“Love Pasta Again” Contest
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. PARTICIPATION CONSTITUTES PARTICIPANT’S FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE OFFICIAL RULES. VOID WHERE PROHIBITED.
I. PROMOTION PERIOD: The “Love Pasta Again” Contest (the “Contest”) begins on or about 12:00:01 p.m. Eastern Time (“ET”) on April 16, 2015 (“Start Date”) and ends at 11:59:59 p.m. ET on June 21, 2015 (the “Promotion Period”). The Contest is sponsored by Gabriella’s Kitchen 30 Gunns Road, Toronto, ON M6N 3S5 Canada (the “Sponsor” and “Prize Supplier”). The official clock for purposes of the Contest is the computer of the Sponsor.
II. ELIGIBILITY: The Contest is open solely to legal residents of the fifty (50) states in the United States and the District of Columbia, who are eighteen (18) years of age or older (exceptions-must be 19 years of age or older for those that reside in the states of Alabama, Delaware, Nebraska, and 21 years of age or older in state of Mississippi) as of the Start Date. Officers, members, directors and employees of the Sponsor, and any of their respective parent companies, affiliated companies, subsidiaries, dealers, franchisees, licensees, distributors, suppliers, subsidiaries, participating retailers, advertising / promotion / judging agencies, persons engaged in the development, production or distribution of materials for this Contest (collectively, the “Released Parties”) and the immediate family members (defined as spouse, parents, grandparents, children, grandchildren, siblings, – whether biological, adopted, step or in-law) of such individuals, or persons living in the same household as such individuals (whether related or not), are not eligible to participate in the Contest. The Contest is subject to all applicable federal, state, and local laws and regulations. Participation constitutes Participant’s full and unconditional agreement to these Official Rules and Sponsor ‘s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. Void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, and where prohibited, taxed, or restricted by law.
III. HOW TO ENTER: To participate in the Contest, each participant (“Participant”) will be required to visit the “Love skinny pasta” Contest page at either Facebook address (www.facebook.com/skinnypasta) or twitter address (www.twittter.com/skinnypasta) (each a “Website”). To enter the Contest, each Participant must upload an original Photo (“Photo”) to hashtag #skinnypastastar which demonstrates adherence to the Contest theme, “Loving skinny pasta” (the “Theme”), and follow on the respective platform (this will provide Participant information that will allow the Sponsor to contact the winners). The submitted Photo can have up to four people (including the Participant) in the Photo. The Participant will need to have signed consent of all people in the Photo. Posting a photo to hashtag #skinnypastastar constitutes Participant’s agreement to these Official Rules. Photos must be in the file formats and sizes specified by the respective software application. The Participant is responsible for all costs associated with taking and uploading the photo. Each eligible Photo submission received during the Promotion Period, will result in the Participant receiving one (1) entry into the Contest (an “Entry”). There is a limit of five (5) entries per person between April 16, 2015 and April 21, 2015. There is also a limit if of five (5) entries per person between April 22, 2015 and June 21, 2015.
All required information must be completed to enter and to be eligible to win. Incomplete entries will be disqualified. Internet entries must be made by the Participant only at the Website or aforementioned address. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, but not limited to, commercial Contest subscription notification and/or entering service sites, will be declared invalid and disqualified for this Contest. Sponsor reserves the right, in its sole discretion, to void any and all entries of a Participant that submits more than the stated maximum limit of entries by using multiple / different addresses, identities, or any other methods, or who Sponsor believes has attempted to tamper with, influence or impair the administration, security, fairness, or proper play of this Contest. Proof of entering information is not considered proof of delivery to or receipt by Sponsor of an entry. The use of automated entry devices is prohibited and no mechanically reproduced entries are allowed; all such entries are void. Released Parties are not responsible for: lost, late, incomplete, illegible, incorrect, damaged, delayed, garbled, undelivered, or misdirected entries, which will be disqualified. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. Sponsor (or its designee) will be reviewing all Photo submissions.
IV. PHOTO RIGHTS AND REQUIREMENTS: By entering this Contest, Participants agree that each Photo entry becomes the property of Sponsor and that the Sponsor may use such Photo for any proper purpose. Any personally identifiable information collected during an entrant’s participation in this Contest will be collected by Sponsor and used by Sponsor, their respective affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Contest as described in these Official Rules.
Each Photo, and the components thereof, must be the original work of the Participant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity and must have been created in a legal and safe manner. If a photo includes the image of a child under the age of 13, the photo must also include an image of his/her parent/legal guardian. An original is the product of one’s own mind and is not a copy or imitation. If the Photo contains any material or elements that are not owned by the Participant and/or are subject to the rights of third parties, the Participant is responsible for obtaining, prior to submission of the Photo, any and all releases and consents necessary to permit the use and exhibition of the Photo and all of the components thereof by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness releases for any person who appears in or is identifiable in the Photo, and permission to reproduce, distribute, publicly display or otherwise use the Photo (collectively, the “Clearances”). By submitting a Photo, Participant warrants, represents and consents to the submission and use of the Photo in the Contest, and to its posting on the Internet in connection with the Contest.
Photo entries may not contain any of the following: i) Materials which include or constitute trademarks, trade names, commercial product brands, designer insignia, logos, depictions, designs, likeness of any celebrity (living or dead), copyrighted works, or other content created or owned by any person or entity other than Participant (or Sponsor) or for which the Participant has not obtained owner’s permission to use; ii) Materials which contain phone numbers, website links, street addresses, e-mail addresses or license plate numbers; iii) Materials which contain profanities, vulgar language, lewd behavior, or are otherwise obscene or inappropriate for a general audience; iv) Materials which contain any depiction of real or simulated sexual acts; v) Materials which contain extensive or gratuitous violence; vi) Materials which depict illegal acts; vii) Materials which contain unsafe actions, or use of fire or other materials that may result in personal injury or destruction of property; viii) Materials which violate anyone’s privacy rights, violate any confidentiality or employment agreement, or which are defamatory; ix) Materials which are derogatory, inappropriate, indecent, obscene, hateful, tortuous, libelous, or slander the Sponsor, or any affiliated entity or person; x) Materials which promote bigotry, racism, hatred or harm against any group or individual, or are discriminatory based on race, religion, national origin, physical disability, age, gender, or sexual orientation or preference; xi) Materials in which any person identifiably appears where no appropriate written release has been obtained from such person granting all rights required herein; xii) Materials which contain any computer virus, worm or other harmful computer programming; xiii) Materials which do not comport with the Entry requirements; and xiv) Materials which Sponsor, in its sole discretion, deems to be otherwise objectionable. Entries which do not conform to these guidelines will be disqualified. Sponsor further reserves the right, in its sole and unfettered discretion, to verify at any time during the Contest that all necessary Clearances have been obtained and to disqualify and remove any Photo if it believes that the necessary Clearances have not been obtained.
By submitting a Photo, Participant retains the copyright to his or her Photo and irrevocably assigns, conveys and otherwise transfers to Sponsor, its successors, and assigns any and all right, title, and interest in perpetuity throughout the world in and to the Participant’s Photo, including, without limitation, the exclusive right to edit, change, revise, reproduce, display, perform, publish, distribute, license, sublicense, and sell the Photo in whole or in part, and to prepare, use, and exploit derivative works or improvements thereof, in all forms and media now or hereafter known, including material in digital and electronic media, computer, audio and audiovisual versions, and translations and adaptations, all in any language throughout the world and in Sponsor’s sole discretion in perpetuity. Without limiting the foregoing, Participant hereby waives and releases Sponsor, from any and all claims that Participant may now or hereafter have in any jurisdiction based on such “moral rights” or “droit moral” or unfair competition with respect to Sponsor’s exploitation of the Photo without further compensation to Participant of any kind. Participant agrees that email shall satisfy any writing requirement that may apply to the assignment, conveyance, transfer, license, or waiver of any of the aforementioned rights. Participant shall execute and deliver documents supplied by the Sponsor, at Sponsor’s expense, as may be necessary to vest in Sponsor the rights and waivers provided herein. Participant agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor or its affiliates, or any other person, on the grounds that any use of the Photo, or any derivative works, infringe or violate any of Participant’s rights therein. Participant grants the Sponsor and its agents the right to associate the Photo with Participant’s name, image, likeness, hometown, biographical information, and employer name/city/state, without limitation and without compensation. Participant shall not receive any compensation or credit for Sponsor’s use of entries, other than that disclosed in these Official Rules.
By submitting a photo entry, each Participant warrants that the Photo: (1) does not infringe any copyright, (2) does not invade anyone’s privacy, (3) does not libel or slander anyone, (4) does not contain behavior inappropriate for a general audience, and (5) is original and has not previously been published. An original is the product of one’s own mind and is not a copy or imitation.
V. USE OF PERSONAL INFORMATION/OPT IN: By entering via the Sponsor’s application page (“Website”), you consent for the Sponsor to obtain, use, and transfer your name, address and other information for the purpose of administering this Contest; the information that you provide in connection with the entry process will be used by Sponsor only, and will not be sold or provided to another company. You are authorizing the Sponsor to send you emails, regarding products and services. You may opt out of receiving future e-mails from Sponsor by clicking on the link contained in the most recent e-mail received. You will remain eligible for this Contest whether or not you opt out of receiving promotional e-mails from Sponsor.
VI. LIMITATIONS OF LIABILITY: If this Contest is not capable of running as planned for any reason, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Contest, in whole or in part, at any time, without notice and award the prizes using all non-suspect eligible entries received as of or after (if applicable) this termination or suspension date. Any person who supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law. Released Parties assume no responsibility for any incomplete, incorrect, or inaccurate information, whether caused by Website users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer (or any information/material stored therein) relating to or resulting from participation in this Contest or downloading any materials in this Contest. CAUTION: ANY ATTEMPT TO DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND 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. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
VII. PRIZES: There will be up to sixteen (16) Grand Prizes available to be awarded. Eight (8) Grand Prize winners will be determined from Entries received between April 16, 2015 and April 21, 2015, and eight (8) Grand Prize winners will be determined from Entries received between April 22, 2015 and June 21, 2015. Each Grand Prize Winner will receive a $1,000 cash award (to be awarded as a check). The Approximate Retail Value (“ARV”) of each Grand Prize is $1,000. Grand Prize winners may be featured on the billboards that display them as winners of the Contest. Maximum Total Prize Pool – $16,000
VIII. PHOTO CONTEST WINNER DETERMINATION: Each Photo entry will be judged by a qualified judge (or panel of judges) selected by the Sponsor in its sole discretion whose decisions are final and binding. Each Photo entry will be judged according to the clear relationship between the Photo Entry to the Theme provided based upon the following criteria: relevance and adherence to the Theme, Quality of Photography, Degree of Physical Fitness, Originality, Creativity of facial expression and pose, and Degree of positivity and inspiration. There will be a maximum of eight (8) Grand Prize winners selected from photo entries received between September April 16, 2015 and April 21, 2015 and a maximum of eight (8) Grand Prize winners selected from photo entries received between April 22, 2015 and June 21, 2015.
Each Grand Prize winner will be notified with 1-2 days following the close of the aforementioned Entry segments by phone and/or e-mail. Upon initial notification and verification of a prize winner, confirmation will be sent to the prize winner via e-mail, or other home delivery service of Sponsor’s choice.
IX. PRIZE TERMS AND CONDITIONS: The prize winners are required to comply with any and all applicable federal, state and local laws, rules and regulations. Except where prohibited, the each prize winner will be required to sign an Affidavit of Eligibility and Liability/Publicity Release and proof of identity (collectively, the “Prize Acceptance Release”), and return it within three (3) days of written notification. If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if potential winner cannot be reached within three (3) calendar days from the first notification attempt, if potential winner fails to return requisite document within the specified time period, and/or if a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and an alternate winner will be selected for the prize at issue, time-permitting. To claim a prize, you will be required to provide your correct full-name, mailing address, date of birth, telephone number and/or e-mail address. The Prize Acceptance Release is subject to verification by Sponsor and all potential winners are subject to verification before any prize will be awarded.
The Sponsor and Released Parties have not made any warranty, representation or guarantee, expressed or implied, in fact or in law, with respect to any prize awarded and specifically disclaim all such warranties, including, without limitation, any warranty of merchantability or fitness for a particular purpose. The prize is awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND either expressed or implied. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, or redeemable for cash except in Sponsor’s sole discretion. Prize details and availability are subject to change. There are no substitutions unless specified by the Sponsor. The Sponsor reserves the right at its sole discretion to substitute any prize (or prize component) with another prize (or prize component) of equal or greater value. Prizing may be fulfilled by a third party. The Sponsor and Released Parties are not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any prize awarded in this Contest.
The prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive. The stated “ARV” of the prizes is based on available information provided to Sponsor, and any difference in ARV at the time of awarding will not be awarded, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. A prize winner will be required to provide Sponsor with a valid social security number (should the ARV of the respective prize be equal or greater than $600) before a prize will be awarded for tax reporting purposes. An IRS Form 1099 will be issued in the name of each Grand Prize winner for the total ARV of the Prize, as stated above, in the calendar year the prize was won. All properly claimed prizes will be awarded.
Each winner’s acceptance of a prize constitutes permission (except where prohibited) for the Sponsor to use the winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state) for any and all public relations, advertising and/or promotional purposes as determined by Sponsor, in all forms of media and by all manners (now and hereafter known), in perpetuity, without notice, consent, review or approval or further compensation.
X. MODIFICATION: In no event will Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules. If for any reason Sponsor determines, in its sole discretion, that the Contest is no longer capable of running as intended by these Official Rules for any reason whatsoever, Sponsor reserves the right to terminate, suspend, postpone, delay or modify the Contest, in whole or in part, including, but not limited to, any occurrences described in Rule No. VI above, or any other causes which may corrupt or impair the integrity, security, fairness or proper conduct of the Contest. If Sponsor determines that more prize claims are submitted or more prize notices are distributed than the number of prizes offered in these Official Rules, Sponsor shall immediately suspend the Contest and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor. For example, Sponsor may select a weekly winner(s) in a random drawing from among the eligible entries received up to the time of the impairment or conduct a random drawing among all legitimate prize claimants, and neither Sponsor, the Administrator nor any of the Released Parties shall have any further liability to any Participant in connection with the Contest.
XI. RELEASES: All Participants, as a condition of participation in this Contest, agree to indemnify, release and hold harmless Sponsor, Facebook, Inc., Twitter, Inc., and Released Parties from and against any and all liability, claims, damages, injuries or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with: (a) accessing the Sponsor’s Website; (b) participating in any aspect of the Contest, including, without limitation, while preparing for, participating in and/or traveling to or from any prize or Contest-related activity, including, without limitation, any injury, damage, death, loss or accident to person or property; (c) the receipt, ownership, possession, use or misuse of any prize awarded; (d) viruses or any downloading or other problems with the Contest Application, or; (e) any typographical or other error in these Official Rules or the announcement of offering of any prize. Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize, except for any express manufacturer’s warranty as may be included with the prize. Prize winners bears all risk of loss or damage to his/her respective prize after it has been delivered.
XII. GOVERNING LAW/ DISPUTES: Except where prohibited, as a condition of participating in this Contest, each Contestant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of, or connected with this Contest, or any prizes awarded, or the determination of Winners shall be resolved individually (without resort to any form of class action and with the understanding and agreement that these Official Rules shall apply), and shall be submitted to arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. Further, in any such dispute, under no circumstances will a Contestant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Contestant’s actual out-of-pocket expenses (e.g., costs associated with entering this Contest), and Contestant further waives all rights to have damages multiplied or increased. The arbitration shall be conducted in the State of Ohio, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. In the event that arbitration is prohibited in a particular state/territory then any such claim shall be brought and maintained in the federal or state courts of the State of Ohio, in the City of Cleveland. Any dispute or claim arising out of this Contest, shall be governed by the laws of the State of Ohio, without respect to conflicts of laws principles.
IN NO EVENT WILL SPONSOR, ITS PARENT AFFILIATES, SUBSIDIARIES, RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS CONTEST, INCLUDING PARTICIPANT ACCESS TO OR USE OF THE SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURSIDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
XIII. OFFICIAL CONTEST RULES REQUEST: For a copy of these Official Rules, send a request specifying Official Rules along with a self-addressed, stamped envelope postmarked by June 21, 2015 and received by June 28, 2015 and mail to: Compliance/“Love Pasta Again” Contest Official Rules, 106 Elm St, Stonington, CT 06378.
XIV. WINNERS LIST REQUEST: To request confirmation of the name and city/state of residence for the prize winners, please send a self-addressed, stamped business size envelope, by August 1, 2015, to: Compliance/“Love Pasta Again” Contest Winners List, 106 Elm St, Stonington, CT 06378. Requests that are incomplete, or received after August 1, 2015 will not be acknowledged or returned.
XV. SPONSOR: Gabriella’s Kitchen 30 Gunns Road, Toronto, ON M6N 3S5 Canada