CONTEST DATES
Entries for the Spookamole Recipe Contest (“Contest”) will be accepted beginning 12:01 a.m. ET on Monday, September 19, 2011 through 11:59 p.m. ET on September, 30, 2011 (“entry period”). All entries must be submitted and received within this time period. Any entries not received within this time period will not be eligible and such entries will not be considered.
ELIGIBILITY
This Contest is open to legal United States residents who are 18 years of age or older as of September 19, 2011. Current members of the The Asociacion de Productores y Empacadores Exportadores de Aguacante de Michoacan, A.C., (APEAM) and any talent union or guild and all employees of APEAM, its sponsors, subsidiaries, affiliates, owners, administrators, and their respective members, officers, directors and shareholders (collectively “APEAM” or “Sponsor”) and their marketing partners and any such employees’ immediate family or household members are not eligible to enter or win the Contest. Limit one prize per person.
HOW TO ENTER
You may enter by completing and submitting the online entry form, posted at
this page and fulfill the requirements described in these rules. You must provide all information requested on the entry form, and you must have a valid e-mail account in order for your entry to be eligible. Incomplete entries will be disqualified. In the event of a dispute regarding the identity of an entrant, the holder of the e-mail account will be deemed the person who submitted the entry.
Your recipe must be an original, based on and incorporating ingredients that you create entirely on your own. In addition, your recipe must incorporate Avocados from Mexico and it should address the following theme: Halloween.
An entrant may submit more than one entry, but only one entry submitted by each entrant may be a finalist. In other words, an entrant may increase his or her likelihood of being determined a finalist in the judging portion of the Contest by entering multiple times and submitting a different recipe with each entry, but only one of his or her entries may be determined a finalist, so that it may be voted upon to result in the entrant receiving a prize. No entrant may win more than one prize.
Any entries that do not meet the criteria set forth in these rules shall not be eligible and will not be considered. If Sponsor determines that any entry is not an original work, incorporates existing copyrighted works, or otherwise does not meet the criteria set forth in these rules, such entry will be disqualified. All entries become the exclusive property of Sponsor and will not be returned. By entering the Contest, you irrevocably license Sponsor, and their sublicensees to edit, reproduce, publicly display, publicly perform, distribute copies of, and make derivative works based upon your recipe.
Recipes must be in keeping with Sponsor's image and may not be offensive, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person's personal or proprietary rights. In such an event, the recipe will be disqualified from the Contest.
DETERMINATION OF FINALISTS/ JUDGING
After the conclusion of the entry period, on or about October 6, 2011, Sponsor will determine five (5) recipes submitted by entrants, to qualify as finalists, based on the following judging criteria: (1) originality and overall quality of each recipe (25%), (2) taste of the recipe (25%), (3) the creativity of the recipe idea (25%), and (4) the recipe’s success in expressing the theme (25%). In the event of a tie, tied finalists’ entries will be re-judged by the judges based solely on the taste of the recipe. The finalists will be determined in the sole discretion of Sponsor and its agents, whose decisions will be final, subject to verification of the selected finalists’ eligibility. Any entry that does not comply with the requirements of these rules or that is deemed offensive or inappropriate, in the sole discretion of Sponsor and its agents, may be disqualified.
Each finalist will be notified that he or she has been determined a finalist by telephone or e-mail. Before a finalist’s recipe is submitted into the voting process for consideration as a winning recipe, the finalist must present valid identification and sign
a Release, Waiver and Assignment Agreement (“Release”), confirming that such finalist meets all eligibility requirements and the finalist’s entry meets all criteria set forth in these rules. If Sponsor is unable to contact any finalist to notify such finalist that he or she has been determined a finalist, if any notification is returned as undeliverable, for any reason beyond Sponsor’s control, or if any finalist fails to sign a Release by the deadline established by Sponsor, his or her right to participate as a finalist shall be forfeited, and a substitute finalist will be determined as indicated above. Also, if a recipe submitted by an entrant determined as a finalist features recognizable individuals other than the entrant, then all recognizable individuals depicted in the recipe must also present valid identification and sign a Release, confirming that they meet the eligibility criteria for this Contest and that they will have no rights to any prize awarded to the entrant. If any of the other individuals featured in the recipe of an entrant determined as a finalist do not sign a Release by the deadline established by Sponsor, the applicable finalist’s right to participate as a finalist shall be forfeited, and a substitute finalist will be determined.
Public voting of the finalists’ recipes will be featured on
this page and will begin at 12:01 am ET on Monday, October 10, 2011 and end at 11:59 pm ET on Sunday, October 16, 2011. An individual will be eligible to vote once per day throughout the voting period. The finalist’s recipe that receives the most votes will be the Grand Prize winner.
PRIZES AND APPROX. RETAIL VALUES (“ARV”)
Grand Prize (1 winner) – $1,000 awarded as a check. The finalist whose recipe is judged the winner according to the above criteria will be named the Grand Prize winner, and will receive a prize in the amount of $1,000.
Runners Up Prize (4 winners) – $250 awarded as a check. Each finalist (who does not win the Grand Prize) will receive a $250 prize.
The total value of the prizes to be awarded in the Contest is $2,000. The value of each prize may be taxable as income to the winner of the prize, and all federal, state, and local taxes associated with each prize are the sole responsibility of its winner, as applicable.
GENERAL CONDITIONS
The Contest will be governed by these rules. By participating in this Contest, all participants agree to be bound by these rules and the decisions of Sponsor and its agents, whose decisions are final on all matters relating to this Contest. The Contest is void where prohibited by law and it is subject to all federal, state, and local laws and regulations.
Sponsor and such companies’ parent corporations, subsidiaries, and affiliates, and the officers, directors, agents, and employees of any such companies are not responsible for and shall not be liable for: (i) lost, misdirected, unintelligible, improperly formatted, damaged, incomplete, or late entries; (ii) any act, failure to act, delay, or error relating to the transmitting or processing of entries; (iii) telecommunications network, phone system, computer system, hardware, or software malfunctions, failure, disconnection, data loss, or other difficulties of any kind, including any injury or damage to a participant’s or other person’s computer related to or resulting from participating in the Contest, or accessing, downloading, or uploading materials relating to the contest; (iv) any conditions caused by events beyond the control of Sponsor that may cause the contest to be disrupted or corrupted; (v) any losses or damages of any kind resulting directly or indirectly from acceptance, use, or misuse of any prize awarded in the Contest or from participation in the Contest; or (vi) any errors in any materials relating to the Contest. Sponsor reserves the right, in its sole discretion, to cancel, modify, terminate, or suspend this Contest without notice if causes beyond Sponsor’s control corrupt the administration, security, or operation of the Contest.
By participating in this Contest, you agree to release and hold harmless Sponsor and such companies’ advertising agencies; corporate sponsors; and the respective parents, corporate parents, subsidiary entities, affiliates, successors, assigns and licensees, and the respective directors, officers, governors, trustees, volunteers, employees, agents, contractors, partners, shareholders, attorneys, accountants, auditors, independent contractors, representatives and members of each of the foregoing entities (“Released Parties”) from any and all damages, injuries, claims, causes of action, or losses of any kind resulting from your participation in this Contest, or your acceptance, possession, use, or misuse of any prize, including without limitation, personal injury, death, property damage, defamation, infringement of intellectual property rights, and claims based on the rights of publicity and privacy. Without limiting the generality of the foregoing, and by way of illustration, the following are claims and causes of action which are included within those which are hereby released and waived: (i) any and all claims for or related to any physical, emotional or reputational injury, death, disability, or property damage, including, but not limited to, claims based in whole or in part upon negligence, gross negligence, intentional misconduct, failure to supervise, breach of express or implied warranty, any defect in or failure of any equipment or facilities, or the failure to provide or follow warnings or instructions; (ii) any and all claims for fraud, misrepresentation, concealment, failure to disclose or coercion; (iii) any and all claims for discrimination, harassment or any similar conduct; (iv) any and all claims arising out of or relating to the administration of the Contest; (v) any and all claims for infringement or other violation of intellectual property rights or so-called "moral rights" or "droits morals," or which concern, refer or relate to the use or misuse of any entry materials, including, without limitation, any privacy claims or claims of defamation; and (vi) any and all claims for indemnification, contribution or other apportionment of liability. As a participant, you hereby forever and unconditionally release and waive the right to sue or assert any claim, counterclaim or set-off against any and all of the Released Parties for any released claims, and otherwise absolve the Released Parties of any and all liability or responsibility with regard to the subject matter of these Official Rules or in any way related to this Contest.
By participating in this Contest, you also agree to have your name, photograph, voice, biographical information, likeness and recipe submission used in any and all media for promotional purposes relating to this Contest or future similar contests without further compensation or notice, except as prohibited by law. You also grant Sponsor and their sublicensees an irrevocable, perpetual license to reproduce, display, perform, distribute copies of, and make derivative works based upon your recipe.
For a copy of these Official Rules or the names of the winners of prizes valued at $25 or more, send a self-addressed stamped envelope to: Spookamole Recipe Contest, c/o Lewis & Neale, 320 West 13th Street, Seventh Floor, New York, New York, 10014. The names of the winners will be available after the winners have been verified and the prizes have been awarded.
CONTEST VOID WHERE PROHIBITED OR RESTRICTED BY LAW
This contest offer is void where prohibited or restricted by law and is subject to applicable federal, state, local laws and regulations. By participating in this contest, entrants agree to be bound by these rules and by the decisions of the Sponsor, which are final in all matters relating to this contest. Prizes are nontransferable. By accepting any prize, winner consents to the use of their name, photo, voice, and likeness (and recipe, if applicable) for promotional, advertising, publicity or trade purposes in any and all media worldwide in perpetuity by Sponsor without further compensation to winner or any other person depicted in photo unless otherwise prohibited by law. Arrangements for the fulfillment of all prizes will be made by the Sponsor. Receipt of any prize is conditioned upon compliance with any and all applicable federal, state and local laws, rules and regulations. Sponsor and judges not responsible for late, lost, stolen, damaged, incorrect, incomplete, or misdirected entries, misrouted or scrambled transmissions or communications, for errors, omissions, interruptions, deletions, defects, or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of telephone, Internet, computer hardware, software, communications devices, or transmission lines or data corruption, theft, destruction, unauthorized access to or alteration of entry materials, loss or otherwise. Sponsor disclaims any liability for damage to any telephone or computer system resulting from participation in, or accessing or downloading information in connection with, this Contest, and reserves the right, at its sole discretion, to modify, cancel, terminate or suspend this Contest should any virus, bug, technical failures, unauthorized human intervention or other causes beyond Sponsor’s control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In the event of any cancellation, termination or suspension, a notice will be posted and judging will take place from among all eligible entries received prior to such time. Sponsor reserves the right, at its sole discretion, to disqualify any entrant if his or her fraud or misconduct affects the integrity of the Contest. Entries will be considered made by the authorized account holder of the e-mail address submitted at time of entry. All entrants further agree that in the event of any third party claims, damages, losses or injuries, arising from or relating to this Contest, they will indemnify Sponsor from any and all such claims, including the attorneys' fees related thereto. By accepting prize, winner agrees to release Sponsor, Lewis & Neale and their respective directors, employees, officers, and agents, including without limitation, their advertising and promotion agencies, from any and all liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of prize or participation in any prize-related activities. Sponsor is not responsible for typographical, printing, or other inadvertent errors in these Official Rules or in other materials related to the Contest.
GOVERNING LAW & VENUE
The New York court (state & federal) shall have sole jurisdiction of any controversies regarding the Contest and the laws of the state of New York shall govern the same. Each entrant waives any and all objections to jurisdiction and hereby irrevocably submits to the venue of those courts within New York County in New York. All claims, actions, proceedings or litigation brought by any party hereto arising under or concerning, referencing, or relating to these Official Rules and/or the subject matter hereof shall be instituted and prosecuted exclusively within the Federal and State courts situated within the City of New York. New York and the parties hereby agree and submit to the exclusive personal jurisdiction and venue of such courts for such purposes.
SPONSOR
The Asociacion de Productores y Empacadores Exportadores de Aguacante de Michoacan, A.C., (APEAM), Av Tlaxcala #1675, Colonial Los Angeles, Utuapan, Michoacan, CP 60160, Mexico.