Grape Expectations Recipe Contest
September 27, 2016—October 7, 2016
PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve your chances of winning. Void where prohibited. The Grape Expectations Recipe Contest (“Contest”) will begin on Tuesday, September 27, 2016 at 10:00 A.M. ET and end on Friday, October 7, 2016 at 11:59 P.M. ET (“Contest Period”). All times in the Contest refer to Eastern Time (“ET”). Odds of winning depend upon the number of eligible entries received. Contest is subject all applicable federal, state and local laws. PRIZE DOES NOT INCLUDE PARKING OR TRANSPORTION OTHER THAN SPECIFIED IN PRIZE DESCRIPTION BELOW.
ELIGIBILITY: Open only to permanent, legal U.S. residents who are physically residing in one (1) of the forty-eight (48) continental United States or the District of Columbia (excluding Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands and other United States territories), and who are twenty-one (21) years of age or older as of the start of the Contest Period. Officers, directors, and employees of Contest Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and each of their respective spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Contest. Contest Entities, as referenced herein, shall include the Today Show and NBCUniversal Media, LLC both located at 30 Rockefeller Plaza, New York, NY 10112 (collectively, “Sponsors”) and each of their respective parent, subsidiary, and affiliate companies, and administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest.
HOW TO ENTER: As part of your Entry (as defined below), you will be required to submit a recipe on the following theme: a recipe that is healthy, creative, delicious food (not a beverage) that includes wine (“Recipe”). Recipe must be original (that is, written and created by you) and must be submitted in the English language.
To enter the Contest, during the Contest Period go to http://www.today.com/food/do-you-have-recipe-uses-wine-you-could-win-trip-t103221 (the “Website”) and thereafter complete all fields within the entry form, including but not limited to: full legal name, email address, phone number, zip code, date of birth and Recipe (“Entry”).
All Entries become the property of Sponsors and will not be acknowledged or returned. You must submit the Recipe (collectively referred to herein as the “Submission”) as part of your Entry to enter and be eligible for the Contest. By entering the Contest, entrants grant Sponsors the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Submission and to incorporate the Submission in other works in any and all markets and media worldwide in perpetuity. Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsors and that the Sponsors' reproduction, publishing, displaying, and/or other use of the Submission will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any Submission contains material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Submissions do not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, such Submission (and the related Entries) may be rejected as ineligible for consideration and/or deleted from the Website. Entries must comply with all applicable laws, rules, and regulations. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Submission.
Sponsors may choose to broadcast on-air and/or display on Today.com (the “Website”) a selection of Submissions as determined by Sponsors in their sole discretion. By entering the Contest, each entrant agrees to the posting of such entrant’s name and Recipe on the Website and/or on The Today Show’s social media pages, including but not limited to Twitter, Instagram, Vine, and Facebook.
Entries must be received before Friday, October 7, 2016 at 11:59 P.M. ET to be eligible for the Contest. You may enter once during the Contest Period. Sponsors’ computer shall be the official timekeeper for all matters related to this Contest. You may enter as many times as you’d like during the Contest Period. Multiple entries received from any person or email address beyond this limit will void all such additional entries. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including but not limited to illegible handwriting, are void and will not be accepted. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
SELECTION OF FINALISTS AND WINNER: There will be two (2) rounds of judging: round 1: initial judging to determine the Finalists (defined below) and round 2: final judging to determine Winner (defined below).
Round 1: Initial Judging: On or about October 18, 2016, one (1) or more qualified judges selected by Sponsors (“Judges”) will review all eligible Entries received during the Contest Period and select three (3) potential finalists (“Finalists”, each a “Finalist”) based on the following judging criteria (“Judging Criteria”): Taste (33.3%), Creativity (33.4%) and Health (33.3%).
The selection and review process may occur on a rolling basis as Entries are received. In the event of a tie, the Judges will break the tie by selecting the tied entrant who received the highest points from the Judges for Creativity. In the event a tie remains, an additional tie-breaking judge will judge the tied Entries, using the Judging Criteria, to determine which of the tied Entries will advance to Round 2: Final Judging. Sponsors reserve the right to extend the Contest Entry Period if the Contest does not receive a sufficient number of eligible and qualified Entries, as determined by Sponsors in their sole discretion. Potential Finalists will be required as a condition of continued eligibility to sign an Affidavit of Eligibility, Waiver of Liability, and, except where prohibited, Publicity Release (collectively, “Contest Documents”) within one (1) day of such notification. Noncompliance within this time period will result in disqualification. If any potential Finalist cannot be reached or is found ineligible, cannot or does not comply with the foregoing requirements and these Official Rules, if prize or prize notification is returned as undeliverable, or does not satisfactorily execute all of the Contest Documents, potential Finalist(s) will be disqualified and Sponsors the next runner-up as Finalist. Sponsors may run a background check as a condition of continued eligibility.
Round 2: Final Judging: On or about October 18, 2016, one (1) or more Judges selected by Sponsors will review all Finalists’ Entries and select the winner (“Winner”) based on the Judging Criteria. In the event of a tie, the Judges will break the tie by selecting the tied entrant who received the highest points from the Judges for Creativity. In the event a tie remains, an additional tie-breaking judge will judge the tied Entries, using the Round 2 Judging Criteria, to determine which of the tied Entries will be deemed the Winner.
PRIZE: There will be one (1) Prize awarded (“Prize”) awarded to Winner. Prize consists of the following: roundtrip, coach-class airfare for Winner and one (1) guest (“Guest”) from a major U.S. gateway commercial airport near Winner’s residence (as determined by Sponsors in their sole discretion) to a Napa area airport (as determined by Sponsors in their sole discretion) (“Trip”); three (3) nights at the Napa Valley Marriott Hotel and Spa for Winner and Guest; transportation in Napa to all Prize events for Winner and Guest; two (2) tickets to the Welcome Reception and Grand Pour for Winner and Guest on November 4, 2016; two (2) tickets for Winner and Guest to concerts on November 4, 2016 and November 5, 2016 at the Uptown Theatre located at 1350 3rd St, Napa, CA 94559; two (2) tickets for Winner and Guest to a private tasting event at Sutter Home Wines on November 5, 2016; two (2) tickets for Winner and Guest to a brunch event featuring Joy Bauer and a performance by Idina Menzel on November 6, 2016; and two (2) Live in the Vineyard swag bags for Winner and Guest. PRIZE DOES NOT INCLUDE PARKING OR TRANSPORTATION OTHER THAN SPECIFIED IN PRIZE DESCRIPTION. Guest must be twenty-one (21) years of age as of November 4, 2016.
Estimated Retail Value (“ERV”) of Prize is three thousand dollars ($3,000). Actual Retail Value (“ARV”) of Prize may vary. Any difference between ERV and ARV will not be awarded. If Prize includes a Trip, ARV may vary based on, among other things, availability, and existing rates at time of booking, dates of travel, and point of departure.
Sponsors will determine all details of Prize in their sole discretion. Sponsors reserve the right to substitute Prize (or portion thereof) with a similar prize (or prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Sponsors will furnish an Internal Revenue Service Form 1099 to Winner for the ARV of Prize for the tax year in which Prize was won (for prizes worth more than six hundred dollars ($600)). Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed within a reasonable time after notification from Sponsors, as determined by Sponsors in their sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible entries at Sponsors’ sole discretion.
Winner must be able to travel to Napa on November 4, 2016 and travel back to Winner’s residence on November 6, 2016 (or on such other dates designated by Sponsors). Travel dates are subject to change at Sponsors’ sole discretion. The Trip awarded to the Winner must be taken within dates provided by the Sponsors or the Prize will be forfeited. Travel arrangements must be made through Sponsors’ agent, on a carrier of Sponsors’ choice. Certain travel restrictions and black out dates may apply. Sponsors have the right in their sole discretion to substitute ground transportation for air transportation depending on Winner’s place of residence. Winner and Guests must travel together on the same itinerary, including the same departure date, destination and return date, and must have valid travel documents (e.g., valid government issued photo ID and/or passport) prior to departure, and failure to do so will result in forfeiture of Prize. Sponsors will not replace any lost or stolen tickets, travel vouchers or certificates. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. Sponsors are not liable for any expenses incurred as a consequence of flight cancellation/delay. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. All travel and lodging will be at the risk of Winner and Guests. Winner is solely responsible for all expenses and costs associated with acceptance and/or use of Prize not specifically stated herein as being awarded, including, without limitation any and all taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize, travel insurance, ground transportation (other than as described above), security and airport fees, taxes, insurance, gasoline, meals, gratuities, and souvenirs. Sponsors shall have the right, but not the obligation, to make any deductions and withholdings that Sponsors deem necessary or desirable under applicable federal, state and local tax laws, rules, regulations, codes or ordinances. Prize cannot be transferred or substituted by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. Sponsors reserve the right to substitute a similar prize (or prize element) of comparable or greater value. If Prize is unclaimed within a reasonable time after notification from Sponsors, as determined by Sponsors in their sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible Entries at Sponsors’ sole discretion.
Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize, and are not responsible or liable for any expenses incurred as a consequence thereof. Date and/or time of events are subject to change. Events are subject to cancellation. Events are subject to, and Sponsor is not responsible for, changes, postponements or cancellation.
Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize, and are not responsible or liable for any expenses incurred as a consequence thereof. Date and/or time of Prize events are subject to change. Events are subject to cancellation. If Winner chooses to attend Trip or any event with no Guest the remaining elements of Prize shall constitute full satisfaction of Sponsors’ Prize obligation to Winner and no additional compensation will be awarded. Guest, if any, may be required to execute and return releases of liability and, except where prohibited, publicity releases (collectively, “Guest Documents”), which must be returned with the Contest Documents, or Guest portion of the Prize will be forfeited. Guest must be twenty-one (21) years of age as of November 4, 2016.
RECORDING: Sponsors, in their sole discretion, may choose to record and/or broadcast the appearance on The TODAY Show (“TODAY”). If Sponsors, in its sole discretion, elects to incorporate any such audio and/or video recordings (the “Recordings”) into TODAY or other television shows, the taping and/or the Recordings will not be considered an employment opportunity, and Winner will not be entitled to compensation or credit thereof. Sponsors will determine the nature of the Recordings in their sole discretion. If the Recordings are broadcast, such broadcast will be at a time, for a length of time, and on a date determined by Sponsors in its sole discretion. Winner may be required to return completed and signed appearance releases, confidentiality agreements and such other documents as may be required by Sponsors prior to their Appearance on TODAY and/or Winner and participation in the segment or rehearsal, if any. Failure of Winner to complete and execute these documents in a timely manner, as determined by Sponsors in their sole discretion, may cause Appearance to be forfeited. The content of the Recording as, and if, finally exhibited and the number of exhibits and re-airs thereof, if any, will be determined by Sponsors in their sole discretion. Winner will not have a right of review, notice, or approval of the content of the Recordings or any exhibition or exploitation thereof. Sponsors has the right, in their sole discretion, to disqualify Winner, and cause Events to be forfeited, and remove Winner from TODAY at any time, if any behavior of Winner is deemed by Sponsors to be disruptive or if it may or does cause damage to person, property, or reputation of Sponsors or if it otherwise violates the policies of Sponsors, or if Winner does not follow the directions of Sponsors at all times. These Official Rules and the Contest itself are neither a contract nor an application for employment.
CONDITIONS: By entering the Contest, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Contest Entities and each of their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on Website and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from the Contest at Sponsors’ sole discretion.
ADDITIONAL TERMS: Sponsors reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Contest. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsors reserve the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsors reserve the right to select Winners in a random drawing from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted at Website. Sponsors may prohibit any entrant or potential entrant from participating in the Contest, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion). Sponsors reserve the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Contest.
DISPUTES: The Contest is governed by, and will be construed in accordance with, the laws of the State of New York, and the forum and venue for any dispute shall be in New York, New York. If THE controversy or claim is not otherwise resolved through direct discussions or mediation, it shall THEN be resolved by FINAL AND binding arbitration administered by JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (“JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in new york. All proceedings brought pursuant to this paragraph will be conducted in the County of new york. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER ANNOUNCEMENT: For the name of the winner , available after October 25, 2016, visit klgandhoda.com, or send a self-addressed, stamped envelope to be received by December 20, 2016 to Alicia Ybarbo 30 Rockefeller Plaza, 3rd Floor, New York, NY 10112.