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NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR
WIN. A purchase will not improve chances of winning.
1. SPONSOR/ADMINISTRATOR: B&G Foods, Inc., Parsippany,
NJ 07054 (Sponsor)/ Promotion Associates, Inc., East Setauket,
NY 11733 (Administrator).
2. ENTRY PERIOD: Contest begins 12:01 AM (ET) June 15, 2009
and ends 11:59 PM (ET) August 15, 2009 (Entry Period).
3. HOW TO ENTER: Visit bestemeril.com and complete the
online entry form. Entry forms must contain accurate information
including email address, video entry, video name and all other
information requested. Online entry must be completed in one
continuous session during the entry period.
4. ELIGIBILITY: The Contest is open to legal
residents of the contiguous United States who are 18 years of
age or older as of June 15, 2009. Employees of the following and
members of their families or households including spouses,
sibling and children are not eligible for participation: B&G
Foods, Inc., its subsidiaries, and affiliates, Promotion
Associates, Inc., advertising and promotion agencies and any
participating prize providers. Contest is subject to all
applicable federal, state, local laws and regulations. Void
where prohibited by law.
5. AGREMENT TO OFFIICAL RULES: Participation in the
Contest constitutes your full agreement to and acceptance of
these Official Rules and the decisions of Sponsor, which are
final and binding. Winning is contingent upon fulfilling all
requirements set forth herein in a timely manner.
6. TO QUALIFY FOR ENTRY: Participants must do the
following:
a) Prepare a video of 00:60 (sixty) seconds duration or less
that demonstrates contestant’s ability to impersonate celebrity
chef, Emeril Lagasse.
b) Post the video on bestemeril.com in one of the following
formats: AVI, MPEG, RM, MOV, MP4, FLV, MKV or 3GP.
c) Ensure the video is not larger than 100MB
d) Do not include any other identifiable people or materials
in which a third party has intellectual property right in any
form.
e) Do not, in the sole discretion of Sponsor, be obscene,
indecent, offensive, violent, hateful, or libelous or contain
anything otherwise prohibited by law or inconsistent with the
purpose of the “Show Us Your Best Emeril" Video Contest as
described by the Official Rules and related materials.
f) Be specific as to size and quality. Any video not
correctly prepared or suffering image degradation to
over-compression will be disqualified.
There is no limit on the number of original entries that you
may submit. However, you may not submit the same entry more than
once. You are solely responsible for equipment and Internet
access to enter or participate in the “Show Us Your Best Emeril"
Video Contest. Sponsor reserves the right to, and in its sole
discretion to restrict participation in the “Show Us Your Best
Emeril" Video Contest to any person at any time for any reason
and/or to disqualify anyone, anytime for any reason.
Any attempted entry by any means except as permitted in these
Official Rules is void. Sponsor will not be responsible for
lost, incomplete, stolen, misdirected, undelivered, delayed,
inaccurate, garbled or illegible entries or materials or for any
computer, cable, network, satellite, electronic or internet
hardware or software malfunctions, failures, connections or
availability or for jumbled transmissions, or for service
provider/Internet/Website/usenet accessibility or availability,
traffic congestion or unauthorized intervention, or for
inaccurate capture of any information, or the failure to capture
any such information. Proof of submission will be deemed proof
of receipt by Sponsor.
7. WINNER SELECTION: By participating in the
“Show Us Your Best Emeril" Video Contest, you agree that Sponsor
and its subsidiaries and affiliates and each of their
representatives, employees, agents, and contractors have the
right to a) assess, evaluate, score, verify and judge your
entry, publicly or otherwise, in any manner they elect and b)
control or restrict qualification and the frequency and manner
of voting.
8. JUDGING: Judging and actual selection of winners
will be accomplished in the following manner:
There will be two (2) venues for judging.
a) A panel of qualified judges, whose decision will be
final, will review all videos submitted and from all videos
submitted will select the Grand Prize winner (see 9 Prizes). The
criteria for judging will be based upon:
• Creativity and Originality (50%)
• Relevance to the theme of the contest (50%)
b) A public voting phase on bestemeril.com will take place
concurrently with the video submission period. Individual
members of the public and those registered on bestemeril.com
will be invited to view the submitted videos online and vote for
their favorite. Each eligible entry will be allowed one vote per
voting person per day during the entry period. Automated and
fraudulent methods of voting are strictly prohibited. The
eighteen (18) eligible entries, which receive the highest number
of votes, will then receive runner-up prizes. (see 9. Prizes)
9. PRIZES: One (1) GRAND PRIZE winner
will receive a trip for two (winner + guest) to Las Vegas
including roundtrip coach air transportation for two from an
airport near the winner’s home, ground transportation to and
from airports, 3 day and 2 night hotel accommodations (based on
double occupancy) at The Venetian Resort Hotel & Casino in Las
Vegas, NV, dinner for two at Emeril’s renowned Delmonico
Steakhouse plus $1,000 spending money (Approximate Retail Value
$4,500). Three (3) FIRST PRIZE winners will receive a 14
pc Emerilware™ Stainless Cookware Set including: 8" Fry Pan; 10"
Fry Pan; 1 Qt. Sauce Pan with lid; 2 Qt. Sauce Pan with lid; 3
Qt. Sauce Pan with lid; 3 Qt. Casserole with lid; 3 Qt. Sauté
Pan with lid and 8 Qt. Stock Pan with lid (ARV $300 each). Five
(5) SECOND PRIZE winners will receive an Emerilware™
Grill & Panini Maker including: 3 Grilling positions, floating
hinge, dishwasher safe, T-fal® quality non-stick grilling
surface, Cool-touch handles for safe handling, 2 drip trays,
adjustable thermostat for precise grilling, grill scraper and
five Emeril recipe cards (Approximate Retail Value $100 each).
Total retail value of prize structure is estimated at $6,000.
ALL TAXES AND ANY OTHER EXPENSES NOT SPECIFIED ABOVE ARE THE
SOLE RESPONSIBILITY OF THE WINNER. No substitutions, cash
equivalents or transfer of prize permitted except at sole
discretion of the Sponsor. In the event of unavailability,
Sponsor may substitute a prize of equal or greater value.
10. NOTIFICATION & CONDITIONS OF ACCEPTANCE OF PRIZE:
Potential winners will be contacted on or around September 1,
2009 and will be sent a written notification letter. Grand Prize
winner will be required to execute and return an Affidavit of
Liability/Eligibility and Publicity Release form (except where
prohibited by law), within ten (10) days of prize notification,
or the prize will be forfeited. Other restrictions may also
apply. The Grand Prize may not be combined with any other offer.
Potential winner may also be required to complete additional
liability waivers required by third party service providers.
Such liability waivers will prevent you and your successors from
bringing a lawsuit or other action against any released party,
including without limitation. Sponsor and Administrator and
their subsidiaries, affiliates, and third party service
providers, and will prevent you from recovering money damages or
other legal relief from any release party.
11. GENERAL CONDITIONS: Sponsor is not responsible for
printing or typographical errors in any contest-related
materials, stolen, lost, late, misdirected, damaged, incomplete
or illegible entries. Sponsor, and its affiliates, subsidiaries,
advertising and promotion agencies are not responsible for
incorrect entry of information by entrants. By entering the
Contest the winner agrees to waive any and all claims against
the Sponsor, its affiliates, employees, agents and
representatives for personal injury or loss, which may occur
from participation in the Contest or from the receipt or use of
any prize. Entry materials that have been tampered with or
altered are void.
If Sponsor determines in its sole discretion that any
suspected or actual tampering with the promotion occurs, or if
any difficulties compromise the integrity of the promotion, the
Sponsor, at its sole discretion, reserves the right to void any
entries submitted fraudulently and cancel or modify the
promotion. Should the promotion be terminated prior to the
stated expiration date, notice will be posted on bestemeril.
Sponsor reserves the right, at its sole discretion, to select
winner by judging (see .8 Judging) from among all eligible
entries received by the termination date. Any attempt by an
entrant or any other individual to deliberately damage or to
undermine the legitimate operation of the promotion is in
violation of criminal and civil laws and should such an attempt
be made, Sponsor reserves the right to seek damages and other
remedies from any such person to the fullest extent permitted by
law.
Only one account per person, and a maximum of five (5)
accounts per computer are allowed. Additional accounts on the
same computer and all entries and votes from these accounts will
be void. The Sponsor reserves the right to monitor any effort to
establish multiple accounts; in the event the Sponsor discovers
that you have opened more than one account per person, all
accounts will be closed without notice and any contest entries
will be disqualified and any votes cast will be void.
12. PUBLICITY: Except where prohibited, by
participating in the “Show Us Your Best Emeril" Video Contest
and regardless of whether you are a winner, you grant Sponsor
and Administrator and their subsidiaries, affiliates, and
licensees an exclusive, irrevocable license to use, alter,
adapt, publish, distribute, copy, exhibit, display, market,
promote, advertise, publicize and otherwise exploit your entry,
including your name, signature, video, likeness, photograph(s),
written and other entry materials, as well as additional
photographs, video footage or other images that Sponsor and/or
Administrator may take of you if you are the winner, in whole or
in part, in any manner and for whatever purpose Sponsor and/or
Administrator shall elect, in any and all languages, and in any
and all media now known or hereinafter developed, including but
not limited to, website, television, radio and/or printed
materials, worldwide in perpetuity, without further
compensation, notification or permission. You shall not claim or
be entitled to receive any compensation or credit for such use.
13. LIMITATION OF LIABILITY: By participating in this
Contest, entrants agree to release, hold harmless, and agree not
to institute any claim against Sponsor, affiliates,
subsidiaries, and their respective officers, directors,
employees, agents, and representatives (collectively, “Released
Parties”) from any and all liability whatsoever for any
injuries, losses or damages of any kind arising from or in
connection with, either directly or indirectly, 1) the awarding,
acceptance, receipt, possession, use and/or misuse of any prize
awarded herein; and/or 2) participation in the Contest or any
prize related activities. Upon delivery of the prize to the
winner, Sponsor will be deemed to have awarded the prize to the
winner with winner assuming full responsibility for the prize.
Under no circumstances will entrants be permitted to obtain
awards for, and entrants hereby waive all rights to claim,
punitive, incidental or consequential damages, or any other
damages, including attorneys’ fees, and entrants further waive
all rights to have damages multiplied or increased.
It is the policy of Sponsor, in compliance
with United States Internal Revenue Service regulations, to send
a Form 1099 to any winner receiving a prize valued in excess of
$600 (USD), which requires disclosure of the winner’s social
security number. The winner remains solely responsible for
paying all federal and other taxes in accordance with the laws
that apply in your state of residence.
14. PRIVACY: Sponsor will be collecting personal
data about entrants in accordance with its privacy policy. The
privacy policy applicable to this Contest can be found at
www.bgfoods.com/int_privacy.asp. By participating in the
Contest, you hereby agree to Sponsor’s collection and usage of
your personal information and acknowledge that you have read and
accepted Sponsor’s privacy policy. If you do not wish to receive
future promotional opportunities from Sponsor, please write to
the Sponsor at the address listed below. Notwithstanding
anything to the contrary set forth in such policy, all entries
received will be shared with a fulfillment house for the purpose
of selecting and notifying winners.
15. CHOICE OF LAW: All issues and questions concerning
the construction, validity, interpretation and enforceability of
these Official Rules, or the rights and obligations of entrants
and Sponsor in connection with this Contest, shall be governed
by, and construed in accordance with, the substantive laws of
the State of New Jersey, without regard to the applicable
conflict of law principles.
16. OFFICIAL RULES AND WINNERS LIST: A copy of these
Official Rules and a list of winners will be posted on
bestemeril.com.
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