Submissions open05/01/2015 12:00:00 AM
Submissions end06/01/2015 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.
Eligibility: The “2015 Kenmore Cooking World Food Championship Contest” (“Contest”) is open only to individuals who at the time of entry are: (i) legal residents of the fifty (50) United States and the District of Columbia; and (ii) at least eighteen (18) years of age. Employees of Sears Holdings Management Corporation (“Sponsor”), and employees of Centra360 (“Administrator”) and these entities, parent companies, subsidiaries, affiliates, related companies and advertising and promotion agencies, and each of their respective officers, directors, employees and agents and assigns (collectively, “Released Parties”) and the families and/or household members of each of the above are not eligible to enter the Contest or win a prize. Contest is subject to all applicable federal, state and local laws and regulations. Void outside the United States, the District of Columbia and wherever prohibited or restricted by law. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Contest.
Sponsor: The Sponsor is Sears Holdings Management Corporation, 3333 Beverly Road, Hoffman Estates, IL 60179.
Administrator: The Administrator is Centra360, 1400 Old Country Road, Westbury, NY 11590.
Contest Period: The Contest will start on May 1, 2015 at 12:00:01 am Eastern Daylight Savings Time (”EDT”) and will end at 11:59:59 pm EDT on May 31, 2015 (“Contest Period”).
HOW TO ENTER: During the Contest Period, go to http://www.cookmore.com (“Contest Website”) and complete and submit the Registration Form as directed. Entrants will be required to: (A) Provide a valid email address; (B) Create an original “Barbeque” recipe (breakfast/brunch, lunch, dinner, appetizer, main dish, side dish, snack, dessert, or other) that is prepared with a Barbeque flavor and/or prepared on any Grill (the “Recipe”); (C) Upload a digital photograph of the prepared Recipe (the “Photo”); and (D) Submit one (1) Recipe Title and one (1) Description of at least one hundred (100) words and not exceeding two hundred and fifty (250) words about the Recipe’s history/heritage and why the Recipe is meaningful to you (the “Description”) (items A, B, C and D stated herein are individually referred to as “Entry” and collectively as “Entries”). The Recipe must list all ingredients available at most grocery stores and in exact common U.S. household measurements in order of use, step-by-step preparation and cooking/grilling instructions, cooking/grilling times and yield/number of servings. Photo files must be in .jpeg or .png format. Photo files in .zip format will not be opened or considered. No individuals may appear in the Photo. All Entries must be received by 11:59:59 PM EDT on May 31, 2015. You may enter as many times as you like, but each Recipe, Photo and Description must be original and different for each eligible Entry. Entries must be submitted in the English language.
Entries may not contain, as determined by Sponsor’s sole discretion, any content that:
• Is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; obscene or offensive;
• Promotes the underage consumption of alcohol; or promotes illegal drugs, tobacco, firearms/weapons, or any particular political agenda or message;
• Defames, misrepresents or contains disparaging remarks about other people or companies;
• 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;
• Contains any personal identification, such as license plate numbers, personal names (other than just first name), email or street addresses;
• Contain material that violates or infringes another's rights, including, but not limited to, privacy, publicity, or intellectual property rights, including copyright infringement, or legal or moral rights of any third party, living or deceased (e.g., names, logos, symbols, slogans from other people, or parodies of other people;
• Is inappropriate, indecent, lewd, pornographic, obscene, defamatory, slanderous, libelous, disparaging, immoral, profane, or not in keeping with Sponsor’s image;
• Includes any logos, brand names or trademarks other than Sponsor’s, which Sponsor has granted Entrants a limited license to use for purposes of this Contest; and/or
• Communicates messages inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.
Sponsor, in its sole discretion, reserves the right to disqualify any Entry that is deemed to be inappropriate or in violation of these Official Rules. Sponsor reserves the right to monitor Entries submitted.
INTELLECTUAL PROPERTY RIGHTS/WARRANTY: By participating in the Contest, each Entrant grants Sponsor and the Related Entities a perpetual, worldwide, irrevocable, exclusive, assignable, transferable, unqualified, unrestricted, royalty-free license and the right to edit, modify, publish, use, reuse, distribute, publicly display, copy and otherwise exploit the Entry or any part thereof (with or without the Entrant’s name and city/state), and any materials based thereon or derived from, in any manner and in any media (whether now known or later developed), for any lawful purposes whatsoever (noncommercial or commercial), including, without limitation, for use in the commercial packaging and point-of-sale materials, or for promotion, marketing or advertising of Sponsor, or any Related Entity, each of their respective brands and/or products in any medium (whether now or hereafter known) throughout the world in perpetuity without further permission, notification, consideration, or payment to the Entrant, except where prohibited by law. In addition, each Entrant forever waives in favor of Sponsor all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that may preclude the use of the Entry (or any part thereof) as granted herein, or require Entrant’s permission to use the Entry (or any part thereof) for the purposes stated herein. By submitting an Entry, each Entrant warrants and represents that his/her Entry is original and was created solely by him/her, that the Entry does not incorporate any material owned by any third party, and that use of the Entry as described herein will not violate any law or infringe upon the rights of any third party. If, in the sole discretion of Sponsor, the Entry violates any law or infringes upon the rights of any third party, is inaccurate, incomplete or irregular in any way, or otherwise does not comply with these Official Rules or is deemed inappropriate, the Sponsor may disqualify the Entry. To the maximum extent permitted by law, Entrant indemnifies and agrees to keep indemnified the Related Entities at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, Entrant agrees to defend, indemnify and hold harmless the Related Entities from and against any and all claims, actions suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from: (i) any Entry provided by Entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (ii) any misrepresentation made by Entrant in connection with the Contest; (iii) acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in the Contest; (iv) any non-compliance by Entrant with these Official Rules; (v) claims brought by persons or entities other than the parties to these Official Rules arising from or related to Entrant’s involvement with the Contest; (vi) any malfunction or other problem with the Contest site in relation to the Entry and participation in the Contest by Entrant; or (vii) any typographical or other error in the printing, offering or announcement of any prize or winners in relation to the Entry and participation in the Contest by Entrant.
By participating in the Contest, each Entrant acknowledges that his/her Entry may be posted on Sponsor’s or a Related Entity’s website or any social media platforms, including but not limited to Facebook, Twitter and Instagram, or in Sponsor’s sole discretion. Sponsor has no obligation to use or post any Entry you submit. The use of an Entry by Sponsor or any Related Entity does not have any effect on the winner selection process. Entries posted are the views/opinions of the individual Entrant and do not reflect the views of Sponsor or any Related Entity in any manner.
DIGITAL MILLENNIUM COPYRIGHT ACT: Once an Entry is submitted for the Contest, such Entry will be deemed made at the direction of the Entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. EACH ENTRANT REPRESENTS, UNDERSTANDS AND ACKNOWLEDGES THAT HE/SHE WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY (OTHER THAN THE PRIZE STATED HEREIN IF SELECTED AS A PRIZE WINNER) IN EXCHANGE FOR GRANTING SPONSOR OR THE RELATED ENTITIES THE RIGHTS SET FORTH HEREUNDER OR FOR ANY SUBSEQUENT USE OF SUCH SUBMISSION BY SPONSOR OR THE RELATED ENTITIES. If requested, Entrant will sign any documentation that may be required for Sponsor or its designees to make use of the Entry as set forth herein.
JUDGING CRITERIA/GRAND PRIZE WINNER SELECTION: One (1) potential Grand Prize Winner will be selected from among all eligible Entries received based on the following criteria: (i) Originality and Creativity of the Recipe (0-25 points); (ii) Appetite Appeal of the Recipe (0-25 points); (iii) Meaningful Description (0-25 points); and (iv) Completeness of the Entry (0-25 points) (i, ii, iii and iv, collectively, “Judging Criteria”). All Entries will be judged by a panel of judges to be designated by Sponsor whose decisions are final and binding on all matters relating to this Contest. In the event of a tie, the tied entrants will be re-judged by an additional judge who will serve as a tie-breaker using the same Judging Criteria as outlined above. In the event the same Recipe is submitted by more than one (1) entrant, only the first Entry received will qualify. In the event there are not enough qualified entries received in Sponsor’s sole discretion, Sponsor reserves the right not to select a Grand Prize Winner.
WINNER NOTIFICATION/PRIZE RELEASE: One (1) potential Grand Prize Winner will be required to complete and return to Contest Administrator an Affidavit of Eligibility and Liability and (where permitted) a Publicity Release within five (5) business days of notification. Potential Grand Prize Winner may be disqualified under any the following circumstances; i) if he/she cannot be reached by the Contest Administrator within the specified time period; ii) if the prize notification or e-mail correspondence is returned as undeliverable; iii) if he/she is found to be ineligible; and/or iv) if he/she cannot or does not comply with these Official Rules. In the event the potential Grand Prize Winner is disqualified for any reason, Sponsor will award that Prize to the next highest scoring entrant.
ONE (1) GRAND PRIZE: One (1) Grand Prize Winner will receive one (1) trip for Grand Prize Winner to participate in the World Food Championships located in Kissimmee, Florida beginning on November 3, 2015 and ending on November 10, 2015. The Grand Prize consists of round-trip economy class air transportation for Winner between major commercial airport nearest winner’s permanent residence (airline designated by Sponsor) and Orlando, Florida, up to eight (8) nights hotel accommodations (one standard single occupancy room) at a hotel designated by Sponsor, Entry Admission to participate and compete in the “Barbecue Category” of the 2015 World Food Championship and round trip ground transport between airport in Orlando, Florida and the hotel designated by Sponsor. The approximate retail value (“ARV”) of the Grand Prize: up to $4,500.00. Participation Requirements to participate and compete in the 2015 World Food Championship (hereinafter, “Event”) located at http://www.worldfoodchampionships.com/open-registration/world-barbecue-championship must be adhered to or Grand Prize Winner will be disqualified. The duration of the trip and the number of nights’ hotel accommodations will be determined based on the Grand Prize Winner’s standing during the 2015 World Food Championships. In the event the Grand Prize Winner gets disqualified during the 2015 World Food Championships “Barbecue Category” Preliminary Round scheduled to take place between November 4, 2015 and November 6, 2015 or any subsequent Round, he/she will be required to return home the same day of disqualification. Substitution of any 2015 World Food Championship Category is not allowed. The ARV of the prize is determined as of the date of printing of these Official Rules. The difference in value of the prize as stated herein and the value at time of prize notification, if any, will not be awarded. Grand Prize Winner must be available to travel between November 3, 2015 and November 10, 2015 or Grand Prize Winner will be disqualified and the Grand Prize will be awarded to the next highest scoring Entrant provided sufficient time remains prior to the start of the 2015 World Food Championships. The trip cannot be bartered or sold. In the event the Grand Prize Winner resides within one hundred (100) miles of Kissimmee, Florida, Sponsor will provide the Grand Prize Winner with round trip ground transportation between the Grand Prize Winner’s residence and Kissimmee, Florida in lieu of the round trip coach air transportation from major commercial airport nearest the winner’s residence. The dollar value difference between the round trip economy class air transportation and ground transportation will not be provided to the Grand Prize Winner. Grand Prize Winner is solely responsible for any and all expenses and incidental travel costs not expressly stated in the Grand prize description herein, including but not limited to ground transfers between Winner’s residence and airport of departure, ground transportation while in Kissimmee, Florida (not stated herein), in-room charges (e.g., mini-bar, room service, telephone, movies), meals and beverages, gratuities, travel upgrades, baggage fees, and personal incidentals. Grand Prize Winner will be required to provide a valid major credit card or some other acceptable form of payment, as determined in the hotel’s sole discretion upon hotel check and all in-room charges, telephone calls, meals, beverages, hotel upgrades, amenities, personal incidentals and any other expenses charged to the Grand Prize Winner’s hotel room will be charged to that major valid credit card or deducted from the deposit provided. The ARV of the Grand Prize will vary based on the commercial airport nearest winner’s permanent residence, the number of nights the Grand Prize Winner is required to stay at the hotel designated by Sponsor in order to compete in the 2015 World Food Championships as well as air transportation and hotel rate fluctuations at the time of travel. Grand Prize Winner agrees to comply with all applicable venue regulations in connection with the Event. Sponsor and the applicable venue representatives reserve the right to remove or to deny entry to the Grand Prize Winner who engages in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the Event. Grand Prize is non-transferable, is not redeemable for cash and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Grand Prize is taxable income to the winner and winner will be responsible for all taxes and fees associated with prize receipt and/or use, if any. Travel is subject to terms and conditions set forth in these Official Rules and those set forth by selected travel providers, availability and other material restrictions may apply. In the event, for whatever reason, the scheduled Event is cancelled prior to the trip or during winner’s trip, the Entry Admission to the Event and the opportunity for Grand Prize Winner to compete in the Event portions of the Grand Prize will not be awarded and Sponsor will not provide any compensation or substitution for those portions of the prize. Sponsor and Released Parties will not be responsible for Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of the Event or the trip to Kissimmee, Florida. Grand Prize Winner will be solely responsible for obtaining valid U.S. government photo identification prior to travel and the associated costs for these requirements. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Sponsor shall not be liable for any loss or damage to baggage. If the Grand Prize Winner becomes disabled or cannot otherwise fully enjoy the prize due to illness, Sponsor shall have the option at its sole discretion of being relieved of liability for fulfillment of the Grand Prize award and no other compensation in lieu of the prize will be awarded. Grand Prize Winner is responsible for obtaining his/her own medical and life insurance and the associated costs. All travel is subject to any and all restrictions instituted by the Department of Defense and/or Department of Homeland Security, as required.
RELEASE: By receipt of the prize, Grand Prize Winner agrees to release and hold harmless Sponsor, and its direct and indirect subsidiaries, suppliers, distributors, advertising/promotion agencies, and prize suppliers (if any), and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize and/or use of the Content.
PUBLICITY: Except where prohibited, participation in the Contest constitutes Grand Prize Winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown, state, submitted for promotional purposes in any media now known or hereinafter developed, worldwide, without further payment or consideration.
OWNERSHIP & LICENSE: Providing Content grants Sponsor and its agents the right to publish, use, adapt, edit and/or modify such Content in any way, in any and all media, without limitation, and without consideration to the entrant. Sponsor reserves the right to alter, change or modify the winning Content, in its sole discretion. By accepting the Grand Prize, winner agrees that his or her Content will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Content, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Content and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
LIMITATIONS OF LIABILITY: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any 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 or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest, if it is possible. If the Contest, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, shall determine a winner in a manner deemed fair and equitable by Sponsor. No more than the stated number of prizes will be awarded.
BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE CONTEST, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
GOVERNING LAW & JURISDICTION: The Official Rules and the Contest are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Illinois, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 12 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Illinois, in the City of Chicago.
NAME OF WINNER/OFFICIAL RULES: To obtain the name of the winner (available after June 15, 2015), or a copy of these Official Rules, send a self-addressed, stamped #10 envelope to: 2015 Kenmore World Food Championship Contest - Barbeque Category c/o Centra360, 1400 Old Country Road, Suite 420, Westbury, NY 11590. Please specify "Winners List" OR “Official Rules” on the outer envelope. Vermont residents may omit return postage. All requests must be received by July 31, 2015.