TASTE SUMMER WITH KING’S HAWAIIAN RECIPE CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. Eligibility: The Taste Summer with King’s Hawaiian Recipe Contest (the “Contest”) is open only to legal residents of the United States (excluding New York and Rhode Island) and the District of Columbia who are at least twenty-one (21) years old at the time of entry. Employees of King’s Hawaiian Bakery, West, Inc. and its affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: King’s Hawaiian Bakery, West, Inc., 19161 Harborgate Way, Torrance, CA 90501.
3. Timing: The Contest begins on June 25th, 2008 at 12:00 a.m. Pacific Time ("PT") and ends on September 2, 2008 at 11:59 p.m. PT (the "Contest Period"). Sponsor’s computer is the official time keeping device for the Contest.
4. How to Enter: Visit http://kingshawaiian.com_ and follow the links and instructions to submit your entry. Complete and submit the registration including a valid home address, phone number and email address. P.O. Boxes are not permitted. There is no cost to register or enter. Complete your entry by uploading the recipe from your computer. Any type of recipe may be submitted, but the recipe must contain King’s Hawaiian Sweet Bread and contain no more then five ingredients plus the bread. The recipe must be original, unpublished, may not have previously won any award or prize, and must not violate or infringe the rights of any third party, including but not limited to rights of copyright, trademark, publicity or privacy. By entering the Contest, entrants attest to the fact that, to the best of their knowledge, their recipes submissions are original creations and not the copyrighted property of another person or entity. Multiple recipes may be entered so long as each one is entirely unique and complies with all other requirements of the Official Rules. In the event identical recipes are received from different entrants, the first qualified recipe which is received online by Sponsor will be judged. Any later received identical recipes will be eliminated from further consideration. All recipes submitted become the property of Sponsor, and by entering the Contest, entrants agree to assign all rights in their submitted recipes to Sponsor and permit Sponsor to use such recipes in any media, including the Internet, for commercial, promotional or any other purpose whatsoever. Entrants who do not agree to such use should not enter this Contest. In the event of a dispute as to any entrant, the authorized account holder of the email address used to register will be deemed to be the entrant. 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. The potential winner may be required to show proof of being the authorized account holder.
5. Judging and Selection of Winners: On or before October 15th, 2008, all eligible entries will be read in a first round of judging by a professional recipe consultant selected by Sponsor and judged equally on each recipe's originality and appeal to select forty (40) finalists ("Finalists"). Each Finalist recipe will then be prepared and judged on taste (30%), appearance (25%), ease of preparation (25%) and appeal (20%). Decisions of the judge are final and binding in all respects. The potential winners will be notified by mail, email or phone. Each potential winner will be required to sign and return to Sponsor, within ten (10) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her prize. If a potential winner cannot be contacted, or fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release within the required time period, he/she will forfeit the prize. Potential winners must continue to comply with all terms and a condition of these Official Rules and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner from among all remaining eligible entrants. Prizes will be fulfilled within eight (8) to ten (10) weeks after the conclusion of the Contest. The winning recipes may be posted on Sponsor’s website for public viewing.
6. Prizes: Thirty (30) prizes in total will be awarded. FIVE (5) GRAND PRIZES will each consist of an outdoor entertaining set comprised of a table, four chairs, canopy and a Char-Broil Infrared Grill. Approximate Retail Value (“ARV”): $2,000 each. The ARV is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. The grand prize is non-transferable and no substitution will be made except as provided herein at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. TWENTY-FIVE (25) FIRST PRIZES will each consist of a $200 gift card that will be redeemable at specified local supermarkets. Each first prize has a retail value of $200. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Total ARV of all prizes: $15,000. Odds of winning a prize depend, in part, on the number of eligible entries received during the Contest Period. Limit: One (1) prize per person.
7. Release: By receipt of any prize, winner agrees to release, indemnify and hold harmless Sponsor, and its subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, claims relating to copyright or trademark infringement, defamation or invasion of privacy or infringement of any third party rights, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
8. Publicity: Except where prohibited, participation in the Contest constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest, provided that if it is not possible to award another entry due to discontinuance of the Contest, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to proceed with the Contest from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes from among all legitimate, un-awarded, eligible entrants.
11. Disputes: Except where prohibited, entrant agrees that: (1) 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 United States District Court for the Central District of California or the appropriate California State Court located in Los Angeles County, California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and 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 the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
12. Entrant's Personal Information: By entering and providing the required entry information, entrants acknowledge and agree that Sponsor may send entrants information, samples or special offers it believes may be of interest to entrants about its products or other complementary goods offered by Sponsor. Information collected from online entrants is subject to Sponsor's privacy policy at http://www.kingshawaiian.com/terms/html. IF YOU DO NOT WISH TO SHARE YOUR INFORMATION, PLEASE DO NOT ENTER THE CONTEST.
13. Winner List: For the winner list, send an email with subject line: “Taste Summer with King’s Hawaiian Recipe Contest, Winner List Request” to WinListRequests@kingshawaiian.com. Requests must be received by December 31, 2008.