BEST OF REINHART: BAR & GRILL CONTEST OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
THIS CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND NOT LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
1. Eligibility: The Best of Reinhart: Bar & Grill Contest (“Contest”) is open to i) a restaurant or food truck located in the 50 U.S. or D.C., including restaurants located in hotels but expressly EXCLUDING restaurants in casinos, government facilities, educational facilities, healthcare facilities, or U.S. military bases, that ii) employ the creator/author of the Recipe (each a “Nominee”). Restaurants that are exclusively caterers are not eligible. There is no minimum or maximum number of restaurant locations required for Nominees. Nominee will be required to submit the name of the creator/author of the Recipe as part of its Entry. Nominee must be nominated by legal residents of the 50 United States or the District of Columbia, age 18 or older, and who are either i) an employee of Reinhart Foodservice LLC; ii) an authorized employee of a restaurant located in the 50 U.S. or D.C.; or iii) an employee of a manufacturer, supplier, or broker of Reinhart Foodservice LLC goods (each a “Nominator”). A Nominator must be in good standing as may be determined by Nominator’s employer. Nominators/individuals are not eligible to receive a prize. Contest governed by U.S. law. Contest is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.
To be eligible for the Contest, all Entries must be received between 12:00:01 AM Central Time (“CT”) on 10/26/15 and 11:59:59 PM CT on 11/23/15 (the "Contest Entry Period"). Entry materials that have been tampered with or altered are void. Use of automated processes and devices to submit electronic entries are not permitted. Sponsor and its respective parent companies, subsidiaries, affiliates, advertising and promotion agencies, retailers, distributors (collectively, “Contest Entities”) are not responsible for any changes or effects caused to entrant’s computer system as a result of submitting electronic entries. Only entries submitted via the forms listed herein will be accepted. Entries submitted via facsimile or any other method not specified herein will NOT be accepted. Not responsible for lost, late, misdirected or otherwise undeliverable mail, or entries that cannot be processed due to phone, network, electronic or computer hardware or software failure, or technical failures of any kind. Sponsor reserves the right at its sole discretion to disqualify any individual or entity that tampers or attempts to tamper with the entry process or the operation of the contest or website or violates the Official Rules. In the case of duplicate Entries submitted per Category by a Nominee, only the first Entry received will be eligible. All Entries become Sponsor’s property and will not be returned or acknowledged. Limit: Only one (1) Entry per Category per Nominee. Entries with duplicate email addresses or multiple Entries using different email addresses for a single Nominee will be disqualified. In the event of a dispute over the identity of an online entrant, the disputed Entry may be disqualified in the sole discretion of the Sponsor. Should multiple users of the same e-mail account enter the Contest and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address.
3. Entry: Nominee’s Entry must comply with the following and by entering you represent and warrant and agree that:
- the Recipe was created by you or a current employee of Nominee and not copied from any other material and does not infringe upon the rights of any third party;
- the Recipe does not contain any brand name products unaffiliated with Sponsor, Nominator, or Nominee;
- the Recipe has not been previously published or submitted in any other contest or competitions and/or to any media, including, without limitation, any books, or magazines;
- the Entry is not sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
- the Entry does not promote the overconsumption of alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- the Entry is not obscene or offensive, endorse any form of hate or hate group;
- the Entry does not defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies;
- the Entry does not infringe trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- the Entry does not infringe copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission;
- the Entry does not contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
- the Entry does not communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
- the Entry does not depict, and is not itself, in violation of any law.
- you will hold harmless Contest Entities and their respective officers, directors, employees, divisions, affiliates, subsidiaries, advertising and promotional agencies, from any claim by any third party relating to any rights in the Recipe and/or Entry.
By entering you grant Contest Entities and any organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion of the Contest, the perpetual, fully-paid, irrevocable, non-exclusive license to publish, reproduce, prepare derivative works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, otherwise use, and permit others to use and perform throughout the world the Entry in any manner, form, or format now or hereinafter created, including on the internet, and for any purpose, including, but not limited to, advertising or promotion of Contest Entities and Contest all without further consent from or payment to you, including those Entries which were not selected as the Contest winner. By submitting your Entry, you agree that Sponsor has no obligation to post or publish your Entry/Recipe, that all such postings or publication, if any, will be in Sponsor’s sole discretion and that the posting or publication of a Recipe does not guarantee the Recipe will be selected as the Contest winner. ENTRIES POSTED TO THE WEBSITE WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. By submitting an Entry, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose or otherwise use the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by their respective employees, or obtained from sources other than you.
4. Judging: This Contest consists of two (2) rounds of judging:
A. Round 1: Judging will be conducted by a panel of Sponsor-selected qualified judges, including but not limited to personnel from Restaurant, Inc. magazine. Judges’ decisions are final and binding. All eligible Entries will be judged based on the judging criteria in these Official Rules. The five (5) top scoring Round 1 Entries per Category will advance to Round 2 as Finalist Entries (“Finalist”). Sponsor reserves the right to advance fewer than five (5) entries to Round 2 if, in its sole discretion, it does not receive a sufficient number of eligible Entries.
B. Round 2: All Finalist Entries will be prepared by chefs of Sponsor’s choosing and judged by a new panel of qualified judges consisting of Sponsor-selected recipe testers, based on the judging criteria in these Official Rules to determine the winning Entry in each Category. The one (1) Entry per Category with the highest score at the end of Round 2, as determined by the judges in their sole discretion, will be declared the winners of the Contest (“Winners”).
Judging Criteria: During Round 1, all Entries will be judged in the following criteria: (i) creativity (25%), (ii) completeness of the recipe instructions (25%), (iii) adherence to Category theme (15%), (iv) ease of execution (10%); and (v) Essay content (25%).
During Round 2, all Entries will be judged in the following criteria: (i) taste (40%); (ii) originality (40%); (iii) appearance and texture (20%).
Ties: In the event of a tie, tie breaker will be based upon the highest score in the first judging criteria, continuing thereafter to each judging criteria in order, as needed, to break the tie.
5. Prizes: Five (5) Grand Prize Winners (one from each Category) will each win a $2,000 credit from Sponsor and a framed article in Restaurant, Inc. Credit may not be applied to any outstanding balance or debt owed to Sponsor. Total approximate retail value (“ARV”) of each Grand Prize is $2,000.00. Each of the remaining four (4) Finalists per Category will each receive a framed mention in Restaurant, Inc. Total ARV of all prizes: $10,000. All federal, state, local and other taxes, costs and expenses relating to the use, acceptance and possession of the Prize are the sole responsibility of the Winners. Grand Prize Winners will be issued an IRS 1099. Prizes are non-transferable and no substitution by any Winner or cash equivalent is allowed. Sponsor reserves the right to substitute Prize or portion of Prize for one of equal or greater value in its sole discretion.
6. Selection of Winners: Finalists will be determined on or about December 15, 2015 and will be notified by e-mail, first class mail and/or phone on or about December 15, 2015. Each Finalist will be required to sign and return to Sponsor an affidavit of eligibility and liability/publicity release (“Affidavit”) and license within seven (7) days of the date of winning notification; otherwise a new Finalist having the next highest score will be selected. Grand Prize Winners will be verified on or about January 20, 2015 and notified on or about January 20, 2015. Prizes will be awarded within 30 days after receipt and verification of completed prize notifications. If an Affidavit or prize notification is returned as undeliverable, the prize will be awarded to the entrant with the next highest scoring Entry. Entry and acceptance of prize constitute permission (except where prohibited by law) to use each winner's name and likeness for promotional purposes without further compensation. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.
7. General: By submitting your Entry, you agree to accept these Official Rules and agree to be bound by the decisions of the judges and the Sponsor, and on their behalf, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), release, defend and hold harmless the Sponsor and its respective affiliated companies, and all other businesses involved in this Contest, as well as the employees, officers, directors and agents of each (“Released Parties”), from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, extent, executions, claims and demands whatsoever, in law, admiralty or equity, whether known or unknown, foreseen or unforeseen, against Released Parties which any one or more of the Releasing Parties ever had, now have or hereafter can, shall or may have which in any way arise out of or result from entrant’s participation, acceptance and use or misuse of any prize, including any travel related activities.
Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of any prize. In the event Sponsor is prevented from continuing with the Contest as contemplated herein by any event beyond its control, or otherwise, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, or local government law, order, or regulation, or order of any court, or other cause, Sponsor shall have the right to modify, suspend, extend or terminate the Contest. Entrants assume all liability for any injury, including death or damage caused or claimed to be caused, by participation in this Contest or use or redemption of any prize. Sponsor reserves the right, in its sole discretion to cancel or suspend this Contest should fraud, virus, bugs or other causes beyond the control of Sponsor corrupt the administration, security or proper play of the game. In the event of cancellation, Sponsor will randomly award the prizes from among all eligible, non-suspect entries received prior to cancellation.
Entry materials/data that have been tampered with or altered, or mass Entries or Entries generated by a script, macro or use of automated devices are void. The Sponsor is not responsible for: (i) lost, late, misdirected, damaged, illegible or postage due mail/Entries; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of Entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive Entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Contest, or (iv) the failure of any third party to comply with the instructions and proper administration of this Contest. By participating in the Contest, entrants (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the independent judging organization, which are final and binding in all matters relating to the Contest. Failure to comply with these Official Rules may result in disqualification from the Contest. Sponsor reserves the right to: permanently disqualify from any Contest it sponsors any person it believes has intentionally violated these Official Rules; and terminate the Contest or the online portion of the Contest if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Contest), or to select winners from among all eligible Entries received prior to termination. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL & CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
8. Governing Law and Jurisdiction: These Rules and this Contest are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Nominees and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Illinois, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth herein and/or for entering any judgment on an arbitration award, shall take place in the State of Illinois, in the City of Chicago.
9. Binding Arbitration: Any controversy or claim arising out of or relating to the Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN A REINHART FOODS LLC PROMOTION, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
10. Winners’ Names: For the names of the winners send a stamped, self-addressed envelope by December 31, 2015 to: Best of Reinhart: Bar & Grill Contest Winners, Reinhart Foodservice LLC, 6250 N River Road, Suite 9000, Rosemont, IL 60018.
12. SPONSOR: Reinhart Foodservice LLC, 6250 N River Road, Suite 9000, Rosemont, IL 60018.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Best of Reinhart: Bar & Grill Contest is open to restaurants or food trucks located in the 50 U.S. or D.C nominated by an employee of Reinhart Foodservice LLC; an authorized employee of a restaurant located in the 50 U.S. or D.C.; or an employee of a manufacturer, supplier, or broker of Reinhart Foodservice LLC goods. To enter and view complete Official Rules, which govern this Contest, visit http://rfsdelivers.com/bestofcontest. Entries must be received between 10/26/15 at 12:00:01 AM CT and 11/23/15 at 11:59:59 PM CT. Void where prohibited by law. Sponsor: Reinhart Foodservice LLC 6250 N River Road, Suite 9000, Rosemont, IL 60018.