Submissions open10/20/2016 12:00:00 AM
Submissions end12/29/2016 12:00:00 AM
Voting opens10/20/2016 12:00:00 AM
Voting closes12/29/2016 12:00:00 AM
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
HOW TO ENTER: The “2016 Kenmore’s Fully Loaded Idaho® Potato Cook-Off” (“Contest”) is open only to individuals who at the time of entry are: (i) legal residents of the fifty (50) United States and the District of Columbia; and (ii) at least eighteen (18) years of age. Contest is subject to all applicable federal, state and local laws and regulations. Void outside the United States, the District of Columbia and wherever prohibited or restricted by law. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Contest. Sponsor: The Sponsor is Sears Holdings Management Corporation, 3333 Beverly Road, Hoffman Estates, IL 60179. Contest Period: The Contest will start on November 1, 2016 and will end at 11:59:59 pm Central Daylight Savings Time (“EDT”) on November 30, 2016 (“Contest Period”).
DIGITAL MILLENNIUM COPYRIGHT ACT: Once an Entry is submitted for the Contest, such Entry will be deemed made at the direction of the Entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. EACH ENTRANT REPRESENTS, UNDERSTANDS AND ACKNOWLEDGES THAT HE/SHE WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY (OTHER THAN THE PRIZE STATED HEREIN IF SELECTED AS A PRIZE WINNER) IN EXCHANGE FOR GRANTING SPONSOR OR THE RELATED ENTITIES THE RIGHTS SET FORTH HEREUNDER OR FOR ANY SUBSEQUENT USE OF SUCH SUBMISSION BY SPONSOR OR THE RELATED ENTITIES. If requested, Entrant will sign any documentation that may be required for Sponsor or its designees to make use of the Entry as set forth herein.
JUDGING CRITERIA/GRAND PRIZE WINNER SELECTION: Ten (10) potential Winners (Recipes) will be selected from amongst all eligible Entries received based on the following criteria: (i) Creativity / originality of recipe (max 5 points); (ii) Use of Idaho Potatoes (max 5 points); (iii) Ease of preparation (max 5 points); (iv) Taste/flavor (max 5 points) and (v) Food Photography (max 5 points) (i, ii, iii, iv and v collectively, “Judging Criteria”). All Entries will be judged by a panel of Idaho Potato Commission judges to be designated by Sponsor whose decisions are final and binding on all matters relating to this Contest. In the event of a tie, the tied entrants will be re-judged by an additional judge who will serve as a tiebreaker using the same Judging Criteria as outlined above. Upon selection by the Idaho Potato Commission of the “Top 10 potential Winners (Recipes), Kenmore, Idaho Potato Commission and Momma Cuisine will select the Grand Prize Winner and 2nd and 3rd Prizes. (1) Grand Prize Winner will win $1,500 cash prize furnished by the Idaho Potato Commission and a bundle of small kitchen appliances furnished by Kenmore. (1) 2nd Prize will win one small kitchen appliance furnished by Kenmore and a 15-pound box of fresh Idaho potatoes. (1) 3rd Prize will win one small kitchen appliance furnished by Kenmore and a 15-pound box of fresh Idaho Potatoes. (1) There will also be an additional social media Winner, whereby one (1) participant will be selected with the most “love my recipe” engagement on cookmore.com (Not to be identified as one of the Top 10 Contestants.) and will be awarded a $500 cash prize. In the event the same Recipe is submitted by more than one (1) entrant, only the first Entry received will qualify. In the event there are not enough qualified entries received in Sponsor’s sole discretion, Sponsor reserves the right not to select a Grand Prize Winner.
WINNER NOTIFICATION/PRIZE RELEASE: Three (3) potential Winners will be required to complete and return to Contest Administrator an Affidavit of Eligibility and Liability and (where permitted) a Publicity Release within five (5) business days of notification. Potential Winner may be disqualified under any the following circumstances; i) if he/she cannot be reached by the Contest Administrator within the specified time period; ii) if the prize notification or e-mail correspondence is returned as undeliverable; iii) if he/she is found to be ineligible; and/or iv) if he/she cannot or does not comply with these Official Rules. In the event the potential Winner is disqualified for any reason, Sponsor will award that Prize to the next highest scoring entrant. ONE (3) PRIZES: One (1) Grand Prize Winner will receive a $1,500 cash prize and a bundle of small kitchen appliances furnished by Kenmore. One (1) 2nd place winner will receive one (1) small kitchen appliance furnished by Kenmore and a 15-pound box of fresh Idaho potatoes. (One) 1 3rd Prize Winner will receive one (1) small kitchen appliance furnished by Kenmore and a 15-pound box of fresh Idaho potatoes.
RELEASE: By receipt of the prize, Winner agrees to release and hold harmless Sponsor, and its direct and indirect subsidiaries, suppliers, distributors, advertising/promotion agencies, and prize suppliers (if any), 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, 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 and/or use of the Content.
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, state, submitted for promotional purposes in any media now known or hereinafter developed, worldwide, without further payment or consideration.
OWNERSHIP & LICENSE: Providing Content grants Sponsor and its agents the right to publish, use, adapt, edit and/or modify such Content in any way, in any and all media, without limitation, and without consideration to the entrant. Sponsor reserves the right to alter, change or modify the winning Content, in its sole discretion. By accepting the Prize, winner agrees that his or her Content will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Content, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Content and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
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 the Official Rules of this 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.
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; (5) late, lost, undeliverable, damaged or stolen mail; or (6) 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, if it is possible. If the Contest, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, shall determine a winner in a manner deemed fair and equitable by Sponsor. No more than the stated number of prizes will be awarded.
BINDING ARBITRATION: Any controversy or claim arising out of or relating to this 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 CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE CONTEST, 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 SWEEPSTAKES, 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. GOVERNING LAW & JURISDICTION: The Official Rules and the 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 the Sweepstakes Official Rules, or the rights and obligations of Entrant 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 in Section 12 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Illinois, in the City of Chicago.