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RULES – CHEF’S ROLL “2021 SOUR PATCH KIDS BITZ RECIPE CONTEST”

CHEF’S ROLL “2021 SOUR PATCH KIDS Bitz Recipe Contest”

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. CONTEST IS SUBJECT TO ALL APPLICABLE  FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. VOID IN ARIZONA, MARYLAND AND NORTH DAKOTA AND WHERE PROHIBITED BY LAW.

This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram, Apple, Google, or Facebook. Instagram, Apple, Google and Facebook are not affiliated with the Sponsor in any way.  Mondelēz Global LLC is not a sponsor of this Contest.

1. OVERVIEW/ ELIGIBILITY: The Contest consists of two (2) separate components (each a “Category”), each of which offers its own prize(s): (A) A recipe contest open to Professional Chefs and Restaurant Owners only (as further defined below); and (B) A recipe contest open to Culinary Students only, as described below. Participation in the Contest constitutes full and unconditional acceptance of these Official Rules. To participate in the Contest in either Category, you must create an original recipe using SOUR PATCH KIDS Bitz  (see details in Rule 3, below). Please note that you may request a free sample of SOUR PATCH KIDS Bitz (while supplies last) by following the instructions in Rule 2, below. Free sample supplies are limited.

The “CHEF’S ROLL 2021 SOUR PATCH KIDS Bitz Recipe Contest” (“Contest”) is open to legal residents of the fifty (50) United States, District of Columbia (“D.C.”), and  Puerto Rico, who are at least eighteen (18) years of age (at least nineteen (19) years of age if a resident of AL or NE) at the time of Entry, and: for Category (A), employed as a working chef, restaurant owner, culinary industry operator, or culinary professional; for Category (B), a Culinary Student, (as defined below).

Employees, officers and directors of Chef’s Roll, Inc. (“Sponsor”), Mondelēz Global LLC, and providers of the prizes, and each of their respective parent companies, affiliates, subsidiaries, divisions, and advertising and promotion agencies, and their immediate family members (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) and household members (defined as persons living in the same household, whether related or not) are not eligible to enter. Void in Arizona, Maryland and North Dakota, outside the remaining States, D.C. and Puerto Rico, and where prohibited by law or employer policy.

By participating, you warrant and represent that: (A) neither your participation in this Contest nor your acceptance of any prize you may receive violates any rules, policies or guidelines of the company by which you are employed (“Company”), nor any applicable federal, state or local laws; (B) you are authorized to participate in the Contest and accept a prize if awarded to you; and (C) your participation in the Contest is in your Company’s best interests. 

To be eligible to compete in the Professionals Category of the Contest, an entrant must be employed, at the time of entry, as a working chef or culinary industry operator (as defined below). “Working chef” includes: Restaurant owner, operator, executive chefs, sous chefs, lead line cooks, caterers, corporate chefs, culinary instructors and personal chefs. “Culinary industry operator” includes operators of: restaurants, catering companies, food distributors, health care facilities, corporation, culinary schools, retail markets and noncommercial foodservice establishments.

To be eligible to compete in the Culinary Student Category of the Contest, an entrant must be enrolled at the time of entry in a Certified Culinary Education Program or Curriculum.

Culinary Students are not eligible to enter the Professional Chefs/Restaurant Owners/Culinary Industry Operators Category of the Contest, and Professional Chefs/Restaurant Owners/Culinary Industry Operators are not eligible to enter the Culinary Student Category of the Contest.

2. HOW TO RECEIVE FREE SOUR PATCH KIDS BITZ:

Eligible individuals can register on chefsroll.com to request free samples of SOUR PATCH KIDS BITZ (5 pounds per sample) while supplies last as follows:

Beginning at 9:00 a.m. PT on May 10, 2021 and ending at 11:59 p.m. PT on May 23, 2021, access https://chefsroll.com/opportunities/2021-sour-patch-kids-bitz-recipe-contest/and follow all prompts and instructions to supply the required information. Free product samples will be shipped to eligible registrants within approximately three (3) to five (5) days following receipt of our request (subject to verification of your eligibility). Limit one (1) free product sample per person. Requests by any person in excess of one (1) will not be honored, and may subject that person to disqualification, at the discretion of the Sponsor.

3. TO ENTER/PROMOTION PERIOD: To enter the Contest, access www.ChefsRoll.com. (the “Website”) and follow all prompts and instructions to submit an original photo you have taken depicting an original recipe you, alone, have created using SOUR PATCH KIDS Bitz among other ingredients. You must also name and submit your recipe with instructions using standard U.S. measure, and complete and submit the online entry form. Your photo, recipe, and completed entry form, together, will constitute your “Entry” in the Contest. All photos must comply with the “Photo Submission Conditions and Requirements” outlined below, or the Entry in which the photo is included will be disqualified.

You must complete all required information on the entry form or your Entry will be disqualified. While not required, posting on Instagram is encouraged; using the hashtag #2021SPKBitzContest and also tagging the account @snackanddessertsolutions. Posting on Instagram will not have any influence on the selection of winners in this Contest. (See Rule 4, below, for details of winner selection.) Entries will only be accepted from 9:00 a.m. PT on May 24, 2021 through 11:59 p.m. PT on June 20, 2021 (the “Promotion Period”).

You may submit more than one (1)  Entry, provided each photo and recipe in each Entry are different from any others you have submitted, and each Entry is submitted separately. The number of Entries you submit will not have any influence on the selection of winners in this Contest.   

The following requirements and conditions apply to all Entries:

Photo Submission Conditions and Requirements

Entries must be submitted online only using the official entry form on the Website; The photo you submit must be high-resolution and in one of the following formats: .jpeg, .gif, or .png.; No individual other than the entrant may appear in the photo. Non-compliance may result in disqualification at the Sponsor’s discretion;

Entries may not depict the product(s), product names, logos or other indicia of any manufacturer other than Mondelēz Global LLC. (You are not required to include Mondelēz Global LLC’s product names, logos and/or other indicia in your photo).

All Entries must be received during the Promotion Period or they will be disqualified. The Website’s clock is the official timekeeper for the Contest;

The Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled Entries (or any portion thereof ) or free product requests, all of which will be disqualified, or for problems of any kind whether mechanical, human or electronic, including, but not limited to, bugs or malfunctions that entrants may encounter when submitting an Entry or participating in the Contest;

Entries will not be acknowledged or returned except as provided herein;

No Entries generated by automated entry devices and/or programs are permitted;

Proof of submission of an Entry will not be deemed to be proof of receipt by Sponsors. All Entries must include a completed entry form;

Entries must be the fully original creations of the entrants alone (no “team” or “surrogate” entries permitted). Modifying another person’s recipe does not constitute a fully original creation;

Sponsor reserves the right to reject any Entries that it deems, in its sole discretion, to be inappropriate for any reason whatsoever.

By submitting an Entry, you represent and warrant that: (a) the Entry is your original creation and was created solely by you; (b) you own all rights in the Entry and that the Entry has not been copied in whole or in part from any other work; (c) the Entry (including but not limited to any materials integrated into the Entry) does not violate or infringe any copyright, trademark/trade name, or other proprietary right of any person (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity; (d) the Entry has not been previously published; (e) the Entry has not won previous awards; and (f) publication of the Entry via various media, including but not limited to internet and social posting, will not infringe the rights of any third party. Each entrant agrees to indemnify and hold the Sponsor harmless from and against any claims to the contrary.

In the event of a dispute over the identity of a potential winner, the winning Entry will be declared made by the authorized account holder of the e-mail address associated with the submitted Entry. Any potential winner may be required to provide evidence sufficient to show that he/she is the authorized account holder of that e-mail address.

4. SELECTION AND NOTIFICATION OF WINNERS/JUDGING CRITERIA: At the end of the Promotion Period, a panel of qualified judges will select ten (10) Professional finalists and five (5) Student finalists, from among all eligible Entries received for each Category, based on the following criteria:

Recipe originality (40%);

Photo appeal (20%); and

Use of SOUR PATCH KIDS Bitz (40%).

Recipes that use only whole, unchopped SOUR PATCH KIDS candies will be disqualified from winning. Recipes should use SOUR PATCH KIDS Bitz product or chopped SOUR PATCH KIDS pieces.

Finalists for each Category will be announced on the Website on or about June 29, 2021. Using the criteria described in the preceding paragraph, the judging panel will further select, from among the finalists in each Category, the winners of the prizes described in Rule 4, below (each a “Winner”).

On or about July 2, 2021 the potential Winners will be announced by posts on the Chef’s Roll Website and Instagram account, and will be notified directly via email. If a Winner does not respond within forty-eight (48) hours of the date appearing on the prize notification, or fails to comply with the instructions contained in the prize notification within the time period specified therein, Sponsor reserves the right to choose an alternate Winner for the applicable Category based on the judging criteria described above. Return of any prize notification as undeliverable will result in disqualification and selection of an alternate Winner for the applicable Category based on the judging criteria described above. Each winner will be required to complete and return an Affidavit of Eligibility and Liability/Publicity Release, and IRS Form W-9. Each winner will be issued an IRS Form 1099 for the value of his/her prize.

If any potential Winner fails to comply with all terms and conditions set forth in these Official Rules, that potential Winner will be disqualified and an alternate winner will be selected for the applicable Category based on the judging criteria described above.

5PRIZES /APPROXIMATE RETAIL VALUES (“ARV”)Professional Category. One (1) Grand Prize Winner will be selected to receive the Grand Prize package, which consists of the following: $5,000.00 (awarded as a check payable to Winner); one (1) custom, hand-painted mixer from Waring Commercial (ARV: $1000.00); and one (1) custom blade from Meglio Knives  (ARV: $400.00).  

One (1) Second Place Winner will be selected to receive the Second Place prize package, which consists of the following: $1,500.00 (awarded as a check payable to Winner); and one (1) custom blade from Meglio Knives (ARV: $400.00).  

One (1) Third Place Winner will be selected to receive the Third Place prize package which consists of the following: $1,000.00 (awarded as a check payable to Winner); and one (1) custom blade from Meglio Knives (ARV: $400.00).

Student Category. One (1) Winner will be selected to receive the Student prize package, which consists of the following: $500.00 (awarded as a check payable to Winner); and one (1) custom blade from Meglio Knives (ARV: $400.00).

Total ARV of all prizes combined: $10,600.

All prize details not stated herein will be determined by the Sponsor in its discretion. Prizes must be accepted as awarded, and are non-assignable, nontransferable, and not redeemable for cash (except as noted above). No prize substitutions allowed except as provided herein. Sponsor reserves the right to substitute a prize (or portion thereof) of equal or greater value if an advertised prize (or portion thereof) becomes unavailable. All prizes are awarded “as is” without warranty of any kind, express or implied, in fact or in law, on the part of the Sponsor or Mondelēz Global LLC. Winners agree to look to the manufacturer of the prize, and not the Sponsor or Mondelēz Global LLC, for any warranty on the prize or for any damages arising out of acceptance or use of the prize. All prizes will be awarded provided a sufficient number of qualified Entries is received, and Prizes are claimed properly in accordance with these Official Rules. Incidental expenses and all other costs and expenses which are not specifically listed as part of a prize in these Official Rules and which may be associated with the award, acceptance, receipt, and use of all or any portion of an awarded prize are solely the responsibility of the prize Winner. All federal, state, and local taxes associated with the receipt or use of any prize are solely the responsibility of the Winner. Limit one (1) prize per person or household.

6. APPLICABLE LAW AND JURISDICTION: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants’ rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of California or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than California.

By participating, entrants agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, this Contest or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal, state or local court located in California; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including but not limited to costs associated with entering this Contest, but in no event attorneys’ fees; and (c) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and/or consequential damages and/or any other damages, other than 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 TO YOU.

7. WAIVERS AND RELEASES: By entering, entrants agree: (a) to be bound by these Official Rules and the decisions of Sponsor, which are final and binding; (b) that they may be contacted in person, by phone or by e-mail, with respect to the Contest only; (c) that Sponsor, Instagram, Apple, Google, Facebook and the prize providers, and each of their respective parent companies, affiliates, subsidiaries, divisions, and advertising and promotion agencies, and their respective officers, directors, shareholders, and employees (collectively “Releasees”) are not responsible for lost, damaged, or misplaced Entries or free product requests, incorrect or inaccurate transcription of Entry information, or for any human or other error, printing, mailing or distribution errors, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or Website, or any other error or malfunction in the receipt and processing of Entries or free product requests, or any injury or damage to entrant’s or any other person’s computer related to or resulting from participation in this Contest, or for any injury to person or property arising from or in connection with participation in the Contest; and (d) that the Releasees will not be liable for losses or injuries of any kind resulting from acceptance/possession/use and/or misuse of any Prize (if applicable), or participation in the Contest or in any Contest-related activities.

Sponsor is not responsible if Contest cannot take place or if any prize cannot be awarded due to acts of God, acts of war, natural disasters, pandemic, weather, acts of terrorism or similar events beyond the Sponsor’s control. Sponsors reserve the right to modify these Official Rules for clarification purposes, provided such modifications do not materially affect the terms and conditions of the Contest.

8. PUBLICITY: Unless prohibited by law, submission of an Entry constitutes permission for the Sponsor and Mondelēz Global LLC to use that entrant’s name, place of employment/enrollment, submitted photo, recipe and recipe name, recipe description and/or likeness for advertising and trade purposes without further compensation or right of review or approval, worldwide and in perpetuity, in any and all forms of media, now known and hereafter devised, including without limitation the Internet.

9. ADDITIONAL CONDITIONS: If for any reason the Contest is not capable of being executed as planned, or tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Sponsor corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to disqualify any suspect Entry and to cancel, terminate, modify or suspend the Contest. If the Contest is terminated before the stated end date of the Promotion Period, Sponsor reserves the right to award the prizes from among all eligible, non-suspect Entries received as of the date of the termination based on the judging criteria described herein. Entries not complying with these Official Rules in any way are subject to disqualification.

No more than the number of prizes stated in Rule 5 will be awarded. If, for any reason, the number of prize notifications issued for this Contest in either Category exceeds the number of prizes intended for that Category, as described in Rule 5, above, the applicable prize will be awarded in a random drawing from among all recipients of such notifications.

Sponsor may prohibit an entrant from participating in the Contest in its sole discretion, if it determines that the entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception or other unfair playing practices (including the use of automated quick entry programs) or is intending to annoy, abuse, threaten or harass any other entrants or Sponsors’ representatives, or has tampered with, or is attempting to tamper with, the entry process in any way.

In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials or made by any representatives of the Sponsor, and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision.

10. DATA PRIVACY: Entrants agree that their personal data, including name, e-mail address, phone number, and physical address, may be processed, stored and otherwise used for the purposes and within the context of this Contest and for any of the purposes set forth in the Chef’s Roll Privacy Policy, available at https://chefsroll.com/privacy-policy/. By participating in this Contest, entrants are agreeing to Chef Roll’s Privacy Policy. The personal information that Sponsor collects is stored and processed on servers in the United States.

11. SEVERABILITY: If any provisions of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

12. TRADEMARKS: Trademarks referenced herein are the property of their respective owners and do not imply or suggest that such entities endorse or support this Contest.

13. GRANT OF RIGHTS IN PHOTOS/RECIPES: As a condition to entry into this Contest, each entrant grants to the Sponsor and Mondelēz Global LLC, and their respective parents, subsidiaries, affiliates, employees, licensees, designees, franchisees, development agents, successors, and assigns (collectively the “Contest Entities”), a fully transferable, perpetual, irrevocable, and royalty-free worldwide license to reproduce, distribute, modify, publicly display, publicly perform, publish, sell, and otherwise use any and all submitted photos, recipes and all other aspects of his/her Entry in commerce and in any and all media and formats, whether now known or hereafter developed, and for any purpose, including without limitation: (a) any purpose relating to the Contest; (b) the marketing, advertising, and promotion of the Contest; and (c) the marketing, advertising, promotion, and development of Sponsor’s and Mondelēz Global LLC’s products and services. Said uses may include, but are not limited to, posting the submitted photo or recipe on any internal or public external websites and the Internet, and loading and operating the submitted photo on computers and mobile devices. Each entrant agrees, upon Sponsor’s request, to do or perform all such actions and execute all such further documents and instruments as may be necessary or advisable in order to perfect or otherwise make the above license grant fully effective. ENTRANTS AGREE TO AND UNDERSTAND THAT PHOTO AND RECIPE MAY BE MADE AVAILABLE TO THE PUBLIC, INCLUDING, BUT NOT LIMITED TO, POSTING ON THE INTERNET.

Each entrant expressly waives all rights to review or approve any use that the Contest Entities make of his/her Entry in accordance with these Official Rules. By entering, each entrant further agrees to waive all rights of attribution if his/her Entry is used by Contest Entities or anyone Contest Entities authorize, and to waive any moral rights in the Entry.

By entering the Contest, each entrant agrees that his/her Entry is gratuitous, unsolicited and without restriction, and will not place Sponsor under any obligations other than those contained in these Official Rules, and that Sponsor and Mondelēz Global LLC are free to disclose the ideas contained in the Entry on a nonconfidential basis to anyone or otherwise use the ideas therein without any compensation to the entrant. Each entrant further acknowledges that Sponsor and Mondelēz Global LLC do not waive any rights to use similar or related ideas previously known to Sponsor or Mondelēz Global LLC, or developed by their respective employees, or obtained from sources other than the Entry.

By entering the Contest, each entrant further understands and acknowledges that he/she will not now or in the future be paid or compensated in any way for his/her Entry or for granting the Contest Entities any of the rights set out in these Official Rules. Each entrant further acknowledges that Contest Entities are not obligated to make use of any of the rights granted in these Official Rules.

14. WINNERS LIST/ OFFICIAL RULES: To request the names of all Winners (available after July 2, 2021 upon verification of all winners) or a copy of these Official Rules, e-mail your request to support@chefsroll.com or mail your request, along with a self-addressed stamped envelope to: 325 W. Washington St, Suite 2138 San Diego,CA 92103. Residents of Vermont may omit return postage from Official Rules requests. Requests for a copy of these Official Rules received more than thirty (30) days after the Promotion Period will not be honored.

15. SPONSOR: This Contest is sponsored solely by Chef’s Roll, Inc., 325 W. Washington St, Suite 2138, San Diego, CA 92103.

 Any questions, comments or complaints regarding this Contest must be directed to the Sponsor only, and NOT to Instagram, Apple, Google, Facebook or Mondelēz Global LLC.