OFFICIAL RULES FOR THE “2016 AMERICA’S BETTER SANDWICH™” CONTEST
VOID WHERE PROHIBITED.
The “2016 America’s Better Sandwich” Contest (“Contest”) begins 12:00 PM Eastern Time (“ET”) June 15, 2016 and ends 12:00 PM ET October 23, 2016 ("Contest Period"). The Contest entry period begins 12:00 PM ET June 15, 2016 and ends 12:00 PM ET August 21, 2016 (the “Entry Period”).
Open only to legal residents of the 50 United States, the District of Columbia and Puerto Rico who are 18 years of age or older and who have reached the legal age of majority in their jurisdiction of residence at the time of entry. Employees of Bimbo Bakeries, USA, Inc. (“Sponsor”), Coyne PR, Trymark Consulting Group, L.L.C., and their respective parents, affiliates, franchisees, subsidiaries, advertising and promotion agencies, and the immediate families (spouse, parents, children and siblings and their respective spouses, regardless of where they reside) and individuals living in the same households of such employees, whether or not related, are ineligible to enter or win. Void where prohibited. Subject to all applicable federal, state and local laws and regulations.
How to Enter: During the Entry Period, you (the “Entrant”) can enter the Contest by visiting http://www.americasbettersandwich.com; then completing and submitting the official entry form by providing your first and last name, e-mail address, date of birth, phone number (including area code), selecting one (1) of the five (5) sandwich categories, and providing your “better sandwich” idea, including sandwich name (max sixty-five (65) characters), ingredients, exact measurements, preparation instructions (ingredients, measurements and preparation instructions shall be collectively referred to herein as the “Recipe”), and a description of how your sandwich is better pertaining to health and taste (max five hundred (500) characters) (the official entry form, sandwich name, Recipe and description shall be collectively referred to herein as the "Entry"). Recipe must include a minimum of two (2) slices per serving of Arnold®, Brownberry® or Oroweat® bread product as an ingredient (Open-Faced Artistry category must include one (1) slice per serving of Arnold®, Brownberry® or Oroweat® bread product). You may submit up to two (2) Entries in each of the following five (5) sandwich categories: Open-Faced Artistry: sandwiches are works of art for the world to see, and these snacks and meals should announce their nutritious ingredients—like bright beets or tasty tuna—sans second slice; Breakfast in Bread: these sandwiches, featuring nutrient rich breakfast favorites like eggs and yogurt, invoke images of cozy mornings in bed or boisterous brunches with friends; State Favorites: whether it’s a well-known sandwich in the state you reside, or a must-have local dish that can transition into a sandwich, celebrate your state pride by re-creating these state favorites with better-for-you ingredients (an Entry submitted in this Category must re-create a state or local favorite from your current state of residence); Creative Classics: nutritious spins on sandwich creations that have stood the test of time, such as grandma’s club sandwich, BLT or other old-time favorites; and Fueling Good: these sandwiches should incorporate ingredients that help boost your energy such as healthful fats, protein, fiber and iron (each, a “Category”). Submission of erroneous or incomplete information will void the submitted Entry. Limit ten (10) Entries (two (2) per Category) per person and per e-mail address for duration of Entry Period. If multiple Entries are received in excess of the stated limitation for any Category from any person or e-mail address during the Entry Period, only the first two (2) Entries received from such person or e-mail address for such Category will be considered. All Entries must be in English and will not be returned. Except as otherwise provided herein, Sponsor will not enter into any correspondence with an Entrant regarding an Entry. Should multiple users of the same e-mail account enter the Contest and a dispute thereafter arises regarding the identity of the Entrant, the authorized account subscriber of said e-mail account at the time of Entry will be considered the Entrant and must comply with these Official Rules. “Authorized account subscriber” is defined as 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 for the domain associated with the submitted e-mail address.
Additionally, Sponsor will donate one (1) loaf of bread to Feeding America for each Entry and vote (as described below) submitted, up to 100,000 loaves. The terms and conditions and additional donation program details can be viewed at http://americasbettersandwich.com/termsandconditions/.
Your Entry may not contain any content that the Sponsor, in its sole discretion, determines to be:
(a) Vulgar, offensive, sexually explicit, profane or pornographic;
(b) derogatory of any race, ancestry, place of origin, color, ethnic origin, citizenship, religion, sex, sexual orientation, age, marital status, family status or disability; endorses any form of hate or hate group; defames, misrepresents or contains disparaging remarks about other people, products or companies;
(c) violent or promotes the use of alcohol, illegal drugs, tobacco, or weapons; promotes unsafe or unhealthy activities;
(d) promotes any political agenda or message;
(e) appears to duplicate any other submitted Entry;
(f) contains copyrighted materials owned by others;
(g) contains any personal identification, such as persons’ names, email addresses, street addresses or license plate numbers;
(h) communicates messages inconsistent with the positive image of the Sponsor’s name and brands; or
(i) violates any law.
The Sponsor reserves the right to reject any Entry which Sponsor determines, in its sole and absolute discretion, does not meet the above criteria or is otherwise offensive or is not in keeping with the Sponsor’s image and reputation. Sponsor reserves the right to remove any Entry without prior notice.
By entering, you represent and warrant that (a) you are the sole owner of your Entry and all rights in your Entry; (b) you have the right to submit the Entry and to provide the Sponsor with a license to use the Entry; (c) your Entry consists of only your original work and no part of your Entry has previously been published anywhere else; (d) you have not granted any person, corporation or other entity any rights to use your Entry; (e) your Entry meets the criteria in Section 3; (f) your Entry does not defame or violate the rights of publicity or privacy of any person, living or deceased, or otherwise infringe upon the publicity rights or privacy of any third person, living or deceased, or otherwise infringe upon any person’s personal or property rights or other third party rights; (g) your entry is not offensive or inappropriate, as determined by Sponsor in its sole discretion, nor does it violate any law; and (h) if your Entry contains third party elements not owned by you, you have obtained written consent from those owners to submit your Entry and, if requested to do so, you can and will produce such written consent in a form and manner acceptable to the Sponsor. Failure to provide such proof on request may render your Entry null and void. By submitting an Entry, you warrant and represent that you consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein.
Entrants understand and agree that they shall retain all ownership rights in Entry; however, by submitting an Entry, Entrant hereby grants Sponsor a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sub-licensable and transferable license to edit, publish, use, adapt, exploit, modify or dispose of any Entry, in whole or in part, online, in print, film, television, or in any other media now or hereafter known throughout the world in perpetuity without compensation, permission or notification to Entrant or any third party, for any purpose whatsoever.
By submitting an Entry, you acknowledge and agree that Sponsor may obtain many submissions in this Contest and that your Entry may be similar or identical in theme, idea, format or other respects to others submitted in this Contest or other contests sponsored by the Sponsor, or to other ideas conceived by or provided to Sponsor, and you waive any and all claims you have or may have, now or in the future, that any Entry and/or other works accepted, reviewed and/or used by the Sponsor (or its designees) are similar or identical to your Entry. Except where prohibited by law, you acknowledge and agree that the Sponsor does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to your Entry.
Judging: All eligible Entries received will be judged by qualified judges selected by Sponsor as described below. There will be three (3) tiers of judging:
First Tier: All eligible Entries received during the Entry Period will be judged based on the following criteria:
1) Nutritional quality of selected ingredients (50%)
2) Provides unique/creative flavor profile (30%)
3) Perceived ease of preparation (20%)
The one hundred twenty-five (125) Entries (twenty-five (25) from each Category) with the highest scores from the First Tier, as determined by Sponsor in its sole discretion, will be deemed “Semi-finalists”, subject to verification of eligibility and compliance with these Official Rules. In the event of a tie, an additional, “tie-breaking” judge will determine the Entry/Entries which will proceed to the Second Tier based on the above stated criteria. Sponsor reserves the right to select fewer than one hundred twenty-five (125) Entries to advance to the Second Tier, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries.
Second Tier: The top one hundred twenty-five (125) Semi-finalist Entries (twenty-five (25) from each Category) will then be judged by a separate panel of qualified judges selected by Sponsor on the following criteria:
1) Nutritional quality of selected ingredients (50%)
2) Provides unique/creative flavor profile (30%)
3) Perceived ease of preparation (20%)
The fifteen (15) Entries (three (3) from each Category) with the highest scores from the Second Tier, as determined by Sponsor in its sole discretion, will be deemed “Finalists”, subject to verification of eligibility and compliance with these Official Rules. Sponsor reserves the right to select fewer than fifteen (15) Entries to advance to the Third Tier, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries. In the event of a tie, an additional, “tie-breaking” judge will determine the Entry/Entries which will proceed to the Third Tier based on the above stated criteria.
Potential Finalists will be notified by phone or e-mail. If a potential Finalist is contacted by phone, Sponsor will make two (2) attempts to leave a message. If any e-mail to a potential Finalist is undeliverable, any phone number provided by a potential Finalist is incorrect or no longer in service, a response to any given e-mail or phone call/message is not received within three (3) business days of date of its issuance or a potential winner does not comply with these Official Rules, the opportunity to proceed to the Third Tier of judging may be forfeited. Potential Finalists will be required to execute and return an affidavit of eligibility and a liability release and, where legal, a publicity release within five (5) days of date of issuance of those documents or the opportunity to proceed to the Third Tier of judging may be forfeited. If any potential Finalist does not comply with these Official Rules or Finalist notification is undeliverable, the opportunity to proceed to the Third Tier of judging may be forfeited, and time permitting, Sponsor reserves the right to select an alternate Finalist based on the above criteria.
Third Tier: The fifteen (15) Finalist Entry Recipes (three (3) from each Category) will be prepared by Sponsor using the instructions provided by Entrant. Each Entry will then be judged by a panel of qualified judges on the following criteria to determine the Category Prize winners and the Grand Prize winner, subject to verification of eligibility and compliance with these Official Rules:
1) Taste (30%)
2) Creativity/Innovation (30%)
3) Nutritious analysis (30%)
4) Online Voting (10%) (as described below)
Finalists understand and agree that their prepared Recipe will be photographed by Sponsor during the Third Tier of judging for use in Online Voting, as described below. Released Parties (as defined below) are not liable for the use of any Entry by any third party. Entrant acknowledges and agrees that Released Parties have no, nor shall have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to any Entry.
Online Voting: The fifteen (15) Finalist Entry Recipes (three (3) from each Category) and photos will be displayed for voting by consumers at http://www.americasbettersandwich.com between 12:00 PM ET September 26, 2016 and 12:00 PM ET October 23, 2016 (the “Voting Period”) and the votes of each Entry will be tallied. A calculation of the total number of votes (as determined by Sponsor) for each Entry will account for 10% of the score as described above. Limit one (1) vote per category per person per day for the duration of the Voting Period. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means or practices, including, without limitation, offering prizes or other inducements to other individuals and/or using any websites designed to induce individuals or provide other incentives to vote for their Entry, as determined by Sponsor in its sole discretion. Use of script, macro or any automated system or practice to view the Entries or with the intent to impair or subvert the integrity of the viewing process is prohibited and all such votes will be void.
Based on the judging criteria set forth above, the one (1) Finalist Entry from each Category with the highest score will be deemed a Category Prize winner and the one (1) Finalist Entry with the highest overall score will be deemed the Grand Prize winner, subject to verification of eligibility and compliance with these Official Rules. In the event of a tie, an additional, “tie-breaking” judge will determine the Category Prize winner or Grand Prize winner, as applicable, based on the Third Tier criteria. Decisions of judges are final and binding. Sponsor reserves the right to not award all prizes if, in its sole discretion, it determines it has not received a sufficient number of qualified eligible Entries.
Grand Prize (1): $25,000.00 (awarded in the form of a $25,000.00 check) (Estimated Retail Value (“ERV”) $25,000.00). Category Prizes (5, one (1) per Category): $5,000.00 (awarded in the form of a $5,000.00 check) (ERV $5,000.00 each). Total ERV of all prizes combined is $50,000.00. Winners will be responsible for all taxes (including federal, state and local taxes) and any other costs and expenses associated with acceptance and use of the prize not described herein as being awarded. All prize details are at the sole discretion of the Sponsor.
Potential winners will be notified by phone or e-mail. If a potential winner is contacted by phone, Sponsor will make two (2) attempts to leave a message. If any e-mail to a potential winner is undeliverable, any phone number provided by a potential winner is incorrect or no longer in service, a response to any given e-mail or phone call/message is not received within three (3) business days of date of its issuance or a potential winner does not comply with these Official Rules, the prize may be forfeited. Potential winners will be required to execute and return an affidavit of eligibility and a liability release and, where legal, a publicity release within five (5) days of date of issuance of those documents or prize may be forfeited. If any potential winner does not comply with these Official Rules or prize or prize notification is undeliverable, the prize may be forfeited and not be awarded.
By participating, you agree: a) to abide by these Official Rules, and to the decisions of Sponsor and the judges, which shall be final and binding in all respects; b) to the use of your name, likeness and biographical data by Sponsor and its designees if selected as a winner for advertising, promotional and other purposes in any and all media now or hereafter known throughout the world in perpetuity without compensation, right of review or notification (except where prohibited by law); and c) THAT SPONSOR, COYNE PR, TRYMARK CONSULTING GROUP, L.L.C., AND ALL OF THEIR RESPECTIVE PARENTS, AFFILIATES, FRANCHISEES, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES, RETAILERS, DISTRIBUTORS AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL HAVE NO LIABILITY AND SHALL BE HELD HARMLESS FOR ANY DAMAGE, LOSS OR INJURY TO YOU OR ANY THIRD PARTY RESULTING FROM PARTICIPATION IN THIS CONTEST, SPONSOR’S OR ITS DESIGNEES’ USE OF ANY ENTRY, OR THE USE OR MISUSE OF ANY PRIZE. PRIZES ARE AWARDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED BY SPONSOR. Released Parties are not responsible for lost, delayed, interrupted or unavailable, network, server, cable, satellite, Internet Service Provider (ISP) or other connections, miscommunications, failed phone, computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or other errors or malfunctions of any kind whether computer, network, human, mechanical, electronic, printing, typographical or otherwise relating to or in connection with this Contest, including, without limitation, errors or problems which may occur in connection with the administration of the Contest, the processing or judging or voting of Entries, the tabulation of votes, the incorrect uploading of any Recipe, the announcement of the prizes or in any Contest-related materials or for any damage to your or other person’s computer hardware or software as a result of participation. Released Parties are not responsible for Entries that are lost, late, stolen, inaccurate, incomplete, delayed, misdirected, undelivered, garbled or delayed by computer transmissions. Persons found tampering with or abusing any aspect of this Contest or who are in violation of these Official Rules, as solely determined by the judges, will be disqualified and all associated Entries will be void. Every Entry must be manually keystroked and manually entered by you and repetitive automated electronic submission of Entries is specifically disallowed. Use of script, macro or automated entry software or programs or other means or practices which subvert the entry process is prohibited and all such Entries will be void. If the Contest is compromised by virus, bugs, non-authorized human intervention or other causes which corrupt or impair the administration, security, fairness or proper play of the Contest, or if the Contest is unable to run as planned for any other reason, Sponsor reserves the right in its sole discretion to modify, suspend or terminate the Contest or any portion thereof and/or terminate the participation of any Entrant (and void his/her Entry/ies) whose conduct potentially compromises the Contest and at its sole discretion award the prizes from among all eligible, non-suspect Entries received prior to the act requiring such suspension or termination using the applicable judging procedure outlined above. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If 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. CAUTION: Any attempt by an entrant to damage the website or undermine the legitimate operation of the Contest is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) to the fullest extent permitted by law. Contest is governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of laws principles, with venue in Montgomery County, Pennsylvania.
EXCEPT WHERE PROHIBITED BY LAW, AS A CONDITION OF PARTICIPATING IN THIS CONTEST, YOU AGREE THAT A) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT OF POCKET EXPENSES, IF ANY; B) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST, OR ANY COMPENSATION OR CREDIT TO BE PROVIDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND EXCLUSIVELY BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT (“FAA”, Title 9 of the United States Code) UNDER THE AUSPICES OF THE AMERICAN ARBITRATION ASSOCIATION; AND C) THE FEDERAL ARBITRATION ACT SHALL GOVERN THE INTERPRETATION, ENFORCEMENT AND ALL PROCEEDINGS AT SUCH ARBITRATION; AND D) JUDGEMENT UPON SUCH ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO THIS PROMOTION, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF YOUR ENTRY, YOU MAY OPT-OUT OF THIS, AND ONLY THIS, PART OF THE OFFICIAL RULES BY NOTIFYING THE SPONSOR OF SUCH OPT-OUT REQUEST BY PROVIDING WRITTEN NOTICE AND MAILING SUCH NOTICE TO: 2016 AMERICA’S BETTER SANDWICH CONTEST – ARBITRATION REJECTION, P.O. BOX 295, GAINESVILLE, VA 20156. ANY OPT-OUT RECEIVED AFTER THE THIRTY (30) DAY TIIME PERIOD WILL NOT BE VALID AND YOU MUST PURSUE YOUR CLAIM, IF ANY, VIA ARBITRATION PURSUANT TO THESE OFFICIAL RULES. ANY AND ALL CLAIMS, JUDGMENTS, AND AWARD SHALL BE LIMITED TO ACTUAL OUT OF POCKET COSTS INCURRED, IF ANY, AND IN NO EVENT SHALL YOU BE ENTITLED TO RECEIVE ATTORNEYS’ FEES OR OTHER LEGAL COSTS OR EXPENSES.
IN THE EVENT THAT YOU OPT-OUT OF THIS MANDATORY ARBITRATION PROVISION, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY A FEDERAL OR STATE COURT LOCATED IN MONTGOMERY COUNTY, PENNSYLVANIA.
The names of the winners (available after November 3, 2016) and/or a copy of these Official Rules may be obtained by mailing a self-addressed, stamped #10 envelope to: “2016 America’s Better Sandwich” Contest - Winners/Rules (please specify which), P.O. Box 295, Gainesville, VA 20156, for receipt no later than December 31, 2016. VT residents omit return postage on rules requests.
12. Sponsor: Bimbo Bakeries, USA, Inc., 255 Business Center Drive, Horsham, PA 19044.
Promoter: Trymark Consulting Group, L.L.C., P.O. Box 295, Gainesville, VA 20156.