BUSH'S BEANS OFFICIAL CONTEST RULES
1. ELIGIBILITY: The Promotion is open only to legal residents of the 50 United States and the District of Columbia (including Alaska and Hawaii). Entrants must be 18 years of age or older at the time of Promotion registration. Employees, officers and directors of Bush Brothers & Company, (“Sponsor”), Empower Media Marketing and RealTime Media and its authorized agents, (collectively the “Promotion Entities”), their respective parents, affiliates, subsidiaries, advertising, promotional, fulfillment and marketing agencies, their immediate families (parent, child, sibling or spouse) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Promotion. By entering the Promotion, participants agree to release, discharge and hold harmless Promotion Entities, their respective parents, affiliates, subsidiaries, agents, representatives, retailers, agencies and their respective officers, directors, employees and agents (collectively, the “Releasees”), from any and all liability, claims, losses, injuries, demands, damages, actions, and/or causes of actions whether direct or indirect, which may be due to or arise out of participation in the Promotion or any portion thereof, or the acceptance, use/misuse or possession of prizes. The Official Rules and the decisions of the independent judges (Bush Brothers & Company) are final and binding in all respects. Void where prohibited by law, rule or regulation. All federal, state and local laws and regulations apply.
(i) has been convicted of a felony, has an outstanding arrest warrant against him/her, or currently has felony charges pending against him or her.
- has ever had a restraining order issued against him/her which Sponsor determines, in its sole discretion, involves conduct of moral turpitude.
- is unavailable to suspend his/her daily routine to attend or reasonably participate in the following as a result of winning: (a) Media training and Promotional activities, (including being filmed and conducting media interviews as scheduled by the Contest Entities); and (b) Travel across the country(exact dates to be determined by Sponsor and are subject to change).
- has a suspended drivers license for any reason during the
“Promotional
Period”. All entrants must also provide proof of insurance.
By participating, Entrants agree to these Official Rules and to the decisions of the Judges, whose decisions are final and binding in all respects. All applicable federal, state and local laws and regulations apply. AS A CONDITION OF ENTRY, ALL ENTRANTS MUST REVIEW AND ACCEPT THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES AND THE SITE TERMS AND CONDITIONS PRIOR TO SUBMITTING AN ENTRY. Entrants agree to complete a background questionnaire and to undergo a background investigation and sign all necessary releases, consents and authorizations in connection therewith and to sign any additional documentation Sponsor may require in connection with the Contest and/or to effectuate the rights granted in the Grant of Rights/Release.
2. HOW TO ENTER: The Promotion consists of a Contest and
Instant Win component.
A) THE CONTEST: No purchase necessary to participate.
LIMIT: Limit one (1) Promotion entry per person or
email address per Grillin Bean flavor, with a maximum of 4 video
submissions per length of Phase I. Potential winners who are discovered
during prize verification to have entered or attempted to enter more
than once may be disqualified at the sole discretion of the judges. A
total of four (4) videos including recipes; (one video for each bean
flavor) may be submitted by each entrant. Subsequent entries may result
in disqualification of all submissions.
The five (5) phases to this promotion are as follows:
1.) Phase 1: Call for Entry: The Promotion Entry Phase
begins at 12:00:00 PM EST on Monday, March 24, 2008 and ends at 12:00:00
AM EST on Thursday, May 1, 2008. (“Promotion Entry Period”).
To submit an entry into the Promotion, go to the following Web site
address: http://www.perfectpaircontest.com. Entrants will be asked to
complete a registration form and must enter their true and correct
information in all required fields. In addition users will be asked to
enter their recipe in a text box that appears on the registration form.
Once all required fields are entered, click the “Continue” button to
complete the registration process. Once registered, entrants will have
the ability to submit a video file to be entered into the Contest. (See
“Entry Details” below).
i.Entry Details: Once registered, entrants can submit
an entry into the Contest by creating and uploading their own video and
recipe file on the video upload page of the
http://www.perfectpaircontest.com site. VIDEO FORMAT MUST
BE IN .MOV OR .WMV format. VIDEO MUST BE AT LEAST 30 SECONDS IN LENGTH,
AND MUST NOT EXCEED 2 MINUTES IN LENGTH AND the file size may be no
larger than 30 MEGABYTES IN SIZE. RECIPE MUST NOT EXCEED 500 WORDS.
Should you experience any difficulties with any aspect of the Promotion,
please send an email to bushbeans@promosupport.com and your request will
be answered within 48 hours of receipt.
All Entry Materials must be submitted in English.
Once you submit your entry, you will be officially entered into the
Contest. Promotion entries cannot be revised or altered once submitted.
Once submitted, all entries become the sole property of Bush Brothers &
Company Promotion Entities and will not be returned. Sponsor reserves
the right to reject any entry material and/or disqualify any entrant if
Sponsor believes in its sole discretion that the entry material is not
in compliance with these Official Rules and/or may infringe upon the
rights of any third party. Any such decisions by Sponsor and its
promotion entities shall be final and binding. Entrants specifically
agree to release, discharge and hold harmless Bush Brothers & Company
and all other Promotion Entities from and against any claims or
liabilities relating thereto.
ii.Grant of Rights:
In consideration of being entered into the Contest, and for other good
and valuable consideration the receipt and sufficiency of which Entrant
acknowledges, each Entrant agrees to the following grant of rights:
Upon submission, all Entry Material becomes the sole property of Contest Entities and may be used in any manner, in any media now known or hereafter devised, worldwide in perpetuity. By entering the Contest, each Entrant hereby grants to Contest Entities, and their respective licensees, sublicensees, successors, and assigns (collectively, the “Rights Holders”), the exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license to use, perform, exhibit, reproduce, distribute, adapt, synchronize and/or otherwise exploit the entry materials and all components thereof in any manner and in any media now known or hereafter devised (the “License”). The rights granted pursuant to the License shall include, without limitation, the exclusive right throughout the universe, in connection with the Contest and otherwise, to: (1) stream the video submission online, (2) make derivative works of the video, and (3) review, judge, critique, distribute and otherwise use and exploit the video, in whole or in part.
Each Entrant waives any so-called “moral rights” in connection with the entry material and shall not have any rights of approval as to any rights exercised by the Rights Holders. Each Entrant agrees that Entrant shall not be entitled to any compensation for any exercise of such rights beyond the consideration explicitly set forth herein. Each Entrant further agrees that Contest Entities may edit, alter or modify the entry material in any manner and for any reason.
Each Entrant hereby grants Contest Entities the right to use and to
license others the right to use Entrant’s name, picture, likeness,
voice, performance, trademarks, copyrights and biographical information
in connection with the Contest and for programming, advertising and
promotional purposes and all other purposes, whether related to the
Contest or the Program or otherwise, unless prohibited by law, in
perpetuity, in all media and formats, whether now known or later
devised, and further agrees, through and until December 31, 2008 not to
grant such rights in connection with the advertising or promotion of any
product or service competitive to or incompatible with those of
Sponsor.
iii.WARRANTY: Entrant represents and warrants that (i)
entrant’s submission was created by entrant, (ii) the submission is
original to entrant and does not infringe upon or otherwise violate any
right of any third party. (iii) Entrant has all rights necessary to
upload their submission, including all necessary authorizations and
permissions from any persons included in the submission, (iv)
Submissions will not include unlawful, threatening, libelous,
defamatory, obscene, pornographic or other material that would violate
the law; advertising for third party products or services.
All submissions may be posted on the publicly accessible Promotion Web
Site during and following the Promotion. The Promotion Entities are not
responsible for late, lost, illegible, incomplete, stolen, garbled or
misdirected entries, all of which are void.
2.) Phase 2: The Preliminary Promotion Judging: The
Preliminary Promotion Judging Phase begins on Thursday May 1, 2008 at
12:00:00 PM EST and ends on Monday May 5, 2008 at 12:00:00 PM EST.
Entries that meet the eligibility criteria will be judged 30% on Overall
presentation, 30% on Creativity, 40% on the integration of use of the
Grillin' Beans product, (the “Judging Criteria”).
The judges will select a total of twelve (12) semi-finalists on Tuesday
May 6, 2008 whose submissions have been graded with the highest
cumulative scores. Finalists will advance to Phase 3 of the Promotion:
Public Voting, where their submissions will be posted on the Promotion
Web Site where the public can cast their vote for their favorite
submission.
3.) Phase 3: Public Voting: The Public Voting Phase
begins at 12:00:00 PM EST on Tuesday May 6, 2008 and ends at 12:00:00 PM
EST on Monday July 7, 2008. LIMIT: Limit one (1) vote
per person or email address per day for the length of Phase 3 of the
promotion.
To submit a vote for your favorite entry among the twelve (12)
semi-finalists submissions, go to the following Web Site address:
http://www.perfectpaircontest.com and click on the ”Register to Vote” link.
Participants will be required to complete a short registration form with
their true and correct information to access the voting gallery. Users
who have previously registered may access the voting gallery by using
the login feature. Login users will be required to enter their first
name, last name and email address. Once registered participants will
proceed to the Promotion voting page and will be able to submit one (1)
vote per day for the duration of phase 3.
The four semi-finalists who receive the highest total number of votes
will be selected as potential winners and will attend the Bush Brothers
& Company Cook-Off event.. The Cook-Off event will be filmed and Bush
will have rights to use the footage in any online and on-air promotional
materials Potential Winners are subject to verification of eligibility
and compliance with the Official Rules.
In the event of a tie, the Submission which the Judges deem strongest in
"integration of the use of the Grillin' Bean product" will be declared
the potential winner by the Judges in their sole discretion. The
decisions of the Judges are final.
B) THE INSTANT WIN GAME: No purchase necessary to
participate. LIMIT: Limit one (1) vote per person or
email address per day for the length of Phase 3 of the Promotion. The
instant win component will take place during Phase 3 of the contest.
Voters will automatically be entered into the instant win game component
of the promotion after submitting their vote for one (1) of twelve (12)
Grillin' Bean flavor semi-finalists.
C) VIEW SEMI-FINALISTS: Registered users may view the
semi-finalists on Monday July 7, 2008 at 12:00:00 PM EST through Friday
August 15, 2008 at 12:00:00 PM EST.
All voting capabilities will be turned off and all registrants will be
able to view the 12 Semi-Finalists at
http://www.perfectpaircontest.com.
The Semi-Finalists are those whose submissions have been graded with the
highest cumulative scores based on the judging criteria in Rules#2.
5.) Phase 4: View Final Four: The Final four will be
showcased from 12:00:00 PM EST Friday August 15, 2008 through 12:00:00
PM EST Friday August 29, 2008.
During Phase 4, voting capabilities will be turned off and all
registrants will be able to view the Final Four (4) at
http://www.perfectpaircontest.com.
The Final Four are those whose submissions have been graded with the
highest total number of votes, based on the public vote in Phase 3.
6.) Phase 5: Grand Prize Announcement: The Grand Prize
winner will be announced at 12:00:00 PM EST Friday August 29, 2008, and
will be showcased on the
http://www.perfectpaircontest.com site through 12:00:00 PM EST
Monday September 1, 2008.
During Phase 5, the public will be able to view the Grand Prize winner’s
recipe and original video.
D) PROMOTION PRIZES: There will be a
total of 400 Instant Win prizes awarded (upon verification of
eligibility and compliance with the Official Rules). The total Instant
Win prize ARV is $7,660.00. The total Contest prize amount is ARV
$14,472.16. The Quantity, Prize Description and Approximate Retail Value
(ARV) of each specific prize are as follows:
Instant Winners
There will be 400 instant win prizes awarded during Phase 3 of the
promotion. Odds of winning Instant-Win prizes depend on the number of
eligible entries received and the day and time of game play.
- (70) Mini Grills (ARV $38/ea)
- (200) $10 Omaha Steaks Gift Cards (ARV $10/ea)
- (125) $20 Omaha Steaks Gift Cards (ARV $20/ea)
- (5) $100 Omaha Steaks Gift Cards (ARV $100/ea)
Semi- Finalists
The twelve (12) Semi-Finalists whose submissions have been graded with
the highest cumulative score will win the following prize packages:
- (12) (1) $100 gift cards to Omaha Steaks (ARV $100/ea)
- (12) (1) Case/12 Coupons of Grillin Beans (ARV $22.68/ea case)
Final Four
The Final Four (4) who receive the highest total number of votes will be
selected as the Promotion winners to attend a Bush Brothers & Company
Cook-Off to compete for the Grand Prize and win the following prize
packages:
(4) Bush Brothers & Company Cook Off Trip: A trip for each of the four
final four to a location to be determined by the Sponsor to participate
against the other finalists in the Bush Brothers & Company cook off for
the Grand Prize. Prize package includes round-trip coach air
transportation from the major airport nearest winner’s home to a
location to be determined by the Sponsor, hotel accommodations (1
standard room/single occupancy) for 3 days/ 2 nights and roundtrip
ground transportation between the hotel and venue, a $200 gift card to
Omaha Steaks and twelve (12) coupons for free Grillin Beans (ARV
$22.68). Total Approximate Retail Value (ARV) of each trip prize
package is $2,000 (depending on winner’s point of departure).
The difference between the ARV and actual value of the prize will not be
awarded.
E) Bush Brothers & Company Cook Off Judging
Criteria
The Bush Brothers & Company Cook Off will judge the confirmed and
verified Final four (4) entrants based on the following criteria: 20% on
Overall presentation, 20% on Originality, 20% on Taste, 40% on the
integration of use of the Grillin’ Beans product. The chicken, steak or
chop recipe in its entirety will be considered for judging including how
well the recipe tastes when paired with the accompanying Grillin’ Beans
flavor. Finalists will be required to certify, on information or belief,
that their recipes are their original creation and have not been
published. Finalists will be supplied with enough ingredients to make
their recipes. Final judging will be conducted by a panel of food
experts. The entrant selected as the Grand Prize winner will agree
specifically to release, discharge and hold harmless Bush Brothers &
Company and its Promotion Entities from and against any claims or
liabilities relating thereto.
Grand Prize
The Grand Prize winner of the Bush Brothers & Company Cook-Off will be
awarded a $5,000 check in USD cash for a backyard makeover. Bush
Brothers & Company will have the sole right to the Cook-Off video and
may use it in other promotional materials.
7.) PRIZE AWARDING: Limit: One (1) prize per household for the
Promotion. Prizes will only be awarded upon potential winners’
verification and final approval by Promotion Entities. No substitution,
transfer of any prize or cash alternative permitted, except by the
Promotion Entities who reserve the right, in their sole discretion, to
substitute a prize of equal or greater value, if any prize, or any
portion of any prize, becomes unavailable. The Cook Off is subject to
availability of The Bush Brothers & Company’s schedule. If the The Bush
Brothers & Company is unavailable for the dates needed for the Cook Off,
no substitution or compensation will be awarded. Potential winning
Promotion entrants will receive notification that he/she has won via
electronic mail and will have three (3) days from receipt of winning
notification to confirm that the notification has been received and to
confirm their attendance to the Bush Brothers & Company Cook Off. After
confirming notification, selected potential winners must successfully
complete all paperwork including a background questionnaire and will be
subject to a background investigation. In addition, potential winners
will need to complete an Affidavit of Eligibility/Compliance &
Publicity/Liability Release form (“Affidavit and Release”), W9 Tax Form,
and any other additional agreements or documents that may be required by
Sponsor and/or any Contest Entity. These forms must be completed,
signed, and returned by the potential winners to the Sponsor or its
designee within three (3) days of date of receipt of documents. Instant
winners will be sent their prize(s) within 6 to 12 weeks of prize
redemption and/or final verification. If the potential winning entrant
of any Promotion Prize cannot be contacted; is ineligible; fails to
claim the prize; if the Prize Notification is returned undeliverable; or
if the potential winner otherwise fails to fully comply with these
Official Rules, he/she will forfeit that prize and the prize will be
awarded to an alternate with the next highest cumulative score in the
Grillin Bean flavor category in which the prize was forfeited. Sponsor
and its authorized agents and their affiliates are not responsible for
lost or misdirected prize notification to potential winners. Each winner
grants Sponsor the right to use and publish winner's proper name and
State of residence and to use winner's name and likeness solely for
advertising and promotional and commercial purposes for this Promotion,
without notice or further compensation, except where prohibited by law.
By entering the Promotion, you agree to all of the terms and conditions
of Bush Brothers & Company Privacy Policy, which is available at http://bushbeans.com/privacy.php.
All information collected will be treated in a manner consistent with
Sponsor’s privacy policy. In the event of dispute, an entry will be
deemed to have been made by the authorized holder of the e-mail account
at the time the entry was made. All decisions of the judges shall be
binding and final.
8.) Conditions: Sponsor, its affiliates and its
agencies are not in any way liable for damage, loss or injury resulting
from awarding or use of any prize. Winner assumes all liability for
injuries caused or claimed to be caused by participation in this
Promotion. Sponsor reserves the right in its sole discretion to cancel
or suspend this Promotion should virus, bug or other causes beyond
Sponsors control corrupt the administration, security or proper play of
the Promotion. Sponsor is not responsible for computer system, phone
line, hardware, software or program malfunctions, or other errors,
failures or delays in computer transmission or network connections that
are human or technical in nature. E-mail entrants must have a valid
e-mail address if entering on-line. Sponsor is not responsible for
incorrect or inaccurate entry information whether caused by Internet
users or by any of the equipment or programming associated with it
utilized in the Promotion by any technical or human error, which may
occur in the processing of the entries in the Promotion. By accepting a
prize, winner grants the Sponsor permission for the use of his/her name,
likeness and biographical information for advertising and promotional
purposes without notice or additional compensation, except where
prohibited by law. All entries become the property of Sponsor and will
not be returned. If any person attempts to deliberately damage any Web
site or engages in the violation of a criminal or civil law, the Sponsor
reserves the right to seek damages from any such person to the fullest
extent permitted by law, as well as disqualifying such person from
participation in the Promotion. Please see our Privacy Statement for
details on our policy regarding information obtained in connection with
this Promotion at http://bushbeans.com/privacy.php. Any attempted form
of entry other than as set forth herein is void; use of robotic,
programmed, automated, or similar entry methods is prohibited.
9.) PROOF OF AUTHORIZATION: Promotion entries will be
deemed made by the authorized account holder of the email address
submitted at time of entry. The authorized account holder is defined as
the natural person who is assigned an email address by an Internet
access provider, online service provider or other organization that is
responsible for assigning email addresses or the domain associated with
the submitted email address. A potential winner must provide the
Promotion Entities with satisfactory proof that he/she is the authorized
account holder of the email address associated with the potentially
winning entry. Entries or votes generated by a script, macro or other
automated means will be disqualified. Entries that are incomplete,
illegible or corrupted are void and will not be accepted. Information
collected from entrant is used only for the purpose of the Promotion,
and will not be re-used, sold or shared in any manner by Promotion
Entities or any third parties unless entrant has elected to receive
additional information and promotional material from Sponsors or a third
party.
10.) DISQUALIFICATION: Releasees are not responsible
for lost, interrupted or unavailable network server or other
connections, miscommunications, failed telephone or computer or
telephone transmissions or technical failure, jumbled, scrambled or
misdirected transmissions, for incorrect or inaccurate entry information
howsoever caused or other error of any kind whether human, mechanical or
electronic. Entrants found tampering with or abusing any aspect of this
Promotion, as solely determined by the judges, will be disqualified. If
disqualified for any of the above abuses, Sponsor reserves the right to
terminate entrant's eligibility to participate in the Promotion. In the
event this Promotion is compromised by virus, bugs, unauthorized
intervention or other causes beyond the control of Sponsor which, in the
sole opinion of Sponsor, corrupt, or impair the administration,
security, fairness or proper play of the Promotion, Sponsor reserves the
right at its sole discretion to suspend or terminate the Promotion.
Sponsor holds the right to terminate any or all of the aforementioned
prizes listed in Rule #7 under Promotion Prizes in the event that the
Promotion is terminated or suspended.
11.) TAX INFORMATION: All federal, state, local, and
other taxes on prizes are the sole responsibility of the applicable
winner.
12.) GENERAL INFORMATION: This Promotion is conducted
in English (which will be given its everyday ordinary meaning), and any
and all disputes will be resolved in accordance with the laws of the
Commonwealth of Pennsylvania without regard for conflict of laws
principles.
13.) WINNERS LIST: To receive a list of winners, send a
self-addressed stamped #10 envelope (“SASE”) for receipt by October 5th
2008 to: Bush’s Grillin’ Beans Perfect Pair Recipe Contest and Instant
Win Game Winners List Request, c/o RealTime Media, 1060 First Ave, Ste
201, King of Prussia, PA 19406. Residents of the State of Vermont may
omit return postage.
Sponsored by:
Bush Brothers & Company
1016 East Weisgarber Road
Knoxville, TN 37909-2678
Administrated by:
Empower Media Marketing
c/o
RealTime Media, Inc.
1060 First Avenue
Suite 201
King of Prussia, PA 19406
If you believe that content available by means of Bush’s
Grillin’ Beans Perfect Pair Recipe Contest and Instant Win Gamewebsite
infringes one or more of your copyrights, please immediately notify
RealTime Media’s Copyright Agent by means of a mailed or faxed notice
("Infringement Notice") providing the information described below to the
address or fax number listed below. If Bush Brothers & Company takes
action in response to an Infringement Notice, it will make a good faith
attempt to contact the party that made such content available by means
of the most recent email address, if any, provided by such party to Bush
Brothers & Company. Please be advised that you may be held liable for
damages based on certain material misrepresentations contained in an
Infringement notice. Thus, if you are not sure content located on or
linked-to by the Website infringes your copyright, you should consider
first contacting an attorney.
All Infringement Notices should include the following:
A signature, electronic or physical, of the copyright owner or a person
authorized to act on their behalf;
An identification of the copyright claimed to have been infringed;
A description of the nature and location of the content that you claim
to infringe your copyright, in sufficient detail to permit Bush Brothers
& Company to find and positively identify that content;
Your name, address, telephone number and email address; and
A statement by you: (i) that you believe in good faith that the use of
the content that you claim to infringe your copyright is not authorized
by law, or by the copyright owner or such owner's agent; and, (ii) under
penalty of perjury, that all of the information contained in your
Infringement Notice is accurate, and that you are either the copyright
owner or a person authorized to act on their behalf.
Infringement Notices should be sent to the following:
By mail:
RealTime Media
Attn: Frank M. Pope DMCA Complaints
1060 First Avenue
Suite 201
King of Prussia, PA 19406
By fax:
610.337.2300