Thermador Ultimate Holiday Recipe Contest OFFICIAL RULES

Thermador Ultimate Holiday Recipe Contest

Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. MANY WILL ENTER. ONE WILL WIN. TOTAL APPROXIMATE RETAIL VALUE OF ALL PRIZES IS $6,299 $6,599 USD. [prize value updated 10.17.2012, Sarah J. Gim]

  1. Eligibility

    The Thermador Ultimate Holiday Recipe Contest (the “Promotion”) is open only to legal residents of the 48 contiguous United States (including District of Columbia), age 18 and older at time of entry. Void in Alaska, Hawaii, Puerto Rico and all U.S. territories and possessions and possessions and where prohibited by law. All federal, state and local laws and regulations apply.

    Employees, officers, and directors of The Delicious Life LLC (“Administrator”) and BSH Home Appliances Corporation (“Sponsor”) and of each of their respective parent companies, subsidiaries, corporate affiliates, advertising and promotion agencies or entities engaged in the design and implementation of Promotion and collectively their parents, children, siblings, spouse and other individuals residing in their households are not eligible to win.

    Participation constitutes full and unconditional agreement to these Official Rules and Sponsor and Administrator’s decisions, which are final and binding in all matters related to the Promotion. Winning is contingent upon fulfilling all requirements set forth herein.

  2. Sponsor and Administrator

    Sponsor: BSH Home Appliances Corporation, 1901 Main Street, Suite 600, Irvine, CA  92614
    Administrator: The Delicious Life LLC []

  3. Timing

    The Promotion begins on October 16, 2012 at 8:01 AM Pacific Time (“PT”) and ends on November 12, 2012 at 11:59 PM PT (the “Promotion Period”). Administrator’s computer is the official time keeping device for this Promotion.

  4. How to Enter

    During the Promotion Period, entrant (“Contestant”) will access www.Tastespotting.com (“Site”), and follow the instructions to complete the entry form and submit a recipe into Promotion.

    The recipe must be made in an oven.

    Multiple entries are allowed, but each each entry must be submitted as a separate, different recipe. Use of any automated system to participate is prohibited and will result in disqualification.

    Administrator shall have the right to disqualify any entries that they deem to be obscene, vulgar, sexually explicit, lewd, derogatory, inappropriate, or otherwise not in good taste, as determined in their sole discretion.

    Photography, imagery and text used in a submission must be original or in the public domain. A submission may not contain the trademark, trade name, logo or copyrighted material other than a Thermador trademark, trade name or logo).

    RECIPE SUBMISSION – By submitting an entry, Contestant:

      (a) represents and warrants that the recipe is the sole, exclusive, and original creation and property of the contestant; and,
      (b) represents and warrants that the recipe does not violate or infringe any copyright, including music and sound, trademark/trade name, logo, or intellectual property right, other proprietary right of any person (including but not limited to rights of privacy or publicity or portrayal in a false light), or entity; and,
      (c) grants a royalty-free and irrevocable worldwide license, exclusive to Sponsor to use, alter, change, edit, modify, copy, reproduce, publish, transform, use in distorted, illusory or composite form, create derivative works from and otherwise show and/or make the recipe, in any media or form, now known or subsequently developed, in whole or in part, for advertising, marketing, commercial, trade and similar uses and to use the contestant’s name, in whole or in part, in conjunction therewith, and contestants shall have no right of notice, review or approval of any such use of the recipe and/or contestant’s name, and upon request contestant shall sign any documents requested by Sponsor for such purpose; and,
      (d) notwithstanding any contrary provision in any of Contest Providers’ respective privacy policies, Contestants grant to Sponsor, and Sponsor reserves, the right to use any and all information related to the Contest, including information provided by Contestants in connection with the Contest, for marketing purposes or any other purpose, unless prohibited by law (Contestants understand and agree that Contest Providers may use information collected from them in order to provide contestants with future information, through e-mail or other means of communication, on products and services provided by Contest Providers. Contestants may opt-out of receiving such information by following the opt-out procedures contained in those communications.) and,
      (e) represents and warrants that Contestant is the photographer of any photographs used in the entry or has received all rights, releases and permissions which may be necessary to grant this license from the photographer and any individual appearing in said photographs.
      CONTESTANT ACCEPTS FULL RESPONSIBILITY FOR THE CONTENT SUBMITTED AND AGREES TO INDEMNIFY, including all attorneys fees, SPONSOR AND ADMINISTRATOR FOR ANY BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES AND GRANTS.
  5. Judging of Eligible Entries and Determination of Potential Winner

    Following Promotion Period, Administrator will judge entries using the following criteria:
    1. Overall appeal (50%)
    2. Originality (25%)
    3. Ease of preparation (25%)

    Based on the highest cumulative score, one (1) potential first prize winner will be selected. In the event of a tie, Administrator decision will be final.

    No Contestant will be permitted to win more than one (1) prize.

    POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR AND ADMINISTRATOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE ADMINISTRATION AND OPERATION OF PROMOTION

  6. Verification of Potential Winner

    Potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Multiple Contestants are not permitted to share the same e-mail address. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the Contestant. The “authorized account holder” is the natural person assigned an email 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. Potential winner may be required to show proof of being the authorized account holder.

    The potential prize winner will be emailed (and telephoned if such information was provided during registration) by Administrator on or about December 1, 2012. Potential winner then will be required to sign and return an Affidavit of Eligibility, a Liability Release and, except where prohibited by law, a Publicity Release and other documents as requested by or on behalf of Sponsor. If a potential winner cannot be contacted or does not respond within five (5) business days or if Affidavit/Release and/or any additional documents and releases required are not received within five (5) days of date stated on notification, or if notification is returned as non-deliverable, or if a potential winner is found to be ineligible or not in compliance with these Official Rules, the potential winner will be disqualified and Contestant with the next highest cumulative score will be notified and required to complete and return the required documents.

  7. Prizes

    ONE (1) GRAND PRIZE with TOTAL APPROXIMATE RETAIL VALUE OF $6,299.

    Prize is non-transferable. Where applicable, an IRS Form 1099 for the winner will be filed by the Administrator or the Sponsor. All applicable federal, state, local and other taxes and fees associated with the prize related to acceptance and use of prize are solely the responsibility of the winner.

    Thermador is only responsible for the delivery of the Contest prize, and not responsible for appliance installation, removal of existing appliance, or remodel of areas where the prize will be installed.

  8. Release and Publicity

    The Winner agrees to release and hold harmless Sponsor, Administrator, content licensors and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies 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 Promotion or receipt or use or misuse of prize. Except where prohibited, participation in the Promotion constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

  9. General Conditions

    Participation in Promotion is subject to published Administrator and Sponsor policies. IF AN INDIVIDUAL DOES NOT AGREE TO THE POLICIES, THEY SHOULD NOT ENTER THE PROMOTION, PROVIDE ANY PERSONAL INFORMATION ON THE SITE OR OTHERWISE USE THE SITE. In the event of a conflict between policies and these Official Rules, these Official Rules will prevail. Administrator reserves the right to delay the start, cancel, suspend, extend and/or modify Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Administrator’s reasonable control impairs the integrity or proper functioning of Promotion, as determined by Administrator in its sole discretion. Administrator reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of Promotion or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. CAUTION: ANY ATTEMPT BY A CONTESTANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS 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 OR ADMINISTRATOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION. Any attempt by any person to deliberately undermine the legitimate operation of Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor and Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s or Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

  10. Limitations of Liability

    The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Contestants, printing errors or by any of the equipment or programming associated with or utilized in Promotion; (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 Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Contestant’s participation in Promotion or receipt or use or misuse of any prize. If for any reason a Contestant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Contestant’s sole remedy is to re-submit, provided that if it is not possible due to discontinuance of Promotion, or any part of it, for any reason, Administrator, at its discretion, may elect to conduct judging of all eligible entries received up to the date of discontinuance for the prize offered herein. In event that production, technical, seeding, programming or any other reasons cause more than the one prize set forth in these Official Rules to be available and/or claimed, Sponsor and Administrator reserves the right to award only one grand prize.

  11. Disputes

    Contestant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with Promotion, or prizes awarded, other than those concerning the administration of Promotion or the determination of winner, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with Promotion, or any prizes awarded, shall be resolved exclusively by the United States District Court with jurisdiction for New York City; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering Promotion, but in no event attorneys’ fees; and (iv) under no circumstances will Contestant be permitted to obtain awards for, and Contestant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses , and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Contestant and Sponsor in connection with Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

  12. Promotion Results

    For winner name, please email contact@tasteSpotting.com. Requests will only be accepted following the end of Promotion Period and must be received by December 31, 2012.

by Sarah J. Gim on August 13, 2012 · 1 comment

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