2018 Create the Next Kayem Fenway Frank Contest Official Rules

Transcription

1 2018 Create the Next Kayem Fenway Frank Contest Official Rules NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THE CONTEST. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. Eligibility: The 2018 Create the Next Kayem Fenway Frank Contest (the "Contest") is open to legal residents of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont who are at least eighteen (18) years of age at the time of entry, except employees, officers, or directors (and the immediate families or household members of such persons) of Kayem Foods, Inc. ("Sponsor"), the MLB Entities (defined below), Commonwealth Hotel Kenmore Square, and each of their respective parent, subsidiary or affiliated companies, and any advertising, promotion or other agency or supplier involved in any way with this Contest (collectively, Contest Entities ). The MLB Entities means the Office of the Commissioner of Baseball ( BOC ), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. ( MLBAM or MLB.com ), Major League Baseball Properties, Inc., BAMTech, LLC, The MLB Network, LLC, the Major League Baseball Clubs ( Clubs ), each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC, and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities. Void outside the states listed above and where prohibited or restricted by law, rule or regulation. The Contest is subject to all applicable federal, state and local laws and regulations. Contest Period: The Contest begins on 4/30/18, at 12:00:01 a.m. Eastern Time ( ET ), and ends on 5/13/18, at 11:59:59 p.m. ET (the Contest Period ). How to Enter: Create an original recipe for the next Fenway Frank using a Kayem Foods frank and no more than five (5) other ingredients. Then, visit ( Website ) to complete the entry form and submit your recipe. All fields must be completed. Incomplete submissions are void. Entry Requirements: Each recipe entry must (i) be the entrant's own creation that does not infringe or violate the rights of anyone else; (ii) use ingredients that are readily available in most well-stocked kitchens or food stores; (iii) include specific instructions including exact measurements for each ingredient and step-by-step directions for recipe preparation; (iv) be capable of successful preparation by a Sponsor representative; and (v) be in English. Recipes must not (i) feature or refer to any branded products other than Kayem Foods or require a specific brand of any third-party product or ingredient; (ii) contain any copyrighted works or trademarks (other than those owned by the entrant or Sponsor); or (iii) defame or libel Sponsor or any third party. Failure to meet any of the requirements above, or to otherwise comply with these Official Rules, may result in disqualification. Sponsor reserves the right to delete or edit any inappropriate content from a recipe without disqualifying the entry where, in Sponsor s determination, such change does not materially alter the recipe and the entrant has otherwise attempted in good faith to comply with these Official Rules. Sponsor may post or not post any recipe on the Website or in any other form of communication in its discretion. You may enter a maximum of one (1) recipe in the Contest. Excess entries will be disqualified. If two or more entrants submit substantially similar recipes, the judges will use the creativity of the name, the explanation of the recipe, photos submitted and any additional background information to decide which, if any, recipe will move on to the next round (see judging/selection of winners). Entries will not be acknowledged or returned. Page 1 of 5

2 In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the authorized account holder of the address used to submit the entry. "Authorized account holder" is defined as the natural person who is assigned to an address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning addresses for the domain associated with the submitted address. Judging/Selection of Winners: Initial Judging: A panel of expert judges ( Judges ) will review all recipes using the following criteria: 34% creativity (most original or unique) 33% best adherence to the theme of Fenway Franks, and 33% taste profile/compatibility with Fenway Park s menu to determine a maximum of up to five (5) finalists to be posted on the Website for public voting. Fewer than five (5) finalists may be selected in the event insufficient qualified entries are received. In the event of a tie, the score for Taste profile/compatibility with Fenway Park s Menu will be used as the tiebreaker. Subject to verification of eligibly and compliance with these Official Rules, the eligible entrant that submitted the (a) highest-scoring entry will be declared the official grand prize winner and (b) the secondhighest-scoring entry will be declared the official runner-up prize winner of the Contest. The top 5 potential winners will be notified using the contact information provided at the time of entry on or about 5/18/2018. Potential winners may be required to sign an affidavit of eligibility and liability release and, where permitted, a publicity release, as well as an assignment transferring to Sponsor all right, title and interest in and to the submitted recipe. Potential winners may be required to appear at Fenway Park on or about July 13, 2018 for publicity purposes. Entry into this Contest constitutes agreement to sign such documents. Prize may be awarded to alternate winner if any requested document is not returned as requested within 2 business days, or if prize notification or prize is returned as undeliverable or a potential winner declines the prize for any reason or is found to not be eligible and/or otherwise in compliance with these Official Rules. Public Voting: From 12:00:01 a.m. ET on 6/18/18, to 11:59:59 p.m. ET on 7/1/18 ( Voting Period ), the public will have the opportunity to cast votes for their favorite of the finalist recipes on the Website. Voting instructions will be available on the Website. Limit one (1) vote per person/ address. Use of script, macro or any device to automate voting, hiring outsourced vote-farming services, paying for votes, or engaging in any other conduct deemed inappropriate, disruptive or unsportsmanlike as determined by Sponsor in its discretion, is prohibited, and any entries or votes received through such means will be void. Any attempt by any voter or entrant to submit or solicit more than the stated number of votes by using multiple/different addresses, identities or any other method will void that person s votes and entry (if any), and he/she may be disqualified from further voting or other participation in the Contest. Winner Selection: The judges will select one (1) potential grand prize winner and one (1) potential runner-up from among the finalists on or about 7/2/18, applying the following criteria: creativity (15%), best adherence to the theme of Fenway Franks (15%), taste profile/compatibility with Fenway Park s menu (60%), and public appeal/voting (10%). Judges decisions are final and binding on all matters relating to the Contest. In the event of a tie, the score for Taste profile/compatibility with Fenway Park s Menu will be used as the tiebreaker. Prizes: One (1) Grand Prize will be awarded. The grand prize winner will receive (a) one (1) Boston Red Sox jersey (Approximate Retail Value [ ARV ]: $100), (b) $1,000 spending money in the form of a gift card, (c) one (1) years worth of Kayem Product (awarded in the form of twelve [12] coupons each valid for one (1) package of Kayem Product) (ARV $95.88), (d) four (4) tickets for winner and three (3) guests for the Boston Red Sox home game played at Fenway Park on 7/27/18, (e) hotel accommodations at the Commonwealth Hotel Kenmore Square in Boston, MA (consisting of one (1) double-occupancy, standard room) for one (1) night on 7/27/18 (ARV $400), and (g) the opportunity, subject to the rules and regulations of The Boston Red Sox Baseball Club Limited Partnership the ( Boston Red Sox ), Commonwealth Hotel Kenmore Square, and Aramark, for winner s recipe to be created and offered to customers at Fenway Park and the Commonwealth Hotel Kenmore Square in Boston, MA beginning approximately 7/27/18, through the remainder of 2018 Boston Red Sox regular season. TRANSPORTATION NOT INCLUDED. All transportation, lodging, meals, and other costs and expenses not otherwise identified herein are the responsibility of the grand prize winner, as are all federal, state and/or local taxes imposed as a result of acceptance of the grand prize. Major credit card Page 2 of 5

3 will be required at hotel check-in to cover any incidental expenses incurred by grand prize winner. Guests may be required to sign a liability release and, where permitted, a publicity release. If any guest is a minor under the laws of his/her state of residence, he/she must be accompanied by a parent or legal guardian who also must execute all documents on behalf of the minor. If winner cannot attend prizerelated events on specified dates, an alternate potential winner may be determined based on the next highest scored finalist entry from among those remaining eligible finalists. Dates are subject to change. No responsibility is assumed for cancellation or postponement of any prize-related event beyond Sponsor s control. One (1) Runner-Up Prize will be awarded. The runner-up winner will receive (a) $500 spending money in the form of a gift card, (b) one (1) years worth of Kayem Product (awarded in the form of twelve [12] coupons each valid for one (1) package of any Kayem product) (ARV $95.88), (c) two (2) tickets for winner and one (1) guest for the Boston Red Sox home game played at Fenway Park on 7/27/18, and (d) hotel accommodations at the Commonwealth Hotel Kenmore Square in Boston, MA (consisting of one (1) double-occupancy, standard room) for one (1) night on 7/27/18 (ARV $400). TRANSPORTATION NOT INCLUDED. All transportation, lodging, meals, and other costs and expenses not otherwise identified herein are the responsibility of the runner-up winner, as are all federal, state and/or local taxes imposed as a result of acceptance of the prize. Major credit card will be required at hotel check-in to cover any incidental expenses incurred by the runner-up winner. Guest may be required to sign a liability release and, where permitted, a publicity release. If the guest is a minor under the laws of his/her state of residence, he/she must be accompanied by a parent or legal guardian who also must execute all documents on behalf of the minor. If winner cannot attend prize-related events on specified dates, an alternate potential winner may be determined based on the next highest scored finalist entry from among those remaining eligible finalists. Dates are subject to change. No responsibility is assumed for cancellation or postponement of any prize-related event beyond Sponsor s control. Prizes are non-transferable, and no cash alternative or prize substitution will be allowed, except in Sponsor s discretion. A substitute of comparable or greater value may be awarded if the prize listed becomes unavailable for any reason. Each winner is responsible for all federal, state and/or local taxes, and for any other fees or costs associated with acceptance or use of its prize. Prize Conditions: Exact game date and seat locations at the game shall be determined by Sponsor at its sole discretion. Winners guests must be of legal age of majority in their jurisdictions of residence (and at least eighteen (18) years of age), unless accompanied by a parent or legal guardian. Major League Baseball game, event and exhibition dates and times are determined in the sole discretion of the Office of the Commissioner of Baseball and/or the applicable Major League Baseball Club, as applicable, and may be subject to change. The terms and conditions of the tickets awarded as part of any prize may govern in the event a legal game, event or exhibition, as defined by Major League Baseball, is not played or held, as applicable, due to weather conditions, an act of God, an act of terrorism, civil disturbance or any other reason. Each winner and his/her guest(s) agree to comply with all applicable ballpark and venue, as applicable, regulations in connection with the prize. Sponsor and the applicable MLB Entities reserve the right to remove or to deny entry to any winner and/or his/her guest(s) who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game, event or exhibition. Sponsor and the MLB Entities will not be responsible for weather conditions, 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 any Major League Baseball game, event or exhibition. Major League Baseball game, event and exhibition tickets awarded as part of the prizes may not be resold or offered for resale or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and forfeiture of prize, and may invalidate the license granted by the game, event or exhibition ticket(s). Sponsor may conduct a background check to confirm eligibility and compliance with these rules. By entering, you agree to cooperate reasonably with any such background check. Failure to cooperate may result in disqualification and selection of an alternate winner. If a potential winner or potential guest has engaged in or does engage in any conduct that could damage the reputation or business of any sponsor, as determined by Sponsor in its discretion, the potential winner may be disqualified and the prize may be awarded to an alternate winner, time permitting. Each potential winner and potential guest must also comply with all requirements for proper and appropriate behavior during any prize-related activities or events. Any inappropriate behavior, as determined by sponsor in its sole discretion, may result in removal from any activity or event. Contest Entities make no Page 3 of 5

4 warranties, express or implied, relative to the use or enjoyment of any prize (or any portion thereof) including, without limitation, its quality, merchantability or fitness for a particular purpose. Release of Liability: By participating, you release the Contest Entities and each of their respective employees, directors, and agents ("Released Entities"), from any and against any and all injury, loss or damage caused or claimed to be caused by your participation in the Contest and/or the acceptance, awarding, receipt, use and/or misuse of the prize, and you agree that Released Entities are not responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the Contest and/or the awarding of any prize, except as expressly set forth in these Official Rules. Arbitration/Choice of Law: Except where prohibited, entrants agree that any and all disputes, claims and causes of action arising out of or connected with this Contest shall be resolved exclusively by arbitration pursuant to the Rules of the American Arbitration Association then effective, and any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred by entrant with regard to this Contest, but in no event attorneys fees, punitive, incidental, consequential or other damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and sponsors in connection with the Contest shall be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to any choice of law or conflict of law rules or provisions (whether of Massachusetts or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Massachusetts. The courts of Massachusetts in Suffolk County shall be the exclusive forum for any dispute relating to these Official Rules and/or this Contest. All participants and winners agree, by their participation in the Contest, to submit to the personal jurisdiction of the courts of Massachusetts in Suffolk County. The invalidity or unenforceability of any provision of these Official Rules shall not affect the invalidity or unenforceability of any other provision so long as the general intent of these Official Rules remains in effect. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. License to Use Entries/Recipes: By entering this Contest and submitting your recipe, you irrevocably grant to Sponsor and its agents, Commonwealth Hotel Kenmore Square, and the MLB Entities the unconditional and perpetual non-exclusive right to post, display, publish, use, adapt, edit and/or modify such recipe in any way, in any and all media, for any purpose, without limitation, and without consideration to you. Winners agree, if requested, to irrevocably assign and transfer to the Sponsor any and all rights, title and interest in their winning recipe, including, without limitation, all copyrights and waive all moral rights in the recipe. Entry constitutes consent to the use of entrant s name, voice, picture and/or likeness, and recipe submitted as part of the entry process, in any and all media without restriction of any kind whatsoever, without compensation for promotion purposes, including but not limited to posting online and/or any publicity associated with the Contest. Additional Rules: No responsibility is assumed by Released Entities for any damage to your mobile device or computer system which is occasioned by participating in the Contest, or for any computer system, mobile device, hardware, software or program malfunctions, or other errors, failures or delays. Without limiting the generality of the foregoing, no responsibility is assumed by Released Entities for incomplete, illegible, misdirected, misprinted, forged, tampered with, altered, late, lost, damaged, or stolen submissions, prize notifications or other Contest materials, all of which are void; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Any individual who is found to be tampering with the entry process, voting process, or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or Page 4 of 5

5 to annoy, abuse, threaten or harass any other person, may be disqualified, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest, in whole or in part, if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other unintended circumstances have impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. If the Contest is terminated before the designated end date, Sponsor will (if possible) select winner(s) from all eligible, non-suspect entries unaffected by the problem. Data: Any information you submit is subject to the Sponsor s Privacy Policy at Winners List: For a list of the winners, available after 7/30/18, send a stamped, self-addressed envelope to: Kayem Foods, Inc., 75 Arlington Street, Chelsea, MA Sponsor: Kayem Foods, Inc., 75 Arlington Street, Chelsea, MA Major League Baseball trademarks, service marks and copyrights are proprietary to the MLB Entities. All rights reserved. This Contest is not produced, administered, sponsored or executed by any MLB Entity. Page 5 of 5