Official Rules
The following promotion is intended for viewing in the contiguous United States only (excluding Alaska, Hawaii, and its territories, possessions, and commonwealths) 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 contiguous United States, 21 years or older, and accessing this site in the contiguous United States, its territories, possessions, or commonwealths.
SHOW US YOUR FRENCH COCKTAIL HOUR PHOTO 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 CONTIGUOUS UNITED STATES, 21 YEARS OF AGE OR OLDER. VOID IN ALASKA, HAWAII AND WHERE PROHIBITED.
1. How to Enter:
Beginning at 9:00 a.m. Eastern Time (“ET”) on June 4, 2012 until 5:00 p.m. ET on July 16, 2012 (the “Promotion Period”), you may enter the “Show Us Your French Cocktail Hour Photo Contest” (the “Promotion”) by visiting the Food.com website (www.food.com/frenchcocktailhour) (the “Website”) and completing the online entry form and submitting a Submission (as defined below). All entries must be received by 4:59:59 p.m. ET on July 16, 2012 to be eligible. Each entry must also include entrant’s (“Entrant”) full name, age, address, phone number (including area code), and e-mail address. Scripps Networks, LLC dba Food.com (“Sponsor”) will not verify receipt of entries.
2. Submission Requirements:
Submissions for the Contest must consist of (a) one (1) digital photo illustrating the Entrant’s vision for a “French Cocktail Hour” concept, and (b) a brief story in 250 characters or less giving a description of the food, event, and/or people depicted in the photo and how French products are integrated in the concept (collectively, the “Submissions” and each, a “Submission”). The photo portion of each Submission should be in .jpg, .gif or .png format, and the total upload should not be larger than one (1) megabyte. All Submissions become the property of Sponsor and will not be returned. If Entrant is selected as a prospective Grand Prize Winner, Entrant will be required to execute and return releases and additional documentation supplied by Sponsor in accordance with Sponsor’s instructions or such prospective finalist will be disqualified. Incomplete and/or late Submissions will also be disqualified.
Completed Submissions that are created and received within the above-mentioned guidelines shall collectively be referred to herein as the “Eligible Entries”. Submissions that are not original work of the Entrant and/or illegible or incomplete application forms will not be accepted. Sponsor reserves the right to reject any Submissions that it deems, in its sole discretion, to violate any of the policies of the Sponsor’s customary standards and practices.
The Submission must not include: (a) content that violates any third party rights, including, but not limited to, copyrights or trademark rights; (b) defamatory language; (c) threatening language; (d) language that is sexually explicit, obscene, or indecent; (e) language that promotes alcohol, tobacco, or drug use; or (f) any other language that Sponsor determines is not reasonably related to the Promotion.
3. Representations and Warranties:
By submitting an Submission, and Entrant represents and warrants that: (a) the Submission is an original work created solely by Entrant; (b) Entrant owns all rights to the Submission; (c) the Submission complies with all requirements of these Official Rules; and (d) Entrant understand that other entrants may submit Submissions that are identical to yours and that you shall not have any claim against any other Entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity.
4. Eligibility:
This Promotion is open only to legal residents of the contiguous United States (excluding Alaska and Hawaii) who are 21 years of age or older, except 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.
5. Privacy:
When you enter at the Website, you may be asked to consent to receive promotional e-mails and reminders for upcoming promotions and information about Sponsor. Consenting to receive such e-mails is optional and does not have to be agreed to in order to be eligible to enter the Promotion and does not improve your chances of winning. In the event you do consent to receive these e-mails, the use of such e-mails shall be subject to the privacy policy of Sponsor (the “Privacy Policy”), which is available on the Website. Any information you submit as part of the Promotion will be treated in accordance with Privacy Policy. Except where prohibited, participation in the Promotion constitutes your consent to Sponsor's use of your name, likeness, contest entry, and state of residence for promotional purposes in any media without further payment or consideration.
6. Limitations of Liability:
Sponsor, French Ministry of food, Agriculture and Fisheries, 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, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this Promotion; inability to access the Website; 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, mutilated, illegible or postage due, or any combination thereof. Proof of mailing, in person submission, or online submission is not considered proof of delivery or receipt. All entries become the property of Sponsor and will not be returned. By entering, all participants and/or entrants also 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, sweepstakes partners and prize suppliers, and all of their respective affiliated companies, employees, officers, directors and shareholders, from and against all claims and damages or liability arising in connection with each entrant’s participation and/or entry in the Promotion and/or their 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 sweepstakes-related activity or participation in this Promotion. Any and all warranties and guarantees are subject to the respective manufacturer’s terms. Winner must sign a Liability and Publicity Release. All documents must be returned by the date and/or time indicated within such documents. If potential winner fails to return such documents within that time, or if an entrant is found to be ineligible, or if he/she does not comply with the Official Rules, then the potential winner will be disqualified and an alternate winner will be selected. Except where prohibited by law, the winner's entry and acceptance of the 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. Entrants 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. Except where prohibited by law, the winner's entry and acceptance of the prize constitutes permission for the Promotion Entities to use said winner's travel companion'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.
7. How Winners will be Determined:
Grand Prize Winners: After the Promotion Period, a panel of judges selected by Sponsor will evaluate all Submissions and select two (2) Grand Prize Winners (the “Grand Prize Winners”) based on the following Judging Criteria: 25% based on creativity; 25% based on photo quality; and 50% based on how well French and/or sponsored products are used in the Submission (the “Judging Criteria”). Sponsored products include any Bordeaux wine brands, any Olivier and Co. products, and any flavor of Fromager d’Affinois cheese. In the event of a tie, ties will be broken based on the criteria determining how well French products and/or sponsor products are used in the Submission. If a tie still remains, the tie will be broken based on the creativity score. Sponsor’s decisions with respect to the winners and other matters pertaining to the Contest shall be final. The Grand Prize Winners will be determined on or around July 23, 2012.
Public Voting Winners: During the Promotion Period, Sponsor will post Submissions online on the Website (Submissions will be posted on a rolling basis as Sponsor receives Submissions), and visitors to the Website will have the opportunity to vote for their favorite (“Public Voting”). The public voters should base their votes on the Judging Criteria. Public Voting will only be available during the Promotion period ("Voting Period”), and visitors may only vote once (1) per day per video during the Voting Period. A "Day" is defined as the 24-hour period beginning at the time the public voter submits his/her vote, and ending 24 hours later. All voters must be legal residents of the 50 United States or D.C. and at least 13 years of age at the time of casting their vote. At the end of the Voting Period, the fourteen (14) Submissions with the highest number of votes will be the Public Voting Winners (the “Public Voting Winners”). Notwithstanding the foregoing, a Grand Prize Winner will not be eligible to also be a Public Voting Winner. In the event a Grand Prize Winner is also one of the top 14 Submissions after the Public Voting, the Grand Prize Winner will be disqualified from also being a Public Voting Winner, and the Submission with the next-highest number of votes will become a Public Voting Winner. The Public Voting Winners will consist of one (1) First Prize Winner, ten (10) First Runners Up, one (1) Second Runner Up, and two (2) Third Runners Up, and will be determined based on how many votes such winner received, compared to the other Public Voting Winners:
| Public Voting Winner(s) |
Ranking among Public Voting Winners (votes received) |
| First Prize Winner |
Number one (1) vote getter |
| First Runners Up |
Numbers two (2) through eleven (11) vote getters |
| Second Runners Up |
Number twelve (12) vote getter |
| Third Runners Up |
Numbers thirteen (13) through (14) vote getters |
The Public Voting Winners will be determined on or around July 24, 2012.
8. Prize Conditions:
A prospective 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 prospective winner within three (3) days from first notification attempt, if the prospective winner fails to complete and return all requested forms by the specified date, or if the prospective 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. By entering into the Promotion, all entrants consent to the use of their name, photograph, likeness, biography, voice and/or video for advertising and promotional purposes, including online announcements, worldwide and without limitation and without additional compensation, except where prohibited by law.
Prior to selection of the winners, Entrants and/or their Submissions may be featured on the Website; however, in no way shall such promotion influence the selection of the winners.
9. Ownership of Submissions:
By submitting a Submission, an Entrant acknowledges and agrees 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) Entrant’s 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 Entrant’s Submission is not a work made for hire, Entrant hereby assign to Sponsor all right, title, and interest in and to the Submission and all copies thereof that Entrant may have or obtain without any further consideration, free from any claim, lien, balance due, or rights of retention thereto, on your part; (e) Entrant waives all claims to any and all moral rights in the Submission including without limitation, Entrant’s 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. Conditions of Entry:
This Promotion is governed by U.S. law and is subject to all federal, state and local laws and regulations. Void where prohibited by law. Entry materials that have been tampered with or altered are void. If, in the judge’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 judges reserve the right at their sole discretion to disqualify any individual who tampers with the entry process and void any entries submitted fraudulently, to modify or suspend the Promotion, or to terminate the Promotion and 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. Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event of a dispute as to the identity of the winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES 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 ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
11. Prize:
Grand Prize: Each of the two (2) Grand Prize Winners will receive the following: (i) round-trip coach airfare for Grand Prize Winner and one (1) guest to New York City from a major airport near Grand Prize Winner in the contiguous 48 United States; (ii) three (3) days and two (2) nights first-class hotel accommodations (double occupancy) (room and tax only); (iii) Food Network Kitchens cooking event, including lunch, for Grand Prize Winner and guest; and (iv) airport transfers. Total approximate retail value (“ARV”) of each Grand Prize: $2,200.
First Prize: The one (1) First Prize Winner will receive one (1) year’s supply of O&CO. imported olive oils. ARV $300.
First Runners Up Prize: The ten (10) First Runners Up will each receive one (1) Le Creuset 5 ½ quart French Oven in Marseille Blue. ARV $265 each.
Second Runner Up Prize: The one (1) Second Runner Up will receive a “cocktail hour” gift basket by Epicerie Boulud. ARV $229.
Third Runners Up Prize: The two (2) Third Runners Up will each receive the cookbook “Cocktails and Amuse-Bouches for Her and for Him” by Daniel Boulud. ARV $50 each.
Total ARV of all prizes: $7,679.
The specifics of all aforementioned elements of the prizes in the Promotion shall be solely determined by Sponsor. All costs, taxes, fees, and expenses associated with any element of any prize not specifically addressed above are the sole responsibility of the respective Winner. All federal, state and local taxes on prizes are the prize Winner’s responsibility. Winner will be issued a 1099 tax form for the actual value of the respective prize. Travel must be round trip. Sponsor will determine airline and flight itinerary in its sole discretion. If in the judgment of Sponsor air travel is not required due to Grand Prize Winner's proximity to destination, ground transportation will be substituted for roundtrip air travel at Sponsor's sole and absolute discretion. The difference in value will not be awarded to the Grand Prize Winner. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Promotion, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. Winner will not receive difference between actual and ARV. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. All travel must be completed by July 1, 2013, and must be arranged with Sponsor a minimum of sixty (60) days in advance, and is subject to availability and Sponsor’s approval. If Grand Prize Winner is unable to fulfill Grand Prize during time period, Grand Prize Winner forfeits the Grand Prize. All travel dates will be determined by the Sponsor, and once made may not be altered except by Sponsor. Some restrictions may apply. Meals not described above, incidentals, tips, telephone calls, or any other personal expenses incurred during the trip are not included. All other expenses not specifically identified as included in the Grand Prize are the sole responsibility of the Grand Prize Winner. Winner and guests must travel the same itinerary and on the dates and/or times specified by Sponsor or prize will be forfeited in its entirety and may be awarded to an alternate winner. All travel companions of winner must be at least twenty-one (21) years of age or older, unless accompanied by his/her parent or legal guardian, and must each sign a Liability and Publicity Release. If potential Winner’s travel companions fail to return such documents within date and/or time indicated within such documents, then the potential winner will be disqualified and an alternate winner will be selected. Except where prohibited by law, the winner's entry and acceptance of the prize constitutes permission for the Promotion Entities to use said winner's travel companion'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.
Prizes cannot be transferred, substituted, or redeemed for cash except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize, or portions thereof, with a prize of equal or greater value.
12. Winner’s List:
Beginning on or about July 31, 2012 you may obtain the name of the winners by going to the Website.
13. Sponsor:
Scripps Networks, LLC dba Food.com, 9721 Sherrill Boulevard, Knoxville, Tennessee 37932.
14. Administrator:
Ritway Inc., 1463 E. Weisgarber Road, Knoxville, Tennessee 37909.
