The Bite Club Social Contest
The following promotion is intended for the 50 United States and D.C. only and will be construed and evaluated according to United States laws. Do not proceed in this site if you are not a legal resident of the 50 United States or D.C., 21 years or older.
#BITECLUB SOCIAL CONTEST
OFFICIAL RULES – NO PURCHASE NECESSARY
TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C., 21 YEARS OF AGE OR OLDER. VOID WHERE PROHIBITED.
1. How to Enter: Beginning at 10:00 a.m. Eastern Time (“ET”) on August 31, 2018 until 12:00 p.m. (noon) on September 4, 2018 (the “Promotion Period”), you may enter the #BiteClub Social Contest (the “Promotion”) by following the instructions below to enter via Twitter or Instagram (a “Submission”). Incorrect and incomplete entries are void. These official rules are also available on the Food Network website (www.foodnetwork.com/fn-dish/news/2018/8/the-bite-club-social-contest) (the “Website”). All entries must be received by 11:59:59 a.m. ET on September 4, 2018 to be eligible.
If your Instagram Account or Twitter Account is set to “protected mode” or “private”, your updates/responses may not be visible to Sponsor and, therefore, will not be received by Sponsor, resulting in your failure to enter the Promotion. Sponsor may not receive entries that fail to strictly follow the posting instructions set forth in these Official Rules and Sponsor is not responsible for failure to see or receive an entry. Sponsor, at its sole discretion, may accept a technically incorrect unique term. Messages not received by Sponsor will not be entered into the Promotion.
During the Promotion Period, there is a limit of one (1) entry per eligible person on Instagram and one (1) entry per eligible person on Twitter, for a total of two (2) possible entries. If multiple entries are received, only the first entry on each entry platform will be accepted and additional entries will be disqualified. Multiple participants are not permitted to share the same email address or social media accounts. Any attempt by you to obtain more than one (1) entry per day by using multiple/different email addresses, Instagram Accounts, Twitter Accounts, identities, registrations or logins, or any other methods may void your entries and you may be disqualified from the Promotion. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, contest/contest entry services) will void all entries by you. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter 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. Potential winners may be required to show proof of being the authorized account holders.
MOBILE DISCLOSURE: If you opt to use your wireless mobile device in connection with the Promotion, depending on your phone’s capabilities, standard text messaging rates or data charges may apply according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Promotion.
2. Representations and Warranties:By making a Submission, you represent and warrant that: (a) the Submission is an original work created solely by you; (b) you own all rights to the Submission and have obtained any necessary third-party clearances; (c) the Submission complies with all requirements of these Official Rules; and (d) you understand that other Entrants may submit original Submissions that are substantially similar to yours in content and that you shall not have any claim against Sponsor arising out of any such similarity.
3. Eligibility: This Promotion is open only to legal residents of the 50 United States and D.C. who are 21 years of age or older as of the Promotion start date. Employees and members of their households and immediate families (spouses, parents, siblings, children and each of their respective spouses) of the Promotion Entities (as defined below) and their respective parent companies, subsidiaries, and affiliates, and their advertising and promotion agencies and all local sponsors are not eligible.
5. Limitations of Liability: Television Food Network, G.P. (“Sponsor”) and other participating sponsors (collectively with Sponsor, the “Promotion Entities”) their respective affiliates, subsidiaries, parent, advertising and promotion agencies, and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omissions, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other computer relating to or resulting from participation in this Promotion; inability to access the Website, Twitter or Instagram; theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or human or other errors; and any entries which are late, lost, incomplete, misdirected, stolen, or any combination thereof. Online submission is not considered proof of delivery or receipt. By entering, you agree to release, discharge, indemnify and hold harmless the Promotion Entities and their respective parent companies, subsidiaries, their respective representatives and agents, advertising and promotion agencies, promotion partners and prize suppliers, and all of their respective affiliated companies, employees, officers, directors and shareholders, and Twitter, Inc. and Instagram, Inc., from and against all claims and damages or liability arising in connection with your participation and/or entry in the Promotion and/or your receipt or use of any prize awarded in this Promotion or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion. Except where prohibited by law, the Grand Prize Winner’s entry and acceptance of the Grand Prize constitutes permission for the Promotion Entities to use said winner’s names, photographs, likenesses, statements, biographical information, voices, and city and state addresses on a worldwide basis, and in all forms of media, in perpetuity, without further compensation. If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
6. How Winner will be Determined: After the Promotion Period, a panel of judges selected by Sponsor will evaluate all Submissions and select two (2) finalists (each a “Finalist”) based on the following judging criteria (the “Judging Criteria”): (a) 34% based on overall aesthetic; (b) 33% based on quality of food styling; and (c) 33% based on how dynamics of the composition. The Entrants with the two (2) highest scoring Submissions, as determined by the Sponsor’s judging panel, will be the Finalists. The Finalists will be selected on or about September 4, 2018. In the event of a tie, ties will be broken based on the overall aesthetic criterion score and if a tie still remains, the tie will be broken based on the quality of food styling score.
Public Voting Period
Each Finalist’s Submission will be posted to the Food Network’s Twitter and Instagram accounts and voted on by the Food Network community. The public voting period for Finalists will be from 10:00 a.m. ET on September 5, 2018 until 10:00 a.m. ET on September 6, 2018 (the “Public Voting Period”) However, by posting a notice to such effect on the Website, Sponsor reserves the right to modify the Public Voting Period, without liability of any kind. The Finalist whose Submission receives the highest number of votes during the Public Voting Period will be the Grand Prize Winner (the “Grand Prize Winner”). In the event of a tie, the tie will be broken based on which Submission had the higher score in the prior judging round.
For the avoidance of doubt, the Finalist who does not become the Grand Prize Winner will not receive any prize in the Promotion.
Finalists are prohibited from soliciting votes, and voters are prohibited from soliciting votes on behalf of Finalists, by any fraudulent or inappropriate means, including, without limitation, offering prizes, payments or other inducements to members of the public (including, without limitation, offering to trade votes), as determined by Sponsor in its sole discretion, and all associated votes may be void and such Nominees disqualified. All results are unofficial until verified by Sponsor. Voters may vote only one per day, per social media platform.
Notwithstanding any other provision of these Official Rules, if at any time during the Promotion Period, the judging rounds or at any time thereafter, the Sponsor determines that no eligible entrants exist from which to determine a Finalist or Grand Prize Winner, then Sponsor may in its sole and exclusive discretion determine that no eligible contestants exist, and then may either suspend or terminate the Promotion or modify it (or any parts thereof) in any equitable manner that Sponsor deems appropriate in its sole and exclusive discretion, including, without limitation, by not awarding any one or more of the prizes set forth in these Official Rules.
7. Prize Conditions: The Grand Prize Winner may be required to sign an affidavit of eligibility and release of liability and publicity (where permitted), and return same, properly executed, within five (5) days of issuance of prize notification. If Sponsor is unable to contact the Grand Prize Winner within three (3) days from first notification attempt, if the Grand Prize Winner fails to complete and return all requested forms by the specified date, or if the Grand Prize Winner fails to comply with any of the requirements, his/her prize will be forfeited and an alternate prospective winner shall be selected by selecting the next-highest scoring Submission.
Prior to selection of the Grand Prize Winner, the Finalists will be featured on Food Network’s Twitter and Instagram accounts; however, in no way shall such promotion influence the selection of the Grand Prize Winner. The Grand Prize Winner will be notified by email or via direct message on the social media platform they used to enter on or around September 6, 2018, to be determined by Sponsor.
8. Conditions of Entry: Entry materials that have been tampered with or altered are void. If in the Sponsor’s opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, the Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and void any entries submitted fraudulently, to modify, suspend, or terminate the Promotion, or to conduct a random drawing to award the prizes using all eligible, non-suspect entries received as of the termination date. Should the Promotion be terminated prior to the stated expiration date, notice will be posted on the Website. In the event of a dispute as to the identity of the winner based on an email address, the winning entry will be declared made by the authorized account holder of the email address submitted at time of entry. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM YOU TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
9. Ownership of Submissions: By submitting a Submission, you acknowledge and agree that: (a) Sponsor is the sole and exclusive owner, in perpetuity and throughout the world, of all right, title, and interest in and to your Submission, including, without limitation, all copyright, trademark, and other proprietary rights in and to the Submission (and all renewals and extensions thereof now or hereafter provided by law) and all the rights therein and thereto; (b) ownership of the Submission shall inure to the benefit of Sponsor from the date of conception, of creation, or of fixation in a tangible medium of expression (whichever occurs first), of such Submission; (c) your Submission is a “work made for hire” (as that term is used in the United States Copyright Act of 1976, as amended); (d) to the extent that your Submission is not a work made for hire, you hereby assign to Sponsor all right, title, and interest in and to the Submission and all copies thereof that you may have or obtain without any further consideration, free from any claim, lien, balance due, or rights of retention thereto, on your part; (e) you waive all claims to any and all moral rights in the Submission including, without limitation, your right of attribution and integrity; and (f) Sponsor may exploit the Submission (and all rights therein) in any manner throughout the world without restriction of any kind, or payment to, or consent from, anyone. Sponsor reserves the right to modify or edit the winning Submission for content including all copyrights and trademarks, and Promotion Entities or their assigned agent(s) will have the right to reproduce, publish, adapt, modify and/or revise the Submission, in its sole discretion, in any manner or form throughout the world, in perpetuity. Sponsor will own all rights to the winning Submission.
10. Prize: The Grand Prize Winner will receive the following (the “Grand Prize”): a $500 gift card. Approximate retail value of the Grand Prize: $500.
The specifics of all aforementioned elements of the Grand Prize in the Promotion shall be solely determined by Sponsor. All costs, taxes, fees, and expenses associated with any element of the Grand Prize not specifically addressed above are the sole responsibility of the Grand Prize Winner. All federal, state and local taxes on the Grand Prize are the Grand Prize Winner’s responsibility.
Grand Prize cannot be transferred, substituted, or redeemed for cash except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the Grand Prize, or portions thereof, with a prize of equal or greater value.
11. Disputes/Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of any entrant or the Promotion Entities in connection with the Promotion, shall be governed by and construed in accordance with the laws of the State of Tennessee without giving effect to any choice of law or conflict of law rules or provisions which would cause the application or the laws of any jurisdiction other than the State of Tennessee. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in Knox County, Tennessee, and you expressly consent to the jurisdiction of and venue in such courts and waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action. You agree to service of process by mail or other method acceptable under the laws of the State of Tennessee. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. YOU HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
12. Winner List: Beginning on or about September 26, 2018 you may obtain the name of the Grand Prize Winner by going to the Website.
13. Sponsor: Television Food Network, G.P., 75 Ninth Avenue, New York, NY 1000.
The Promotion is in no way sponsored, endorsed, administered by, or associated with Twitter or Instagram. You are providing information to Sponsor and not to Twitter or Instagram.