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Food Blogger to Media Star – Official Rules

Official Rules
The Food Blogger to Media Star Promotion (the “Promotion”) begins at 12:01 a.m. EST on February 1, 2013 (the “Promotion Start Date”) and ends at 11:59 p.m. EST March 8, 2013 (the “Promotion End Date”) (such period referred to herein as the “Promotion Period”). The Promotion is sponsored by TMG Culinary Media, Inc. (the “Sponsor”).  The Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc. or Twitter, Inc..  You are providing your information to the Sponsor and not to Facebook or Twitter.

1. HOW TO ENTER:  NO PURCHASE NECESSARY TO ENTER OR CLAIM PRIZE.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  Participants may enter the Promotion by:

(a)   Creating a blog post and an appetizer or dessert recipe that features 365 Everyday Value Coconut Milk (“Submission”);

(b)  Linking to www.CookTasteEat.com and www.WholeFoodsMarket.com in the Submission;

(c)   Following @CookTasteEat and @WholeFoodsNorCA on Twitter; and

(d)  Tweeting the link to the Submission along with the #WFMCoconutMilk hashtag by 11:59 p.m. EST February 28, 2013 (the “Entry Deadline”).

Participation in the Promotion is voluntary and does not require you to purchase anything from Sponsor.  No illegible, incomplete, forged or altered entries will be accepted.  All entries become the property of Sponsor and will not be returned.  All entries are subject to Sponsor’s website privacy policy and terms of use.  One (1) entry per participant.

2. PRIZE:  The winner will receive a trip package to the Bay Area Cook Taste Eat set to film his or her winning recipe with Chef Michael Mina during a one day video shoot during the week of March 18, 2013. The segment and recipe will air on CookTasteEat.com and will be featured in select Whole Foods Northern California stores, at the discretion of Sponsor and Whole Foods Market. Trip package consists of round trip, coach-class air transportation for winner from a major airport near winner’s home (must be within the contiguous 48 states of the United States and is determined by Sponsor in its sole discretion) to the San Francisco International Airport or Oakland International Airport; transportation to and from the airport and hotel; one (1) nights’ accommodations at Sponsor’s choice of hotel (one room, double occupancy, subject to availability); and meals. Winner must be available to travel on the dates specified by Sponsor, which will be during the week of March 18, 2013, or forfeit the prize. Travel must be round trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. If trip destination is less than 250 miles from the winner’s residence, winner will be provided car service to and from the set. Sponsor is not responsible if any scheduled event is delayed, postponed or cancelled for any reason and winner will not be reimbursed for tickets. Tickets may be subject to issuer’s standard rain-check policies and procedures. All expenses, travel, and other costs not expressly stated in the package description above are the sole responsibility of winner. Restrictions, conditions and limitations may apply. Lost, mutilated, or stolen tickets, vouchers or certificates will not be replaced. By accepting any event ticket included in the prize, winner agrees to abide by any terms, conditions and restrictions provided by the ticket.  Sponsor is not responsible if winner does not use ticket on day of event. Approximate Retail Value (“ARV”): $700.  Winner will be issued an IRS Form 1099 for the actual value of the prize and is advised to seek independent counsel regarding the tax implications of the prize winnings. The ARV of travel may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and ARV. The odds of winning the prize depend on the number of eligible entries received by the Entry Deadline. Sponsor reserves the right to substitute prizes of equal or greater value.  No other substitution or transfer of prizes permitted.  Sponsor is responsible only for prize delivery.

3. ELIGIBILITY:

Participant Eligibility. The Promotion is only open to legal residents of the United States who are at least eighteen (18) years of age at the time of entry.  Entries are limited to individuals only; commercial enterprises and business entities are not eligible.  By participating in the Promotion, each participant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of Sponsor and warrants that she/he is eligible to participate in the Promotion.  Employees, independent contractors, officers, and directors of Sponsor, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, and their immediate family members and persons living in the same household, are not eligible to participate in the Promotion.  THE PROMOTION IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to applicable federal, state and local laws and regulations.

Submission Eligibility.  Submissions that are submitted in connection with the Promotion will only be eligible if such Submission (a) is in English, (b) does not disparage Sponsor, Whole Foods Market or any other person or entity affiliated with the Promotion, or their products or services, (c) are submitted prior to the Entry Deadline, (d) contain only the original content of the participant, (e) do not contain content that is unlawful, hateful or obscene, (f) are submitted through Twitter using the appropriate hashtag, (g) the blogger follows @CookTasteEat and @WholeFoodsNorCA on Twitter, (h) the blogger uses 365 Everyday Value Coconut Milk in their recipe, and (i) the blogger links to www.CookTasteEat.com and www.WholeFoodsMarket.com in their blog post. See more details at www.CookTasteEat.com/food-blogger-media-star. Sponsor reserves the right, in its sole discretion, to disqualify Submissions which Sponsor determines at any time in its sole judgment to fail to meet any of these criteria.

4. USE OF CONTENT/SUBMISSIONS.  By submitting a Submission to Sponsor in connection with this Promotion, you automatically represent and warrant that you have the right to grant, and do hereby grant, to Sponsor the paid-up, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such Submission (in whole or in part) worldwide and/or to incorporate all or any portion of it in other works in any form, media or technology now known or later developed for the full term of any patent, trademark, trade secret, copyright or other proprietary rights of any party that may exist in such Submission; and (b) use the Submission, including without limitation, the right and license to make, use, sell, offer for sale, and import any products and/or services which practice or embody, or are configured for use in practicing, all or any portion of the Submission and the right to practice.  Under no circumstances will Sponsor be required to treat any Submission as confidential.  Sponsor will be entitled to use the Submission for any purpose whatsoever without compensation to you or any other person.  For the avoidance of doubt, Sponsor will not be liable to you or any other person for any ideas for Sponsor’s business (including, without limitation, product designs or ideas) derived from the Submission and will not incur any liability as a result of any similarities to the Submission that may appear in any future products or services of Sponsor.

5. SELECTION OF WINNERS:

Judging Phase

Following the Entry Deadline, a panel of qualified judges determined by Sponsor in its sole discretion will select the twenty (20) entrant with the highest-scoring Submissions from among all eligible Submissions received by the Entry Deadline based on the following criteria (the “Criteria”):

  • Relevance to Promotion Theme (40%);
  • Originality (30%); and
  • Creativity (30%).

 

In the event of a tie between two or more entrants, the entrant whose Submission received the highest score for Relevance to Contest Theme, as determined by the qualified judges, in their sole discretion, will be deemed the winner among the tied entrants.  The participants with the twenty (20) highest scoring submissions will be notified of their selection via Twitter.

Voting Phase

From March 1 until March 8, 2013 (the “Voting Phase”), Sponsor will feature the twenty (20) Submissions selected during the judging phase above to be featured on an application on Sponsor’s Facebook page at http://www.facebook.com/CookTasteEat where fans will be able to vote for the one (1) Submission that best meets the Criteria.  At the end of the Voting Phase, the winner with the highest number of votes will be the winner.

Following the Voting Phase, the winner will be notified by e-mail or Twitter using the information provided when the participant entered the Promotion, to begin making arrangements for the trip prize.  Such notification shall include instructions for proper acceptance of the prize by the winner.  In the event a winner does not accept a prize, a winner is ineligible, or the prize or prize notification is not deliverable, an alternate winner may be selected.  Sponsor is not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify a winner.  The winner agrees to Sponsor’s use of their name, address, likeness, and/or prize information for promotional purposes in any medium without additional compensation to the extent permitted by law.  Where lawful, the winner may be required to sign and return Sponsor’s form of Talent Agreement related to the video shoot, and an Affidavit of Eligibility, Release of Liability, and Publicity Release.

6. CONDITIONS:  Sponsor, Whole Foods Market, Facebook and Twitter, and their respective agents, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion, and fulfillment agencies, and legal advisors (the “Released Entities”), are not responsible for, shall not be liable for, and hereby disclaim all liability arising from or relating to: (i) late, lost, delayed, damaged, misdirected, misaddressed, incomplete, or unintelligible entries; (ii) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (iii) failed, incomplete, garbled, or delayed computer or e-mail transmissions; (iv) any condition caused by events beyond the control of Sponsor; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of any prize, or any portion thereof that may have been awarded, or acceptance, possession, or use of any prize, or any portion thereof that may have been awarded, or from participation in the Promotion; or (vi) any printing or typographical errors in any materials associated with the Promotion.  Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel the Promotion should any unauthorized human intervention or other causes beyond Sponsor’s control corrupt or affect the administration, security, fairness or proper conduct of the Promotion.  In the event that proper administration of the Promotion is prevented by such causes as contemplated above, Sponsor will pick the winners from all eligible, non-suspect entries received prior to such action.  By participating in the Promotion, participants and winners agree to release, discharge and hold harmless the Released Entities, and all others associated with the development and execution of the Promotion, from any and all losses, damages, rights, claims and actions of any kind arising out of or relating to the Promotion, participation in the Promotion, any prize, or any portion thereof that may have been awarded, and/or acceptance, possession, use or misuse of any prize, or any portion thereof that may have been awarded, including but not limited to statutory and common law claims for misappropriation or participant’s right of publicity.  This Promotion shall be governed by Delaware law.  By participating in this Promotion, participants agree that Delaware courts shall have jurisdiction over any dispute or litigation arising from or relating to this Promotion and that venue shall be only in Delaware.

7. WINNERS LIST:  The first name, last initial, city and state of the Promotion winners and a copy of these Official Rules will be available on-line at www.cooktasteeat.com/food-blogger-star on March 8, 2013 and for 90 days thereafter.

8. SPONSOR:

TMG Culinary Media, Inc.

Food Blogger to Media Star

2407 Harrison St. San Francisco, CA 94110

9. NOTICE:  Sponsor reserves the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Promotion in violation of these Official Rules and/or criminal and/or civil law. 

10. Copyright ã 2013 TMG Culinary Media, Inc..  All rights reserved. TMG Culinary Media, Inc. and the associated logos are trademarks of TMG Culinary Media, Inc. and 365 Everyday Value Coconut Milk is a trademark of Whole Foods Market IP, L.P.  Any other trademarks in these Official Rules are used for prize identification purposes ONLY and are the properties of their respective owners.