- CONTEST PERIOD: The Flavor Right® Icing Funds Contest (“Contest”) sponsored by Flavor Right Foods (Rich Products Corp.) (“Sponsor”) begins at 12:00:01 am Eastern Time (ET) on June 12, 2017 and ends at 11:59:59 pm ET on August 11, 2017 (the “Contest Period”). The Contest is subject to all applicable federal, state and local laws and regulations. By participating, you agree to abide by, and be bound by, these Official Rules and the decisions of the Sponsor and If Not Now (the “Administrator”), which shall be final and binding in all matters relating to the Contest.
- ELIGIBILITY: In order to enter the Contest, you must be: (a) a current, legal resident of one of the 50 United States or District of Columbia (“D.C.”); (b) at least 18 years of age as of the time of entry (at least 19 years of age if a resident of Alabama or Nebraska); and (c) the owner of an independent, eligible* bakery located within the 50 United States/D.C. with twenty (20) or fewer locations. All such locations will be referred to herein collectively as your “Independent Bakery”. Winners of Sponsor’s 2016 “Icing Funds Contest” are NOT eligible to participate.*In order to be eligible, your Independent Bakery: (a) must have been in existence continuously for at least the one (1)-year period preceding the start date of the Contest, and must continue to be in operation through the date on which prizes are awarded; (b) must not be in bankruptcy from the date of entry through the date on which prizes are awarded; and (c) must not be involved in litigation from the date of entry through the date on which prizes are awarded if such litigation relates in any way to ownership or operation of your Independent Bakery, including your business practices.Employees, shareholders, officers and directors of Sponsor, the Administrator, their respective subsidiaries, affiliates, authorized agents, sales representatives, distributors, advertising and promotional agencies, and members of the immediate families (defined as including spouse, biological, adoptive and step- parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in this Contest. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification.
- HOW TO ENTER/ENTRY CONDITIONS: In order to enter, you must have a personal or business-related Facebook account. If you do not have an account, go to www.facebook.com to create one. Facebook accounts are free.During the Contest Period:
(a) Go to the Flavor Right® Page on Facebook at www.facebook.com/flavorrightfoods;
(b) provide all required personal and business information (which will include, but may not be limited to, owner’s first and last name, phone number, age, personal mailing address, your Independent Bakery’s name and address, your Independent Bakery‘s website address (if applicable), your personal email address and, if applicable, your business-related email address(es)), and answer all of the questions listed below*. Your answers and the personal and business information will be referred to collectively as your “Entry”;
(c) Optional: you may, but are not required to, share one (1) photo (black-and-white or color) of your Independent Bakery, your products, staff, signature items, customers, etc…); and(c) Optional: you may, but are not required to, share one (1) photo (black-and-white or color) of your Independent Bakery, your products, staff, signature items, customers, etc…); and
(d) follow all prompts and instructions to submit your Entry into the Contest. (d) follow all prompts and instructions to submit your Entry into the Contest.
Entries must be submitted by and in the name of the owner of the Independent Bakery only.
ALL ENTRIES MUST BE COMPLETED, SUBMITTED AND RECEIVED BY 11:59:59 pm ET ON August 11, 2017 ET.
Personal/Business Information .
.First and Last Name of Bakery Owner
.Bakery Address: Street, City, State, ZIP Code
.Bakery E-mail Address .Bakery Phone Number
.Bakery Web Site Address (if applicable)
.Bakery Owner’s age
.Bakery Owner’s personal E-mail Address
Each entrant must respond to all required questions below
.The responses will be used to determine whether your Independent Bakery will be awarded an “Icing Funds” prize.
Here are the questions each entrant must answer regarding his/her Independent Bakery:
.Do you own your own bakery? (Yes/No)
.What percentage of your business is cakes? 100% 75% 50% 25% I do not sell cakes
.If you currently use Flavor Right, how do you use it? Select all that apply.(Note: Use of Flavor Right is not required to enter the Contest.)
.Fillings (cakes, cupcakes, donuts, cookies, etc.)
.Other (please specify)
.My bakery doesn’t currently use Flavor Right
Tell us about your bakery. How long have you been in business? Share your dream / the story of how you got started and why you love what you do.
a) We wish we could help every bakery grow! Take a moment to share with us how winning an Icing Funds prize will help your business. What will you do with the prize?
b) OPTIONAL (not judged): We love the chance to help. What’s the most challenging part of running a bakery? Where do you turn for help?
In addition to answering all of the required questions listed above, your Entry must comply with all requirements and content restrictions set forth in Rule 4, below. Do not submit an Entry without first reviewing such requirements and restrictions and these Official Rules in their entirety. Further, you and your Entry must comply with the Facebook Terms of Service and Facebook rules and policies available at www.Facebook.com.
Entrants are solely responsible for Internet connectivity, digital transmission, software and/or hardware that may be required in order to submit any Entry. If you choose to enter via a mobile device, you will be responsible for all related charges. Please consult your service plan prior to entering via a mobile device.
Limit one (1) Entry per person/eligible Independent Bakery for the entire Contest Period, regardless of the number of Facebook accounts an entrant or business may have. If an entrant submits more than one Entry, only the first valid Entry received will be included in the judging process described in Rule 6, below; all other Entries will be disqualified. No other method of entry will be accepted. All Entries become the property of the Sponsor and will not be acknowledged or returned, except as provided herein. Proof of submission of an Entry will not be deemed proof of receipt by Sponsor. Sponsor reserves the right to void all Entries by an entrant who submits the same Entry multiple times or enters by using multiple/different or fraudulent email addresses, Facebook accounts or identities, or any other entry method that is not allowed under these Official Rules; such entrant will be disqualified. No robotic or otherwise automated Entries or use of third-party entry services allowed.
Once submitted, Entries cannot be modified, amended or supplemented by entrant in any way. Entries must be created for the sole purpose of this Contest and must be created by the entrant him/herself. Sponsor reserves the right to publish any submitted Entries, in full or in part, in any and all media during or after the Contest Period. Publication of an Entry is not intended to indicate that the Entry has been selected as a prize winner or is favored in any way. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Entry Requirements/Content Restrictions: Entries, in whole and in part, must be original, previously unpublished, conceived and created entirely by the entrant, and not previously or currently submitted for consideration in any other contest or promotion. Modifying, enhancing or altering a third party’s preexisting work does not qualify as an entrant’s original creation. Entry must not infringe on the copyrights, trademarks, privacy/publicity rights, intellectual property rights, or public/private property rights of any person or entity. If an entrant’s bakery has a co-owner of legal record, entrant must have permission from such person(s) to enter the Contest on behalf of the bakery. Proof of permission may be required at any time.
In addition, Entries must conform to the following requirements and restrictions:
.Entry cannot be sexually explicit or suggestive, derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic;
.Entry cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may be unsafe or dangerous, or any particular political agenda or message;
.Entry cannot be obscene or offensive, or endorse any form of hate or hate group;
.Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies;
.Entry cannot contain trademarks owned by others (except Sponsor’s trademarks to the limited extent allowed hereunder*), or advertise or promote any brand or product of any kind (except Sponsor’s brand), without permission, or contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses; .Entry cannot contain copyrighted materials owned by others (except Sponsor’s copyrighted materials for the limited purposes of this Contest only) without permission;
.Entry cannot contain materials embodying the names or other indicia identifying any person, living or dead, without permission;
.Entry cannot communicate messages inconsistent with the positive images and/or goodwill with which Sponsor wishes to associate; and
.Entry must be suitable for family audiences and for display and publication, in the sole determination of Sponsor.
The above list is not meant to be exhaustive. If an Entry is determined, by the Sponsor or Administrator, to be in violation of any of the foregoing requirements/restrictions, or unsuitable for inclusion in this Contest for any reason, the Entry will be rejected. By submitting an Entry, entrant hereby warrants and represents that: (a) the Entry conforms to all requirements and restrictions set forth herein; (b) publication of the Entry via various media, including Web posting, will not infringe on the rights of any third party; and (c) entrant is authorized to submit an Entry in this Contest on behalf of his/her bakery. Each entrant hereby indemnifies and holds harmless Sponsor from and against any claims to the contrary.
*LIMITED LICENSE: THE SPONSOR’S TRADEMARKS AND COPYRIGHTED MATERIALS (“SPONSOR’S MARKS”) MAY BE USED FOR PURPOSES OF THIS CONTEST ONLY. NO OTHER RIGHTS IN OR TO SPONSOR’S MARKS ARE GRANTED UNDER THESE OFFICIAL RULES.ENTRIES SUBMITTED IN THIS CONTEST WILL NOT BE EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND WILL NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.
- PRIZES: The following prizes are available to be awarded in the Contest: Two (2) First Prize winners will each receive a pre-paid, bank-issued Gift Card in the amount of $5,000; and Five (5) Second Prize winners will each receive a pre-paid, bank-issued Gift Card in the amount of $2,000. The total retail value of all available prizes in this Contest: $20,000. Prizes are non-transferable; no cash redemptions or other substitutions allowed except as provided herein. Sponsor reserves the right to substitute a prize of equal or greater value if the advertised prize becomes unavailable for any reason, as determined by Sponsor in its sole discretion. All prizes will be awarded provided they are claimed properly in accordance with these Official Rules, and provided Sponsor receives a sufficient number of eligible Entries.
- SELECTION OF WINNERS: On or about August 11th, 2017, a qualified panel of judges (the “Judges”) comprised of representatives of Sponsor and Administrator located in Chicago, IL and Buffalo, NY will review and evaluate all eligible Entries received based on the following criteria:
.Your bakery dream / story (20%)
.Innovative proposed use of prize money that demonstrates unique ideas specific to your bakery (20%)
.How the prize can sweeten your success / impact your business (20%)
.Importance of cake to your bakery business (25%)
.Judges’ impression of Independent Bakery including overall originality of your personal story, inspiration, products, proposed use of funds and details based on completion of all required questions (15%)
The two (2) entrants whose Entries receive the highest scores from the Judges will be declared the potential First Prize winners (subject to verification); and the five (5) entrants whose Entries receive the next-highest scores from the Judges (after the First Prize winners) will be declared the potential Second Prize winners (subject to verification).Prizes will be awarded to each winner on behalf of, and for the benefit of, the winner’s Independent Bakery. The scoring decisions and selection of winners will be solely and fully at the discretion of the Judges and will be final.
- CLAIMING PRIZES: Each potential winner will be notified via Facebook, email, telephone and/or postal mail on or about October 1st, 2017, and will be required to sign and return an Affidavit of Eligibility, Liability Release and, where permissible, a Publicity Release within seven (7) days as a condition of receiving his/her prize. If any of the following should occur: (a) a potential winner fails to return the required documents in a timely manner; (b) a prize or prize notification is returned as undeliverable; (c) the Sponsor and Administrator determine, in their discretion, that a potential winner is ineligible to receive a prize for failing to comply with these Official Rules or for any other reason; or (d) a potential winner is unable or unwilling to accept his/her prize as stated, then the applicable prize will be forfeited and awarded to the entrant whose Entry received the next-highest score from the Judges in the judging process (after the disqualified winner), subject to verification.
After verification of the winners’ eligibility and compliance with these Official Rules, the winners may be publicly announced through Sponsor’s official social media channels and/or other media.
Sponsor is not responsible for changes to entrants’ Facebook accounts, mailing addresses, email addresses and/or telephone numbers after the date on which they enter the Contest.
As a condition of being awarded a prize, each potential prize winner may be required to submit to a background check at the sole discretion of Sponsor; failure to comply may result in disqualification and forfeiture of prize. In addition, at the discretion of the Sponsor, a potential prize winner may be disqualified: (a) if the background check reveals that potential winner was convicted of a felony or misdemeanor; or (b) if Sponsor determines, in its sole discretion, that awarding the prize to such individual may reflect unfavorably on the Contest or Sponsor.
- GENERAL CONDITIONS: In the event of a dispute regarding the identity of entrants, Entries will be deemed made by the person in whose name the Entry was submitted. Sponsor and Administrator are not responsible for: (i) electronic or digital transmissions or Entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, or misdirected; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures, destruction of or unauthorized access to, or alteration of, Entries; (iii) failed or unavailable hardware, network, software or telephone transmissions; (iv) causes beyond Sponsor’s reasonable control that jeopardize or affect the administration, security, fairness, integrity or proper conduct of this Contest; (v) any Entry submitted in a manner that is not expressly allowed under these Official Rules; (vi) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Contest; (vii) any typographical or other error in any printing or advertising relating to this Contest, in the administration or execution of the Contest, or in the announcement of the prize winners; or (viii) cheating or fraud by any participant. All incomplete or non-conforming Entries will be disqualified.
If for any reason this Contest cannot be executed as planned, including but not limited to infection by virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of this Contest, or if this Contest is compromised or becomes corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to suspend, modify or terminate this Contest. If the Contest is terminated during the Contest Period, the Judges will select the winners from among all eligible, non-suspect Entries received as of the time/date of termination based on the judging process described in Rule 6, above. Sponsor reserves the right, at its sole discretion, to disqualify and prosecute any individual who tampers with or attempts to tamper with the entry process or who enters using any automatic or programmed entry duplication method or any entry service in violation of these Official Rules.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY CORRUPT OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
- RIGHTS GRANTED TO SPONSOR: By entering this Contest, each entrant agrees to assign all rights of ownership of his/her Entry to the Sponsor, including but not limited to copyright, publicity rights, and a sub-licensable, royalty-free, fully paid, unlimited, worldwide license and right, without limitation or compensation and without further permission, to reproduce, publish, display, edit, adapt, modify, distribute, develop, make derivative works from and otherwise use his/her Entry in whole or in part for any commercial or non-commercial purposes in any manner and in any medium now known or hereafter devised throughout the world in perpetuity.
By entering this Contest, each entrant further agrees as follows:
(i) entrant will not instigate, support, maintain or authorize any action or lawsuit against the Sponsor on the basis that any use of his/her Entry infringes any of his/her rights as creator of such Entry;
(ii) his/her Entry is gratuitous, unsolicited and without restriction, and will not place Sponsor under any obligations other than those contained in these Official Rules, and Sponsor is free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas therein without any compensation to entrant. Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than participant;
(iii) entrant will not now or in the future be paid or compensated in any way for his/her Entry or for granting the Sponsor any of the rights set out in these Official Rules; and
(iv) Sponsor is not obligated to make use of any of the rights granted in these Official Rules.
Sponsor may require any entrant to execute documents to confirm the grant of rights hereunder; failure to do so may result in the disqualification.
- LIMITATIONS OF LIABILITY: By participating in this Contest, participants hereby waive, release and agree to hold harmless, Sponsor, Facebook, their respective parent, subsidiary and affiliated companies, media partners, printers, and advertising and promotion agencies, and the officers, employees, directors and agents of each of the foregoing (collectively, the “Released Parties”), from and against any and all rights, claims and causes of action whatsoever that they may have, or which may arise, against any of them for any liability for any matter, cause or thing whatsoever, including but not limited to any injury, loss, or damage to person, including death, and/or property, arising in whole or in part, directly or indirectly, from their acceptance, possession, use or misuse of a prize (if applicable), or their participation in this Contest, or in any prize-related activity (if applicable). All federal, state, and local income taxes on the prizes are the sole responsibility of the winners. Each winner will be issued an IRS Form 1099 for the value of his/her prize. Acceptance of a prize constitutes permission to use winner’s name, city and state of residence, business name and location, personal likeness, photographs and recorded images of winner and his/her bakery, and winner’s voice and statements regarding the Contest for purposes of advertising and trade in commerce and in any and all media worldwide (including but not limited to social media) without limitation or further compensation or notice.
- DISPUTES/VENUE/GOVERNING LAW: By participating, entrants agree to waive any causes of action relating to the conduct, judging, administration or publication of this Contest including but not limited to filing a lawsuit or participating in any manner in a class action and agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, this Contest or the prizes (if applicable) shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Erie County, New York; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred; and (c) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives, all rights to claim punitive, incidental and/or consequential damages and/or any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of any participant or Sponsor in connection with the Contest shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials or notifications, or made by any representative of Sponsor or Administrator, and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
- WINNERS LIST: For the names of the prize winners, available after all winners have been verified and all prizes awarded, see www.flavorright.com. Winners List will be posted until December 31, 2017.
- SPONSOR: This Contest is sponsored solely by Flavor Right Foods, a division of Rich Products Buffalo, NY.Any questions, comments or complaints regarding this Contest must be directed to the Sponsor or Administrator only, and NOT to Facebook.
All trademarks used herein are the property of their respective owners.
© 2017 Flavor Right Foods. All rights reserved.