Bays Recipe Contest Rules

Bays English Muffins
Top This….Pizza Challenge Recipe Contest
Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING A PRIZE. INTERNET ACCESS IS REQUIRED. VOID OUTSIDE THE 48 CONTINENTAL UNITED STATES AND WHERE PROHIBITED BY LAW. ALL CONTEST ENTRANTS ARE SUBJECT TO THE OFFICIAL RULES WHICH GOVERN ALL ASPECTS OF PARTICIPATION AND PRIZE AWARDS.
This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook.  Facebook is not affiliated with the Sponsor in any way.

1. ELIGIBILITY:
The Top This….Bays English Muffins Pizza Challenge ("Contest" or "Promotion") is offered in and open only to legal residents of the 48 Continental United States and the District of Columbia (collectively, "U.S.") that are age 18 and older at the time of entry (19 or older if a resident of Alabama or Nebraska). Employees, officers and directors of Bays English Muffins (“BEM”), and its parent company, subsidiaries, corporate affiliates, advertising and promotion agencies engaged in the design and implementation of the Contest and the immediate family members and members of the same household (whether related or not) of the foregoing individuals are not eligible to enter or win. "Immediate family" is defined for these purposes as including spouse, biological, adoptive and step-parents, children, grandparents, grandchildren and siblings, and each of their respective spouses, regardless of where they reside. In addition to the above, “professionals”, as defined herein, are not eligible to participate. Professionals include chefs and food writers, and also include anyone who has received career/professional/graduate/culinary and/or formal training in food preparation, or anyone who develops or creates recipes and/or food products for pay.

This Contest is subject to all applicable federal, state and local laws and regulations.

2. CONTEST PERIOD:
The Contest begins on April 1, 2012 at 12:00:01 AM Eastern Time (“ET”) and ends on May 31, 2012 at 12:00:00 AM ET ("Contest Period"). BEM is the official timekeeper for the Contest.

3. HOW TO ENTER:
Each contestant is required to create, in accordance with these Official Rules, an original pizza recipe that s/he feels would be great if made with a Bays English Muffin. The recipe, and the personal information (name, etc.) the contestant provides when entering the Contest will be referred to collectively in these Official Rules as his/her "Entry". To enter, access www.bays.com (the “Web Site”) during the Contest Period, provide all requested information, and follow the instructions to submit your Entry. Enter as many times as you want, but each Entry must be different and separately submitted.  Duplicate Entries from the same person or household will be disqualified. All Entries must be received by 12:00:00 AM ET on May 31, 2012. Entry will not be valid without contestant agreeing to these Official Rules and confirming that: (a) you are at least 18 years of age or of age (19 or older if a resident of Alabama or Nebraska); and (b) the recipe you are submitting as your Entry is your original work as defined herein.
BY SUBMITTING AN ENTRY, CONTESTANT EXPRESSLY CONSENTS TO THE POSTING OF THE ENTRY ON THE WEB SITE FOR PUBLIC VIEWING, AND EXPRESSLY ACKNOWLEDGES THE ENTRY BECOMES THE PROPERTY OF BEM.

About Entries:
Recipe must be an original recipe and must be a creation of one's own mind and not a copy, imitation or modification of an existing recipe, except as provided herein. An Entry may not contain the trademark, trade name, or logo (other than a BEM trademark, trade name, or logo to the extent allowed hereunder), or copyrighted material, of any person or entity. LIMITED LICENSE: THE BEM TRADEMARKS, TRADE NAME AND LOGO (COLLECTIVELY, “BEM’S MARKS”) MAY BE USED FOR PURPOSES OF THIS CONTEST ONLY. NO OTHER RIGHTS IN OR TO BEM’S MARKS ARE GRANTED UNDER THESE OFFICIAL RULES. If any Entry is found in BEM’s sole discretion to be infringing on the intellectual property rights of any third party, that Entry will be removed from the Web Site and contestant will be disqualified. If a recipe is derived from a previously published recipe, it must have at least four (4) significant ingredients that are different and the method of preparation must be changed in order to qualify. Recipe must not have been previously submitted to another food-related contest, promotional event, or for publication.  Recipe must: (a) be in English; (b) list the ingredients in order of use and in exact standard U.S. measurements; (c) include the name of the recipe, number of servings, complete step-by-step preparation and cooking instructions, cooking time, cooking heat level, and utensils/appliances required; (d) require standard kitchen utensils/appliances only; and (e) include your name, address, email address (if you have one), and daytime phone number.

The submission of your Entry must not violate any agreement to which you are a signatory or party.
   
No other form of entry is valid. Any attempt by a contestant to circumvent these Official Rules in any will void all Entries submitted by that contestant, and that contestant will be disqualified. All Entries become the exclusive property of BEM and will not be acknowledged or returned except as provided herein. Any Entry that BEM, in its sole opinion, deems to be inappropriate for publication or use in this Contest, or potentially damaging to any person or entity, will be disqualified. Sponsor reserves the right to so disqualify any Entry at any time during or after the Contest Period.
Use of Entries and Names: By submitting an Entry, each contestant: (a) agrees to transfer and assign to BEM all rights, title and interest in and to the Entry, including but not limited to all intellectual property rights; (b) acknowledges and agrees that BEM and its agents have the right to post his/her Entry (or any part thereof) and/or use his/her name on the Web Site, or any other web site, at any time or times, and contestant shall have no right of further notice, or review or approval of any such use of the Entry and/or contestant’s name, and (c) acknowledges and agrees that the Entry (or any part thereof) including his/her name may be changed, altered, edited or modified in any manner, as solely determined by BEM, and used in whole or in part, alone or in combination with other works, for advertising, trade and promotional purposes without compensation, in all media now known or hereafter discovered worldwide, including the Internet and/or relevant social media, without further notice and without limitation, review or approval.
By entering, each contestant represents and warrants that the submitted recipe: (a) is the sole, exclusive, and original creation of the contestant alone, and no other individual contributed to it; (b) the recipe has not been derived in whole or in part from any other recipe without the significant modifications required above; (c) does not violate or infringe any copyright, trademark/trade name, logo, Trade Secret or intellectual property right, or other proprietary right of any person or entity (including but not limited to rights of privacy or publicity or portrayal in a false light); (d) is the sole and exclusive property of the contestant; and (e) has not previously been published (subject to the limited exception for published recipes containing the significant modifications mandated by these Official Rules) , or submitted in any other food-related contest or promotion.

Once an Entry is submitted, it cannot be changed, altered or modified.
In the event of a dispute, Entries will be deemed made by the person in whose name the Entry was submitted.

BEM will not respond to any questions about an Entry or the Contest.

4. SELECTION OF THE FINALISTS AND GRAND PRIZE WINNER:
All Entries will be pre-screened by BEM representatives as to basic eligibility requirements. After pre-screening, Entries will be judged by a committee of qualified judges ("Judges") on the basis of the following criteria: (a) Creativity/Originality; (b) Taste; (c) Ease of Preparation;  (d) Appearance; (e) Practicality; (f) Appropriateness for an English muffin; and (g) Appropriateness to the Contest theme.  Each of these foregoing judging criteria will be weighed equally.   Judges will select one Grand Prizewinner, and five Finalists on the basis of the above criteria.

5. NOTIFICATION:
Grand Prizewinner and Finalists will be selected on or about June 15, 2012, and notified by telephone, email or postal mail. Grand Prizewinner and Finalists will be required to sign and return an Affidavit of Eligibility, a Liability Release, and (where permitted by law), a Publicity Release and other documents as requested by BEM (collectively, “Prize Documents”). If the Prize Documents are not received by the date or dates stated on the notification letter accompanying them, or if any prize notification is returned as non-deliverable, or if the Grand Prizewinner or any Finalist is found to be ineligible or not in compliance with these Official Rules, that individual will be disqualified and the contestant whose Entry had the next highest cumulative score based on the judging criteria above will be selected to replace the disqualified individual and to receive the corresponding prize.

6. PRIZES:
GRAND PRIZE (Judge's Favorite): One Grand Prize will be awarded, consisting of the following: Round-trip, coach class air transportation for winner and one guest from a major airport near the winner’s residence (as determined by Sponsor) to a city of BEM’s choice in Italy;  seven nights  accommodations for two at a hotel of BEM’s choice (one double occupancy room); and enrollment in a one-day cooking school chosen by BEM. Approximate Retail Value (“ARV”) of Grand Prize package: $10,000.00.

FINALIST PRIZES: Five Finalist prizes will be awarded, each consisting of a case of Bays English Muffins (Twelve 6-count packages). ARV: $34.00 per prize.

Total ARV of all prizes in this Contest: $10,170.00.

Grand Prizewinner’s guest must be at least 18 years of age (at least 19 if a resident of Alabama or Nebraska) by time of travel subject to the following exception: Guest may be a minor only if s/he is the child or legal ward of the winner. Winner and guest must be able to travel together on the dates and times to be specified by BEM or the prize will be forfeited in its entirety and awarded to the Finalist whose Entry had the next highest cumulative score based on the judging criteria described above. Further travel and/or accommodations restrictions may apply. The actual value of the Grand Prize package depends on the city of departure, destination city and airfare fluctuations, and any difference between the stated ARV and the actual value, if any, will not be awarded. If the potential winner cannot accept prize as stated, the prize will be forfeited and awarded to the Finalist whose Entry had the next highest cumulative score based on the judging criteria described above. All travel arrangements are subject to availability. All other expenses and costs not expressly listed above, including but not limited to ground transportation, hotel incidentals, meals, souvenirs and tips, are solely the winner’s and guest’s responsibility.

7. PRIZE RESTRICTIONS/CONDITIONS:

Limit one prize per household.
Prizes consist only of the items described above. Prizes may not be transferred, assigned, redeemed for cash or substituted, except as provided herein. Sponsor reserves the right to substitute any prize or any component of the prize with a prize or prize component of equal or greater value in the event the stated prize/component becomes unavailable. All state, federal and local income taxes on prizes are solely the responsibility of the winners.  The Grand Prizewinner will be issued an IRS Form 1099 for the value of the prize. All prizes will be awarded provided they are properly claimed in accordance with these Official Rules.

Potential Grand Prizewinner understands and agrees that, as a condition of being awarded the prize, winner may be subject to a background check at the sole discretion of BEM; failure to comply may result in disqualification and forfeiture of prize. In addition, at the discretion of BEM, potential Grand Prizewinner may be disqualified: (a) if charged with or convicted of a felony or misdemeanor; (b) if BEM determines, in its sole discretion, that awarding the prize to such individual may reflect unfavorably on the Contest or BEM; or (c) if s/he is not eligible to receive the prize based on the eligibility requirements set forth in these Official Rules. 

8. GENERAL CONDITIONS:
By participating, contestants agree: (a) to be bound by these Official Rules and the decisions of BEM and the Judges, which shall be final and binding in all matters relating to the Contest; (b) to indemnify, release, defend and hold harmless BEM, the Judges, Facebook, Inc., their respective affiliates, parent companies, subsidiaries, distributors, advertising and promotion agencies, and each of their respective officers, directors, employees, representatives and agents (individually and collectively "Releasees") from and against any and all liability arising from or in connection with participation in the Contest or the acceptance, possession and/or use of a prize if awarded to him/her, or his/her participation in prize-related activities including but not limited to travel related thereto, and any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury (including emotional distress), and/or death which may occur in connection with preparation for, or participation in, this Contest, or the possession, acceptance and/or use or misuse of any prize the contestant may receive, or participation in any Contest-related activity and for any claims or causes of action based on privacy rights, defamation or portrayal in a false light; (c) that contestants who do not comply with these Official Rules, or who attempt to interfere with this Contest in any way shall be disqualified; and (d) if chosen as a winner, to grant permission (to the extent allowed by law) for BEM and those acting pursuant to BEM's authority(and agrees to confirm such permission in writing)  to use, in perpetuity, his/her name, picture, voice and/or likeness, biographical information and statements and prize information for advertising, trade and promotional purposes without further compensation, at any times or time, in all media now known or hereafter discovered worldwide, including he Internet and/or relevant social media, without further notice and without limitation, review or approval.

Each winning recipe will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then each winner irrevocably sells, assigns and transfers to BEM all of his/her right, title and interest in and to his/her recipe, including but not limited to all copyright and trademark rights, in the United States and worldwide, therein, for no additional consideration beyond the prize awarded. Upon request of BEM, each winner shall execute and deliver such additional instrument of sale, transfer and assignment, as may be solely deemed by BEM, reasonably necessary to establish the ownership of record of the right, title and interest in and to his/her recipe and of the copyrights transferred hereunder and to record and perfect same. Should BEM fail to request the said transfer and/or assignment as stated, that shall not be deemed a waiver of BEM's rights and BEM may at a later time request the transfer and/or assignment as stated.

BEM reserves the right to void all Entries determined by BEM in its sole discretion to have been submitted: (a) through any robotic, automatic, mechanical, programmed or similar entry method or third-party entry service: (b) fraudulently; or (c) in contravention of these Official Rules in any way, and to disqualify the individual who engaged in such behavior.

BEM does not guarantee the posting of any Entry on the Web Site, and has no obligation to post any Entry on the Web Site or elsewhere.

Each contestant agrees that s/he will not use his/her Entry for any purpose other than this Contest, including, without limitation, posting the Entry to any online social networks, without the express consent of BEM in each instance.

Each contestant acknowledges and agrees that s/he will not now or in the future be paid or compensated in any way for his/her Entry (whether chosen as a winning Entry or not), or for granting BEM and its agents any of the rights set out in these Official Rules, and that BEM is not obligated to make use of any of the rights granted in these Official Rules.

By participating in this Contest, each contestant agrees that his/her Entry is gratuitous, unsolicited and without restriction, and will not place BEM under any obligations other than those contained in these Official Rules, and that BEM is free to disclose the ideas contained in any Entry on a non-confidential basis to anyone or otherwise use the ideas contained therein without any compensation to contestant. Each contestant further acknowledges that BEM may obtain many Entries in this Contest and that such Entries may be similar or identical in theme, idea, format or other respects to other submitted Entries or to ideas conceived by or provided to BEM outside this Contest, and contestant waives any and all claims s/he may have, now or in the future, that any Entry and/or other works accepted, reviewed and/or used by BEM may be similar to his/her Entry.


9. LIABILITY LIMITATIONS:
The Releasees are not responsible for and shall not be liable for: (a) electronic transmissions or Entries that are lost, late, stolen, incomplete, illegible, damaged, postage-due, garbled, destroyed, misdirected or not received by BEM or its agents for any reason; (b) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of Entries, or for destruction of or unauthorized access to, or alteration of, Entries; (c) failed or unavailable hardware, network, software or telephone transmissions, damage to contestants’ or any person’s computer and/or its contents, or causes beyond BEM’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Contest; (d) incorrect or inaccurate entry information whether caused by contestants or by any of the equipment or programming associated with or utilized in the Contest; (e) any typographical or other error in any printing or advertising related to this Contest, in the administration or execution of the Contest, or in the announcement of the prizewinners; or (f) cheating or fraud by any contestant.  All incomplete or non-conforming Entries will be disqualified.

Each contestant acknowledges and agrees that the Releasees are not responsible for any unauthorized use of his/her Entry by third parties.

BEM reserves the right, in its sole discretion, to cancel, modify, terminate or suspend the Contest should the Contest be incapable of running as planned for any reason that corrupts or impairs the administration, security, fairness, integrity or proper play of the Contest. In the event of termination prior to the stated end date of the Contest Period, notice thereof will be posted at www.bays.com and Grand Prizewinner and Finalists will be selected from among all eligible, non-suspect Entries legitimately received as of the date/time of termination. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, BEM RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. By entering, each contestant agrees and acknowledges as follows: (a) this Contest, including construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of Illinois without regard to choice of law or conflict of law principles (whether of the State of Illinois or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Illinois; (b) any dispute, claims and causes of action arising out of or connected in any way with the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and brought exclusively in the appropriate federal or state court located in Cook County, Illinois and litigation and/or trials will be decided solely by a judge. CONTESTANT WAIVES TRIAL BY JURY IN ANY SUCH ACTION(S); (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (d) under no circumstances will contestant be permitted to obtain awards for, and contestant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

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 and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.

BEM'S failure to enforce any term of these Official Rules shall not constitute a waiver of that term.

10. USE OF DATA:

By entering, all such contestants hereby agree to BEM’s collection and use of their personal information in accordance with BEM’s Privacy Policy, available at www.bays.com.

11. WINNERS LIST:
For the names of the Grand Prizewinner and Finalists, visit www.bays.com or mail a self-addressed, first-class stamped envelope to: Bays English Muffins Pizza Recipe Contest Winners, P.O. Box 1455, Chicago, IL  60690-1455. Requests must be received by July 15, 2012.

Sponsor: Bays Corporation, Chicago, IL

Any questions, comments or complaints regarding this Contest must be directed to the Sponsor only, and NOT to Facebook.


NOTICE OF COPYRIGHT INFRINGEMENT

A. The Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work or that of another on whose behalf you are authorized to act has been copied without your authorization and is available on or in our website or Contest in a way that may constitute copyright infringement, you may provide notice of your claim to Bays Corporation’s (“Bays”) Designated Agent listed below. For your notice to be effective, it must include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (the “Complaining Party”); (2) A description of the copyrighted work that you claim has been infringed upon; (3) A description of where the material that you claim is infringing is located on or in our web site or Contest; (4) Information reasonably sufficient to permit Bays Designated Agent to contact the Complaining Party, such as address, telephone number, and, if available, an e-mail address at which the Complaining Party may be contacted; (5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the Complaining Party.
B. Bays Designated Agent is:
Kathy Weber   
By Postal Mail: JM Glass + Associates, 2201 Waukegan Road, Suite 255, Bannockburn, IL  60015
By Email: kweber@jmglass.com
 

C. Bays will follow the procedures provided in the DMCA, which prescribe a notice and takedown procedure, subject to the webmaster's right to submit a Counter-notification claiming lawful use of the disabled works.

D. You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.

E. Bays has discretion to handle non-compliant notices in whatever manner appears to be reasonable given the circumstances presented.