NO PURCHASE NECESSARY-INTERNET ACCESS IS NECESSARY TO ENTER-VOID WHERE PROHIBITED. 1. Eligibility: Chef’s Requested “Name-the-Steak” Contest (“Contest”) is open only to legal residents of the 50 U.S. and the District of Columbia and who are 18 years of age or older at time of entry. Employees and directors of Chef’s Requested Foods, Inc., (“Sponsor”), and Carolina Manufacturers Services (individually and collectively the Contest Entities”), those responsible for the development, promotion, distribution and implementation of this Contest, their respective parents, affiliates, subsidiaries, advertising and promotion agencies, and printing suppliers for this Contest, and the immediate family members (parents, siblings, children & spouse), regardless of where they live, or persons living in the same household, whether related or not, of such employers and directors are ineligible. By participating you agree to these Official Rules and the decisions of Carolina Manufacturers Services (“CMS”), the Contest Administrator, and/or Sponsor which are final and binding in all respects. 2. Contest Period: The contest begins at 12:00:01 a.m. Eastern Time (“ET”) on or about May 1, 2008 and ends at 11:59:59 p.m. ET July 31, 2008 (“Contest Period”). For the purposes of this promotion, a week shall be defined as beginning on Monday at 12:00:01 a.m. ET and end the following Sunday at 11:59:59 p.m. ET except the first week of the promotion which will be Thursday 5/1/08 at 12:00:01 and end Sunday 5/10/08 at 11:59:59 p.m. ET. 3. How to Enter: Log on to www.namethesteak.com. On the entry form provided, include your full name, complete address with zip code, date of birth, your day and evening phone numbers with area code and your email address, as well as your idea for the new name of our frozen bacon wrapped steak The uploaded name and completed entry form becomes your “Entry.” NAMES MAY ONLY BE SUBMITTED ON-LINE. NO OTHER METHOD OF ENTRY WILL BE ACCEPTED. Your suggested name must be received no later than 11:59:59 pm ET, July 31, 2008. The Sponsor’s computer will record the receipt of each Entry. The Name will be rejected if it contains any inappropriate, offensive or immoral content. By submitting an Entry, entrant warrants and represents that the Entry does not violate any law, regulation or right of any third party, including but not limited to copyright, trademark, rights of publicity or privacy, libel, slander or portrayal in a false light, the Entry is your own original work, that you have followed the Official Rules of this Contest, and that your Name has not been published, or submitted in any other competition. Further, by submitting an Entry, entrant grants permission for Sponsors to post, and otherwise make use of, the Name on the World Wide Web as is consistent with these Official Rules (as solely determined by Sponsor), and warrants and represents that entrant has all right to grant such permission. Any Entry that, in the sole opinion of the Sponsor, is considered inappropriate or unsuitable for publication will be deemed ineligible. Except as noted below, Entries will not be acknowledged or returned at the conclusion of the Contest. By entering the contest, entrants grant Sponsor the right to publish and use submitted Name in print or electronic form for advertising and promotion purposes, and for Sponsor’s commercial products, including but not limited to Sponsor’s publications. Submission of any entry further constitutes the entrant’s consent to irrevocably assign and transfer to the Sponsor any and all rights, title, and interest in the entry, including without limitation, all copyrights; and winning entrant agrees to execute any documents requested by Sponsor to legally transfer and verify Sponsor rights in the submitted Name. 4. Judging: All eligible entries received by Sponsor’s computer will be posted on Sponsor’s website, www.NametheSteak.com where visitors to the site may vote for their favorite Entry based on a scale of 1 to 11. Visitors will assign a score between 1-11 for an entry. The scores are averaged to arrive at the respective score. Any use of robotic, automatic, macro, programmed or like voting methods will void all such votes by such methods, and disqualify any votes made by such methods. At the conclusion of the posting and voting period, Sponsor will tally the votes of all visitors to the site and the thirty (30) entries receiving the greatest number of votes will become finalists in the Contest. Those thirty entries will be judged by a select group of Chef’s Requested employees to narrow to the top five and from those top five; they will choose the one Grand Prize Winner who will receive a $5000 Home Improvement Gift Card. The select Chef’s Requested employees will also rank the remaining four (4) entries in the event an alternate winner is needed. The criteria applied in the final judging will be: 1) one-fourth Overall Creativity; 2) one-fourth Originality; 3) one-fourth Attention to branding; 4) one-fourth the “Wow Factor” Potential winner will be notified by phone and/or email on or about 8/10/08. If potential winner cannot be reached within three (3) days from the first notification attempt, then such person shall be disqualified and the next highest Entry will be selected as a finalist. 5. Prizes: One (1) Grand Prize: A $5000 Home Improvement Store Gift Card. Twelve (12) Weekly Drawings (10 T-Shirts/Drawing): A Chef’s Requested T-Shirt (ARV $25). Each Monday there will be a random drawing from amongst all entrants in the preceding weeks. Limit one T-Shirt per person. All non-winning entries will be forwarded into subsequent drawings. Prize cannot be substituted, assigned, transferred or redeemed for cash, but Sponsor, in its sole discretion may substitute a prize of equal or greater value if prize becomes unavailable for any reason. If winner cannot accept prize as stated the prize will be forfeited in its entirety and an alternate winner will be selected. All Federal, State and local taxes are the sole responsibility of winner. Gift Card is subject to the terms and conditions of issuer’s respective Gift Card Policy. Restrictions may apply and depend on gift card issuer. Card that is for retailer that has both physical locations and on-line Web site locations may be used at either. For specific terms and conditions of gift card see the card issuer’s Web site. 6. General Conditions: Winner will be required to complete, execute and return an Affidavit of Eligibility, a Liability Release and, where lawful a Publicity Release within seven (7) days of notification. If any Affidavit/Releases are not returned within the stated time, or if an entrant is found to be ineligible, or if he/she does not comply with the Official Rules, or if any prize or prize notification is returned as undeliverable, disqualification will result and the next highest ranked finalist will become the winner. Except where prohibited by law, the winner’s entry and acceptance of the prize constitutes agreement to grant permission for the Sponsor, and those acting pursuant to Sponsor’s authority to use the Grand Prize winner’s name, photographs, likeness, statements (if true), biographical information, voice, city and state of residence, and photos, and Entry, for advertising and trade purposes on a worldwide basis (without review by winner) and in all forms of media and on the world wide web. By participating, any right to claim ambiguity in the contest or these Official Rules is waived. WINNER HEREBY RELEASES, DISCHARGES AND AGREES TO INDEMNIFY AND HOLD HARMLESS, SPONSOR, CMS INTERNATIONAL, THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY LIABILITY OR ANY INJURIES (INCLUDING DEATH), DAMAGES OR LOSSES TO ANY PERSONS 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 CONTEST-RELATED ACTIVITY OR PARTICIPATION IN THIS CONTEST. 7. Limitations of Liability: Sponsor or any of it’s affiliates or agents and CMS are not responsible for late, lost, damaged, misdirected or incomplete entries; or system errors or failures, or faulty transmissions or other telecommunications malfunctions and/or any hardware or software or programming failures of any kind, lost or unavailable network/web site/ISP/Usernet connections or access, or failed, incomplete or garbled computer, cable or telephone transmissions, or for any problems or technical malfunction(s) of any telephone or cable network or lines, or computer problems or traffic congestion at the ISP, on the Internet, or at a Website, or combination of any of the foregoing, or the incorrect or inaccurate capture of entry, votes or other information or the failure to capture, or loss of, any such information. Further, Sponsor or any of it’s affiliates or agents and CMS, are not responsible for any injury or damage to entrant’s or any other person’s computer related to or resulting from downloading any material for the Contest, or other telecommunications or cable malfunctions which may limit or bar an entrant’s ability to participate. Sponsor or any of its affiliates or agents and CMS, are not responsible for incorrect or inaccurate information caused by hacking or unauthorized third party intervention. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries or votes, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest, and select the winner from entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. In case of dispute, the authorized subscriber of the e-mail account used to enter the promotion at the actual time of entry will be deemed to be the participant, and must comply with these Official Rules. The authorized account subscriber is deemed to be the natural person who is assigned an e-mail address by an Internet Access Provider, on-line service provider, or other organization which is responsible for assigning e-mail addresses. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST 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 FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. IN NO EVENT WILL SPONSOR, CMS, AND/OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE INTERNET SITE WWW.NAMETHESTEAK.COM , THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. 8. Winners List: For the name of the Grand Prize winner, mail a self-addressed stamped envelope for receipt by 9/30/08 to: Chef’s Requested “Name-the-Steak” Contest Winners List, Program # CHEFREQ01, PO Box 426008, Del Rio, TX 78842-6008. Winner’s name and proposed product name may also be posted on the above web site. For Official Rules, please send SASE to the address above for receipt by 8/3/08. 9. Dispute Resolution/Choice Of Law: The Contest is governed by the laws of the State of Oklahoma, without regard to conflict of law doctrine, with venue in Oklahoma City and all claims must be resolved in the courts of Okalahoma. 10. Privacy Policy: The entry information provided is subject to the Privacy Policy on the above stated Web site. To read that Policy, access the Web site and then access the Privacy Policy. Sponsor: Chef’s Requested Foods, Inc. PO Box 82096, Oklahoma City OK, 73148. |