Official Rules

CONTEST PERIOD: José Olé® Coolest Mom Recipe Challenge (“Contest”) begins 12:01 PM ET on October 5, 2008 and ends on 11:59 AM ET on May 31, 2009 (“Contest Period”). NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.

 

ELIGIBILITY: Contest open to legal residents of the fifty (50) United States and the District of Columbia who (i) are at least eighteen (18) years of age at the time of entry, and (ii) are not chefs, caterers, food writers or food home economists, or anyone who is involved in the preparation of food or recipes for pay (each, a “Food Professional”). Employees of Sponsor, and its affiliates, advertising and promotion agencies, retailers where José Olé® brand products are sold, and anyone involved in the development or execution of this promotion, and the immediate families (parents, spouses, siblings, and children and their spouses) and members of the households of such employees are ineligible. Questions regarding eligibility will be decided by Sponsor, whose decisions are final and not subject to appeal.

 

HOW TO ENTER: Contest is void where prohibited. Contest participants must submit an original recipe in one of the following five (5) recipe categories that incorporates at least one José Olé® product: (1) Kids’ Menu; (2) Family Favorites; (3) Anytime Snacks; (4) Parties & Get-Togethers; and (5) Quick & Easy Meals. All recipe submissions must be in English and include: the name of a current José Olé® product, a name for the submitted recipe, a list of all ingredients with exact U.S. measurements and the recipe category for which the recipe is entered. Each submitted recipe must include complete preparation and cooking instructions, including, without limitation, pan sizes, required utensils, cooking time, cooking temperature, number of servings recipe makes and any other relevant information. All entries become the sole property of Sponsor and will not be returned. Incomplete entries will be disqualified. You may enter more than one recipe, but each entry must be submitted separately and must be a unique recipe.

 

There are two ways to submit your Contest entry:

 

1. Online: During the Contest Period, visit www.joseole.com and follow the online entry instructions. You must include all information requested on the online entry form, including your original recipe (including the components outlined above). Online entries must be received by 11:59 AM ET on May 31, 2009. Normal Internet access charges imposed by your online service provider will apply and will be your responsibility. Sponsor is not responsible for entries that cannot be processed due to phone, network, electronic or computer hardware or software failure, or technical failures of any kind. In the event of a dispute as to the identity of an entrant, any online entry will be deemed submitted by the authorized account holder of the e-mail account from which it was sent. The authorized account holder shall be the natural person to whom the applicable e-mail address has been assigned by the Internet access provider, service provider, or other online organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A selected winner may be requested to provide the Sponsor with proof that the selected winner is the authorized account holder of the e-mail address associated with the winning entry. If a dispute cannot be resolved, the entry will be deemed ineligible.

 

OR,

2. Mail: Hand print your name, complete mailing address, daytime phone number, e-mail address (optional) and date of birth, on a piece of plain 8 ½” x 11” paper along with your original recipe (with all components outlined above). Mail your completed entry to: José Olé® Coolest Mom Recipe Challenge, PO Box 2346, Darien, CT 06820. All mail-in entries must be postmarked on or before May 31, 2009 and received at the above address by June 10, 2009. Sponsor is not responsible for lost, late, mutilated, misdirected or postage due entries.

 

JUDGING:

 

First Round: All entries will be judged between June 11, 2009 and August 15, 2009, by a panel of qualified judges determined by Sponsor. The entries for each of the five (5) recipe categories will be ranked based on the following criteria: Perceived Taste (25%); Creativity (25%); Consumer Appeal (25%); and Appropriate Use of Eligible Products (25%). The entries receiving the top twenty (20) scores in each of the five recipe categories will proceed to the Second Round. In the event of a tie among the entries receiving the lowest of the twenty (20) highest scores in each category, the entry involved in the tie having the higher Perceived Taste score will proceed to the Second Round. In the event less than twenty (20) recipes are submitted for a particular recipe category, all recipes submitted for such category will proceed to the Second Round.

 

Second Round: The recipes in each of the five (5) recipe categories receiving the top twenty (20) scores during the First Round will be posted on Sponsor’s website at www.joseole.com on or about August 29, 2009 and available for viewing by the public until September 15, 2009. During this viewing period, visitors to the website will have the opportunity to view the top twenty (20) recipes in each category and vote for their favorite recipe in each category on or before September 15, 2009 (the “Public Vote”). The Public Vote score for each recipe will be combined with the First Round score and, once combined, the top five (5) scoring recipes in each category (25 recipes in total) will be kitchen-tested. The First Round score will count for 55% of the score and the Public Vote will count for 45% of the score to determine which recipes will be kitchen-tested. In the event of a tie for the top five (5) in a particular recipe category, the entry involved in the tie receiving the highest First Round score will qualify to be kitchen-tested.

 

Between September 16, 2009 and September 30, 2009, a panel of qualified judges appointed by Sponsor will kitchen-test the top five (5) recipes in each of the five (5) categories. The rankings shall be based on the following criteria: Overall Taste (35%); Appearance (25%); Creativity (20%); and Consumer Appeal (20%) and will be ranked from 1 (best) to 100 (the “Test Kitchen Score”). In the event of a tie in the highest Test Kitchen Score, the entry involved in the tie receiving the higher Overall Taste score by the panel of judges during the Second Round will receive the higher ranking. The entrant submitting the one (1) recipe earning the highest Test Kitchen Score will be named the Grand Prize Winner. The entrants, other than the Grand Prize Winner, who submitted the recipes receiving the highest three (3) Test Kitchen Scores in each of the five (5) recipe categories will be named First Prize Winners. In the event of a tie, the entry involved in the tie receiving the highest Overall Taste score by the panel of judges during the Second Round will be named a prize winner. The Grand Prize and First Prize Winners will be determined on or about September 30, 2009.

 

Selected winners will be notified by telephone or e-mail within one (1) week of being selected. In order to be confirmed a winner, each selected entrant will be required to complete, sign and return an Affidavit of Eligibility, a Liability Release and, where legal, a Publicity Release within ten (10) days of receipt of same. If a prize winner is a minor in his or her state of residence at the time he or she is asked to sign these documents, the minor’s parent or legal guardian will also be required to sign these documents. If a prize winner cannot be reached within ten (10) days following the initial notification attempt, is found to be not in compliance with these Official Rules, fails to return the requisite documents in a timely manner, or if the prize notification or prize is returned as undeliverable, the prize will be forfeited and, at Sponsor’s discretion, awarded to the runner-up, subject to confirmation in accordance with these Official Rules.

 

PRIZES: One (1) Grand Prize Winner will receive gift certificate(s) and/or gift card(s) having a total aggregate value of $20,000 to a home improvement, appliance or other retail store of Grand Prize Winner’s choosing in the Grand Prize Winner’s home area. Approximate Retail Value (“ARV”) of Grand Prize: $20,000.

 

Fifteen (15) First Prize Winners will each receive a $100 gift card to Cooking.com. ARV of First Prize: $100, each.

 

Use of gift certificates/cards is subject to terms and conditions of issuing retailer. All prizes will be awarded provided a sufficient number of eligible entries are received. Fifteen (15) First Prizes will be awarded only in the event at least three (3) recipes are submitted for each recipe category. If less than three (3) recipes are submitted for any particular recipe category, the total number of First Prizes awarded shall be reduced accordingly. Limit one (1) prize per person/household. No prize substitution or cash redemption, except at Sponsor’s sole discretion or as otherwise provided herein. Sponsor reserves the right to substitute a prize of equal or greater value in its sole discretion. Prizes are not transferable.

 

GENERAL RULES OF PARTICIPATION: Contest entrants agree to be bound by the terms of these Official Rules and decisions of Sponsor, which are final and binding on all matters relating to this Contest. All federal, state and local taxes are solely the responsibility of Prize Winners. By entering, participants release Sponsor, and its parent companies, subsidiaries, affiliates, and each of their respective directors, officers, shareholders, owners, employees, representatives, agents, advertising and promotion agencies and all others associated with the development or execution of this Contest (the “Releasees”), from any and all liability or any damages or causes of action (however named or described) arising out of participation in the Contest, and/or the receipt, use, misuse or nonuse of the prizes awarded, including, without limitation, liability for personal injury, death or property damage. Releasees do not make any warranty, representation or guarantee, express or implied, in fact or in law, relative to the use of any prize, including, without limitation, quality, merchantability and fitness for a particular purpose. Sponsor reserves the right to modify this Contest in any way it deems necessary or appropriate. Sponsor reserves the right to permanently disqualify from this Contest any person it believes has violated these Official Rules. All federal, state and local laws apply. Entry constitutes permission for Sponsor and its agencies to use winners’ names, voices and/or likenesses for purposes of advertising, promotion and publicity, without further compensation, unless prohibited by law. Except where prohibited, submission of a recipe will constitute and signify the entrant’s agreement and consent to the Sponsor and/or the Sponsor’s assignees’ use of the recipe. Submission of a recipe grants Sponsors and their agents the right, but not the obligation, to publish, use, adapt, edit and/or modify the recipe in any way, in commerce and in any and all media worldwide now known or hereinafter developed, without limitation and without further consideration to the entrant. Submission of a recipe further constitutes the entrant’s assignment and transfer to the Sponsors of any and all rights, title, and interest in and to the recipe, including, without limitation, all intellectual property rights. Entrant must be the sole and rightful owner of the recipe submitted in the Contest and recipe may not have won previous awards; and must not infringe upon any other person’s (or persons’) rights. The right to submit or use a recipe must not be restricted in any way. Modifying, enhancing or altering a third party’s preexisting work does not qualify as entrant’s original creation. Recipe may not include any intellectual property of third parties, including copyrighted or trademarked material except for Sponsor's trademark for which entrant has a limited license to use for the sole purposes of creating and uploading an entry into the Contest. Recipe must be suitable for publication at Sponsors’ sole discretion. Recipe must not use competitive food brands. Any recipe containing dangerous, obscene, libelous, indecent, violent, sexually explicit, discriminatory or other morally or legally objectionable material, in the opinion of the judges or the Sponsor, will result in disqualification of the corresponding entry and of the entrant who submitted it. Proof of submission does not constitute proof of receipt. Recipe must be submitted by an individual, eligible entrant only; no group entries allowed.

 

TERMS AND CONDITIONS: The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically register and/or enter repeatedly is prohibited and all such entries will be disqualified. If for any reason this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest and determine winners from entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. Releasees assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Releasees are not responsible for lost, late, garbled, misdirected, or postage due entries or mail, or for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer relating to or resulting from participation in this Contest or downloading any materials in connection with this Contest. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

 

DATA COLLECTION: Sponsor collects personal information from you when you enter the Contest. See Sponsor’s privacy policy at www.joseole.com for information about how personal information may be used.

 

WINNERS LIST REQUEST: For the identity of the prize winners, send a self-addressed, stamped (business size) envelope (Vermont residents may omit return postage) to: José Olé® Coolest Mom Recipe Challenge Winners List Requests, PO Box 2346, Darien, CT 06820. Requests must be received by November 15, 2009.

 

SPONSOR: Windsor Quality Food Company, Ltd. d/b/a Windsor Foods, E. Concours Drive, Suite 100, Ontario, CA 91764.

 

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