address will be disqualified. Votes generated by script, macro or other automated means or any other means intended to impact the integrity of the voting process as determined by Sponsor in Sponsor’ sole discretion are void. Payment or other consideration in exchange for Votes is prohibited. The Voting process is subject to all applicable federal, state and local laws and regulations. Sponsor is not responsible for incorrect/inaccurate Voting information. Sponsor reserves the right, in its sole discretion, to modify, terminate, or suspend the Voting or void any Vote should a virus, bug, non-authorized human intervention, action of Voter, or other cause corrupt or impair the administration, security or fairness of the voting or Sweepstakes. If the voting process is terminated early by Sponsor, Sponsor reserves the right to select the winner based on the number of Votes received up to the time of Sweepstakes termination. The decision of the Sponsor with respect to the receipt of the Votes, and the invalidation or disqualification of any suspected Votes, shall be final and binding.
7. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”):
A. First Prize (1): The First Prize Winner, selected by highest number of votes, will receive $3,000-worth of Kenmore appliances (specific models selected by Sponsor in its sole and absolute discretion). Total ARV of the First Prize is $3,000.
B. Voting Prize (5): Five (5) Vote Prize Winners, selected though a random drawing of vote submissions, will receive printed copies of the cookbook they voted for, a Kenmore Centennial Anniversary Cookbook, and a cookbook stand. Total ARV of the First Prize is $80.
8. HOW TO CLAIM PRIZE: On or about December 12 the potential First Prize Winner will be notified via e-mail by Sponsor or its authorized designee at the e-mail address submitted when entering the Contest. Before being declared a First Prize Winner, the potential First Prize Winner will be required to execute an Affidavit of Eligibility/Liability & Publicity Release and tax acknowledgment (“Affidavit”), sent with the e-mail notification. The potential First Prize Winner must return a fully executed and notarized Affidavit to the Sponsor or its authorized designee within five (5) calendar days from the date it is postmarked as being sent or the First Prize may (in Sponsor’s sole discretion) be forfeited. If the potential First Prize Winner is disqualified, found to be ineligible or not in compliance with these Official Rules, declines to accept the First Prize, or in the event that the potential First Prize Winner fails to return an executed and notarized Affidavit within the five (5) calendar day deadline or the First Prize is returned undeliverable, the First Prize may be forfeited, and in the Sponsor’s sole discretion, the forfeited First Prize may be awarded to an alternate First Prize Winner, named in order of highest cumulative score from among the remaining Contestants, as determined by Sponsor in its sole and absolute discretion. Sponsor is not responsible for any winner’s privacy or spam filter settings which may divert any Contest message or e-mail, including any winner notification, to a spam or junk folder
Within 2 to 3 weeks of verification of eligibility and compliance with these Official Rules, an agent of the Sponsor will contact the First Prize Winner for travel booking. Contest Entities shall not be held responsible for any delays in awarding a prize for any reason. The right to receive a prize is non-assignable and non-transferable and no prize substitution, exchange, or cash equivalent will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of prize or force majeure. First Prize is not redeemable for cash nor are any prizes transferrable. Each winner is solely responsible for all costs and expenses associated with a prize that are not stated in these Official Rules. All federal, state, and local taxes imposed on the acceptance of a prize are solely the responsibility of each winner.
Acceptance of a prize shall constitute and signify the First Prize Winner's agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photo, video, Submission, and/or prize information in connection with Contest, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission, or other consideration, except where prohibited by law.
9. RELEASE: By acceptance of the Prize, the Winners hereby release and agrees to indemnify and hold harmless the Contest Entities, from and against any and all costs, claims, 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, false advertising, intellectual property right infringement), due in whole or in part, directly or indirectly, to participation in the Contest including attachment of any photograph, or arising out of participation in any Contest or prize related activity.
10. LIMITATION OF LIABILITY: The Contest Entities are not responsible for illegible, lost, late, incomplete, stolen, misdirected, postage due, or undeliverable, e-mail, or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical, mechanical, or typographical or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. The Contest Entities are not responsible for any incorrect or inaccurate information, whether caused by any web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Contest and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Website or any web site(s). The Contest Entities are not responsible for any injury or damage, whether personal or property, to participants or to any person's computer related to or resulting from participating in this Contest. If, for any reason, the Contest is not capable of running as planned, Sponsor reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Contest and/or proceed with the Contest, including the selection of winners, in a manner it deems fair and reasonable including the selection of the winners from among eligible Submissions received prior to such cancellation, termination, modification or suspension.
THE CONTEST ENTITIES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AS REGARDS TO THE PRIZE OR ANY COMPONENTS OF THE PRIZE. VOID WHERE PROHIBITED, AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES. A CONTESTANT MUST CHECK LOCAL LAWS TO LEARN IF ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. Further, the Contest Entities are not responsible for, and shall be indemnified by winners from and against any and all claims of any kind relating to this Contest or use/misuse of a prize, including, but not limited to, any and all claims, injuries, losses or damages of any kind resulting from the acceptance, possession, or loss of a prize.
In addition, the Contest Entities are not responsible for and shall be defended, indemnified, held harmless, and released by each winner from and against any and all claims of any kind relating to this Contest, including, but not limited to, any and all claims, liabilities, lawsuits, judgments, causes of action, proceedings, injuries, death, losses, costs, expenses, or damages of any kind resulting from, in connection with, or arising from acceptance, receipt, delivery, use, nonuse, misuse, defect in, inability to use, possession, or loss of a prize. The Contest Entities shall not be liable to any winner or any other person for any part thereof, by reason of any acts of God; any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entities (whether or not they prove to be valid); equipment failure; terrorist acts; earthquake; fire; flood; war; explosion; unusually severe weather; hurricane; embargo; labor dispute or strike (whether legal or illegal); labor or material shortage; transportation interruption of any kind; work slow-down; civil disturbance; insurrection; riot; or any other cause beyond Sponsor’s sole control. As a condition of participating in this Contest, each Contestant agrees to release, defend, indemnify, and hold harmless the Contest Entities from and against any injuries, death, losses, costs, expenses, damages, claims, judgments, causes of action, and any liability of any kind in connection with, resulting from or arising from the Contest, participation in the Contest, including, without limitation, acceptance, receipt, delivery, possession, use, misuse, inability to use, defect or nonuse or loss of the prize that may be awarded.
11. DISPUTES: EXCEPT WHERE PROHIBITED BY LAW, THIS CONTEST IS GOVERNED BY AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF MICHIGAN, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE COUNTY OF OAKLAND, MICHIGAN. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN MICHIGAN. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN OAKLAND COUNTY, MICHIGAN. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION ACCRUED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
Further, Contestants hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect, and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of pocket costs; and (ii) have damages multiplied or otherwise increased. Contestants agree that the rights and obligations of any entrant and/or Contest Entities and/or any other party shall be resolved individually, without resort to any form of class action.
13. PUBLICITY RIGHTS: By entering the Contest and/or accepting a prize, Contestants agree to allow Sponsor and/or Sponsor's designee the perpetual right to use their name, biographical information, Submissions, photos, and/or likeness, and statements for promotion, trade, commercial, advertising, and publicity purposes, at any time or times, in all media now known or hereafter discovered including live television, worldwide, including, but not limited to, on the World Wide Web and Internet, without notice, review, or approval and without additional compensation, except where prohibited by law.
14. GENERAL: By participating in this Contest, Contestants agree to abide by and accept these Official Rules throughout the Contest and the decisions of Sponsor or Administrator, which shall be final and binding in all matters relating to this Contest. Contestants waive any right to claim ambiguity in these Official Rules. Winning a prize is contingent upon satisfying all the requirements set forth in these Official Rules. In no event will more prizes be awarded than are stated in these Official Rules. Sponsor reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Contest; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Contest. Any use of robotic, automatic, macro, programmed, third party, or like methods to participate in the Contest will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: 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, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. Sponsor’s and/or Administrator’s and/or PrizeLogic’s interpretation of these Official Rules is final and binding in all matters related to the Contest. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. All Submissions and/or materials submitted become the property of Sponsor and will not be returned. The Contest is void in all jurisdictions except those specifically included herein and wherever restricted or prohibited by law. In the event of any conflict with any Contest details contained in these Official Rules and Contest details contained in promotion material (including, but not limited to, point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Contest as set forth in these Official Rules shall prevail.
15. WINNERS LIST: For a list of the names of the winners, send a self-addressed, stamped business size envelope to: Kenmore Merriest Menu Contest Winners List Request, 3333 Beverly Rd, DC-211B, Hoffman Estates, IL. Winners List requests must be received no later than November 15, 2014.
SPONSOR: Sears Holdings Management Corporation, 3333 Beverly Rd., Hoffman Estates, IL 60179.
Kenmore® is a registered trademark of Sears Brands, LLC.
© 2013 Sears Holdings Management Corporation. All rights reserved.