2018 Home Chef “Customer Burger Showdown” Recipe Contest
Contest Starts: 04/23/2018 at 12:00:01 AM CT and
Ends at 11:59:59 PM CT 05/06/2018.
PLEASE REVIEW THESE OFFICIAL RULES BEFORE ENTERING THE CONTEST. BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. THIS CONTRACT INCLUDES INDEMNITIES OF SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. ENTRY IN THE CONTEST IS FREE AND NO PAYMENT OR PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR WIN.
(1) Eligibility: The Contest is open exclusively to legal residents of the zip codes in the 50 United States or the District of Columbia to which Home Chef delivers its meal subscriptions as of the date of commencement of the Contest Period (“Contest Area”), who are 21 years of age or older, as of the date of entry (“Entrant(s)”). The Contest Winner (defined below) may also be required to cooperate with and pass a background check as set forth more fully below. Employees of Relish Labs LLC d/b/a Home Chef and of any of its parent companies, affiliates or subsidiaries (the “Sponsor”), and of any advertising agencies, prize providers, promotion and delivery contractors and/or public relations companies associated with the Contest and other persons or entities involved in any of the planning, administration, execution or fulfillment of the Contest (collectively, the “Contest Entities”) are not eligible to enter or win this Contest. Sponsor’s immediately family members are also ineligible. The term “immediate family member” includes, spouses, grandparents, parents, siblings, children, and grandchildren. Void where prohibited and outside the Contest Area.
(3) Contest Timing: The Contest starts on April 23, 2018 at 12:00:01 a.m. Central Time (CT) and ends on May 6, 2018 at 11:59:59 p.m. CT (the “Contest Period”). Sponsor’s clock will be the official clock for the Contest.
(4) How to Enter the Contest: During the Contest Period, you may enter the Contest by visiting www.homechef.com/burgercontest (the “Contest Site”) and accurately completing the on-screen entry form with the following information:
- The Entrant’s first and last name.
- The Entrant’s valid email address.
- The Entrant’s name for his/her original burger recipe (“Burger Recipe” as used herein will include the burger’s name, description, ingredients, preparation instructions).
- The Entrant’s Burger Recipe ingredients:
- Each Burger Recipe must include the following ingredients:
- One ground beef patty; and
- One burger bun
- In addition to the required ingredients you may use up to six additional ingredients. Please note that the following ingredients may not be used:
- Bacon; and
- Burger Recipes should not contain difficult to source ingredients and should be readily available at a general grocer.
- Each Burger Recipe must include the following ingredients:
- The instructions for preparing the Entrant’s Burger Recipe.
- The Burger Recipe must be able to be prepared, cooked and plated in under 30 minutes.
- Grill (outdoor or indoor), oven or stovetop preparation of the Burger Recipe is permitted.
- A photo of Entrant’s Burger Recipe as prepared.
The entry form must be complete and in English. Each Entrant is encouraged to keep a copy of his/her Entry for his/her files. The term “Entry” as used herein includes all elements of the entry, including the Burger Recipe, photo and any other content provided in connection with the entry submission or in other correspondence with the Sponsor or Contest Entities.
Each Entrant may enter the Contest one time in total. Any Entry will not be acknowledged or returned. Any attempt by any Entrant to obtain more than one entry will void that Entrant’s additional entries and that Entrant may be disqualified if discovered by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Entries, which will be disqualified. Any Entry obtained or submitted outside authorized, legitimate channels, or not in compliance with these Official Rules, will be void. If there is a dispute as to any Entry, the authorized account holder of the email address used to enter will be deemed to be the Entrant, but only if that person meets all other eligibility criteria for the Contest. 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 email addresses for the domain associated with the submitted address. If a problem occurs in the online submission process or in uploading a photo, you should receive an “Error” message. However, it is your responsibility to electronically complete the entry process and upload a photo. Sponsor shall not be responsible for any Entry not actually received due to incomplete or improper transmission. Similarly, Sponsor has no obligation to advise you of an incomplete Entry. Proof of submission is not considered proof of delivery to, or receipt by, Sponsor of such Entry.
Entries must be received during the Contest Period. Once the Entry is uploaded, the Entry is final and may not be modified, supplemented or edited. Submissions that include a Burger Recipe or photo that fails to adhere to any of the requirements set forth in these Official Rules, including the requirements set forth in this section, as well as the requirements set forth in Section 5 below, as determined by Sponsor in its sole discretion, may be disqualified by Sponsor.
(5) Entry Requirements: In order to be eligible, an Entry must meet the following criteria (as well as all other requirements set forth in these Official Rules):
- Burger Recipe must be original. An original recipe is the product of one’s own mind and is not a copy or imitation, the result of trade secret misappropriation, and Entrant’s disclosure of such recipe must not result in trade secret misappropriation.
- Burger Recipe must not infringe upon any statutory, common law, intellectual property or other right of any kind of any third party.
- Burger Recipe must not have won any other prize or award, must not have been previously published and or copyrighted, and must not have been, or hereafter be submitted to another company, contest, promotional event, or publication.
- Burger Recipe must not include any named brands of products.
- The Entry must not portray any dangerous activity, and the ingredients in the Burger Recipe must all be safe for human consumption, individually and in combination with the other ingredients.
- Entrant must not restrict Sponsor’s right to use the Entry.
- Entries must be in keeping with Sponsor’s desired image and may not constitute tarnishment, as determined by Sponsor in its sole discretion, nor can Entry defame or invade publicity or private rights of any person, living or dead, or otherwise infringe upon any person’s or entity’s personal or proprietary rights, including but not limited to intellectual property.
- The Entry must not contain illegal, indecent, obscene, pornographic, or sexually explicit content, or otherwise offensive material or inappropriate content such as aberrational behavior, graphic violence, drug abuse, or nudity. The Entry must not promote bigotry, racism, hatred or harm against any group or individual or discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
- The Entry must otherwise be appropriate for publication or broadcast or display on a general interest website.
- The Entry must be in compliance with the Terms and Conditions of Service on the Home Chef website located at https://www.homechef.com/terms.
(6) Licensing Rights: By submitting any Entry, each Entrant hereby grants to Sponsor a royalty-free, irrevocable, transferrable, sublicensable, and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to use, edit and exploit (including without limitation by reproduction, distribution, public display, adaptation, communication to the public, and/or public performance, and including for commercial or advertising purposes) the Entry without any right of review or approval by Entrant. This includes the exclusive right of Sponsor, in its sole discretion, to add to, delete from, or amend the Burger Recipe. Entrant also waives to the full extent permitted by law any and all claims against Sponsor related to moral rights in the Entry. In no circumstances will Sponsor be liable to Entrant for any exploitation of any Entry any Entrant submits. Entrant affirms, represents, and warrants that Entrant owns or has the necessary licenses, rights, consents, and permissions to publish and exploit the Entry and that the distribution, reproduction, display and any other uses of any part of the Entry by Sponsor as permitted herein will not infringe any third party rights.
(7) Winner Selection/Judging Criteria: Decisions of judge(s) and Sponsor are final and binding. Eligible entries will be judged by judge(s) selected by Sponsor from its employee base who will judge each eligible Entry based on the criteria below:
- Perceived Taste Appeal (35%) Does the Burger Recipe sound appealing and tasty? (0-35 points)
- Perceived Marketability (25%) Will Home Chef customers want to order this Burger Recipe? (0-25 points)
- Ease of Preparation (20%) Could anyone create this burger by following the Burger Recipe? (0-20 points)
- Entry Photo (10%) Does the Entrant’s photo of the Burger Recipe look appealing and tasty (0-10 points)
- Availability of Ingredients (10%) Are the ingredients called for in the Burger Recipe easily sourced by Sponsor? Defined as ingredients that are readily available at general grocers. (0-10 points)
Please note that the ingredients used in the recipe will not be the exclusive criterion for determining any Contest Winners. Therefore, recipes submitted with the same ingredients may receive different scores when subjected to the judging criteria.
The Entrant who submits the Burger Recipe that earns the most points will be deemed the winner of the Contest, subject to verification (the “Contest Winner”), and the Burger Recipe submitted by the Contest Winner will be deemed the winning recipe (“Winning Recipe”). The Entrants who submit the Burger Recipes that earn the second, third and fourth most points will be deemed the runners-up of the Contest, subject to verification (the “Runners-Up”). If there is a tie for one of the winning positions, the tie will be broken based on the highest score in the first judging criteria (Perceived Taste Appeal), continuing thereafter to each judging criteria in the order set forth above, as needed to break the tie.
(A) One Grand Prize. The Winning Recipe will be featured on a future Home Chef weekly menu; the date of which will be determined in the sole discretion of Home Chef. The Contest Winner will have the opportunity to work with Home Chef’s culinary team to develop a recipe card for the Winning Recipe, engage in discussions with Home Chef’s culinary team regarding any side dish(es) that may be included with the Winning Recipe and have his/her name and photo included on the Home Chef recipe card and related marketing materials featuring the Winning Recipe. This portion of the Grand Prize has no cash value, and, if it is not available for any reason, no alternate will be awarded. Contest Winner will also receive a $250 Home Chef credit.
(B) Runners-Up Prizes. Each of the Runners-Up will have his/her name, photo and Burger Recipe posted on Home Chef’s Facebook page at www.facebook.com/realhomechef. This portion of the Runner-Up prize has no cash value, and, if it is not available for any reason, no alternate will be awarded. Each of the Runners-Up will also receive a $60 Home Chef credit.
If a winner is not already a subscriber to the Home Chef meal kit delivery service, winner will not be required to submit a credit card in connection with signing up for the service to redeem the credit. All details and other restrictions and conditions of the prizes not expressly specified in these Official Rules will be determined by Sponsor in its sole discretion. The prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. The winners are responsible for all federal, state, local and other taxes, and all other costs and expenses, associated with the prizes. No transfer, substitution or cash equivalent of any prize is permitted. Sponsor reserves the right to substitute a prize (or any component thereof) with another prize (or component thereof) of equal or greater value if the prize is not available for any reason, as determined by Sponsor in its sole discretion.
(9) Notification of Prize Winners: Sponsor will attempt to notify the potential Contest Winner and Runners-Up via email on or about May 21, 2018 (the “Prize Notification”). An Affidavit of Eligibility and Liability/Publicity Release (where legal) (the “Prize Verification Forms”) will be attached to the Notification emails. To receive a prize, each potential prize winner will be required to complete, sign, have notarized and return the Prize Verification Forms postmarked within five days of the send date of the Prize Notification. Notification of potential prize winner status must be kept confidential until publicly revealed by Sponsor. Failure to do so may result in disqualification of potential prize winner in the sole discretion of Sponsor.
If a potential prize winner does not respond within five days of the first notification attempt, does not sign and return Prize Verification Forms, or is not in compliance with these Official Rules (including eligibility requirements), or if the Prize Notification is returned as unclaimed or undeliverable to such potential prize winner, such potential prize winner will forfeit the prize and be disqualified, and Sponsor will select an alternate winner based on the next highest scoring Entry.
By accepting a prize, a prize winner consents (where legal) to the use of his/her name, likeness, photograph, biographical information and statements (if any) by Sponsor and those authorized by Sponsor, and each of their parent, subsidiaries, franchisees or affiliates for purposes of advertising, promotion and publicity without notice or additional compensation, except as required by law, for the period referenced in the Licensing Rights section above.
Entrants in the Contest will be opted-in to receive future marketing communications from Sponsor and its parents, subsidiaries, divisions and affiliates. Entrants can opt-out of receiving emails at any time by following the instructions in the emails, and opting-out does not impact the chances of winning.
(11) General Conditions: If for any reason the Contest is not capable of running as planned, including infection by computer virus, tampering, fraud, technical failure or any other cause that corrupts or threatens the administration, security or integrity of the Contest, Sponsor reserves the right, in its sole discretion, to terminate or suspend the Contest, and Sponsor will post notice of its action on the Contest Site. If Sponsor terminates the Contest, Sponsor will select the winners by applying the criteria set forth above to all eligible, non-suspect Entries received as of the termination. Sponsor reserves the right to prohibit any entrant from participating in the Contest if, in its sole discretion, Sponsor finds that such entrant shows a disregard for, or attempts to circumvent, these Official Rules, or acts: (a) in a manner the Sponsor determines to be not fair or equitable; (b) in an annoying, threatening or harassing manner; or (c) in any other disruptive manner. If a dispute arises regarding compliance with these Official Rules, Sponsor may consider, in its sole discretion, data reasonably available to Sponsor through information technology systems in Sponsor’s control, but Sponsor will not be obligated to consider any data or other information collected from any other source. Sponsor assumes no liability for any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of the Contest. Sponsor reserves the right to require Contest Winner to submit to a confidential background check to confirm eligibility as a condition of awarding the prize to help ensure that the use of any such person in advertising or publicity for the Contest will not bring Contest Parties into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest as determined by Sponsor in its sole discretion. Neither the failure of Sponsor to insist upon or enforce strict performance of any provision of these Official Rules nor the failure, delay or omission by Sponsor in exercising any right with respect to any term of these Official Rules, will be construed as a waiver or relinquishment to any extent of Sponsor’s right to assert or rely upon any such provision or right in that or any other instance. If there is any conflict between any term of these Official Rules and any of the entry or marketing materials used in connection with the Contest, the terms of the Official Rules will govern.
(12) Limitations of Liability: No liability or responsibility is assumed by Sponsor or Contest Entities resulting from any user’s participation in or attempt to participate in the Contest or ability or inability to upload any information in connection with participating in the Contest. No responsibility or liability is assumed by the Sponsor or Contest Entities for technical problems or technical malfunction arising in connection with any of the following occurrences that may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any email transmissions to be sent or received; lost, late, delayed or intercepted email transmissions; inaccessibility of the Contest Site in whole or in part for any reason; traffic congestion on the Internet or the Contest Site; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. Sponsor and Contest Entities are not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Contest Site. Use of Contest Site is at user’s own risk. Sponsor and the Contest Entities are not responsible for any personal injury or property damage or losses of any kind that may be sustained to user’s or any other person’s computer equipment resulting from participation in the Contest, use of the Contest Site or the download of any information from the Contest Site. By participating in the Contest, the Entrant releases Sponsor and Contest Entities from any and all claims, damages or liabilities arising from or relating to such Entrant’s participation in the Contest. By accepting a prize in the Contest, winners agree that the Sponsor and Contest Entities shall not be liable for any loss or injury resulting from participation in the Contest, acceptance or use of any prize. Sponsor and Contest Entities are not liable if any portion of the Contest is cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a “Force Majeure Event”).
(13) Indemnification: Entrant agrees to indemnify and hold Sponsor, its agencies and the Contest Entities (collectively, the “Indemnitees”), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of the Indemnitees due to or arising out of the use of any element of Entrant’s Entry, or Entrant’s conduct in submitting an Entry or creating a Burger Recipe or photo or otherwise in connection with this Contest, including but not limited to claims for trademark infringement, copyright infringement, violation of an individual’s right of publicity or right of privacy, or defamation. Entrant further agrees to release Sponsor from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes Entrant’s rights with regard to any elements or ideas contained in any element of the Entry.
(14) GOVERNING LAW: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF ILLINOIS WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS (WHETHER OF THE STATE OF ILLINOIS OR ANY OTHER JURISDICTION). SUBJECT TO SECTION 15, BY PARTICIPATING IN THE CONTEST, ENTRANT IRREVOCABLY CONSENTS AND SUBMITS TO, AND AGREES NOT TO CONTEST, THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS LOCATED IN THE STATE OF ILLINOIS, COUNTY OF COOK, FOR ANY AND ALL DISPUTES ARISING OUT OF THE CONTEST OR THESE OFFICIAL RULES, AND AGREE NOT TO INITIATE ANY ACTION AGAINST ANY CONTEST ENTITY OR ANY OTHER INDIVIDUAL OR ENTITY IN ANY OTHER JURISDICTION OR VENUE.
(15) Arbitration Provision: By participating in the Contest, you hereby irrevocably consent and submit to, and agree not to contest, the resolution of any and all disputes you may have with, or claims you may have against, the Contest Entities, or any other individual or entity, relating to, arising out of or connected in any way with (a) the Contest, (b) the awarding or redemption of the prize, or (c) the determination of the scope or applicability of this agreement to arbitrate, individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the “Forum”) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration must be held at a location determined by the Forum pursuant to the Code of Procedure, or at such other location as may be agreed by you and Sponsor. The arbitrator’s decision will be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that you may have entered into in connection with the Contest. There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Sponsor’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator will not have the power to award punitive damages against you or Sponsor. For more information about the Forum and the Forum’s Code of Procedure, please visit their website at www.arb-forum.com. If any part of this arbitration provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this provision will remain in effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
(16) Prize Winners List: The list of prize winners will be posted on Sponsor’s Facebook page located at www.facebook.com/realhomechef within a reasonable period of time after the close of the Contest.
(17) Sponsor: Relish Labs LLC d/b/a Home Chef, 400 North Michigan Avenue, Suite 1400, Chicago, IL 60611. Facebook is not a sponsor of and is not otherwise affiliated with the Contest.