
NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. THE CONTEST IS OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA, 18 YEARS OF AGE OR AGE OF MAJORITY IN STATE OF RESIDENCE, WHICHEVER IS OLDER, AT TIME OF ENTRY. VOID IN PUERTO RICO AND WHERE PROHIBITED BY LAW.
1. ELIGIBILITY: The Genji Ginger Miso Dressing Marinade Recipe Contest (“Contest” or “Promotion”) is offered in and open only to legal residents of the 50 United States and District of Columbia (“U.S”) age 18 and older or of the age of majority in their state of residence, whichever is older. Employees, officers, and directors of Genji, Inc. or Whole Foods Market, and each of their respective parent companies, subsidiaries, corporate affiliates, advertising and promotion agencies and entities engaged in the design and implementation of the Contest and the immediate family members and members of the same household of such individuals are not eligible. "Immediate family" means parents, children, siblings and spouse and their respective spouses, regardless of where they reside. Void in Puerto Rico and where prohibited. Professional chefs are not eligible to participate.
2. CONTEST PERIOD: The Entry Period for the Contest begins on August 31, 2009 at 12:00:01 A.M. Eastern Time (“ET”) and ends on November 30, 2009 at 11:59:59 P.M. ET (“Contest Period”). The Contest Data Base is the official time keeping device for the Contest. Genji reserves the right to extend the contest period at any time.
3. HOW TO ENTER: Contestants are required to create an original Recipe which uses either Original Ginger Miso Dressing or Spicy Ginger Miso Dressing (“Entry”). Access www.genjiweb.com during the Contest Period and follow the instructions to enter.
Access the Registration Form, provide your personal information and recipe, and submit completed form as directed no later than 11:59:59 P.M. ET on November 30, 2009.
Entry will not be valid without contestant checking box(s) agreeing to these Official Rules and confirming that (a) you are at least 18 years of age or of age of majority in state of residence and (b) the Recipe you are submitting is your original work and does not infringe the intellectual property right of any third party.
All entries must be submitted by 11:59:59 P.M. ET on November 30, 2009.
ALL ENTRIES SUBJECT TO THESE OFFICIAL RULES.
BY SUBMITTING AN ENTRY, CONTESTANT EXPRESSLY CONSENTS TO THE POSTING OF THE ENTRY ON THE WEB SITE FOR PUBLIC VIEWING.
About Entries: No other form of participation is valid. Any attempt by a participant to obtain more than one (1) entry by using multiple/different email addresses, identities, or any other methods will void that participant’s entries and that participant will be disqualified. All entries become the exclusive property of Sponsor, and will not be acknowledged or returned. Any entry which Sponsor, in its sole opinion, deems to be inappropriate for publication will not be considered. All entries must be original works. An entry may not contain the trademark, trade name, or logo (other than Genji’s trademark, trade name, or logo), or copyrighted material, of any person or entity. If any entry is found in Sponsor’s sole discretion to be infringing on the intellectual property rights of any third party, that entry will be removed from the website and participant will be disqualified.
Use of, Entries and Names: By submitting a name, entry and Recipe, entrant (a) grants a world wide, royalty-free, perpetual license to Sponsor and its agents to post his/her Recipe (or any part thereof) and/or use his/her name and/or entry on the web site, www.genjiweb.com.com or any other web site, at any time or times, as is consistent with the Official Rules, and entrants shall have no right of notice, review or approval of any such use of the Recipe and/or entrant’s name and/or entry, and (b) acknowledges and agrees that the recipe (or any part thereof) and/or his/her name and/or entry may be used in whole or in part, alone or in combination with other works, and that the Recipe and/or entry may be changed, altered, edited or modified, or in any other manner, as solely determined by Sponsor.
By entering, each entrant represents and warrants that the submitted recipe:
(i) is the sole, exclusive, and original creation of the entrant alone; no other individual contributed to it; and the Recipe has not been copied in whole or in part from any other work; and,
(ii) does not violate or infringe any copyright, trademark/trade name, logo, Trade Secret or intellectual property right, other proprietary right of any person (including but not limited to rights of privacy or publicity or portrayal in a false light), or entity; and,
(iii) is the sole and exclusive property of the entrant; and,
(iv) has not been published, or submitted in any other competition.
Sponsor will not respond to any questions about an entry or the Contest. Once an entry is submitted, it cannot be changed, altered or modified. All submissions become property of the Sponsor and will not be returned.
4. SELECTION OF THE FINALISTS AND GRAND PRIZE JUDGING:
a. All entries will be pre-screened by Administrator as to basic eligibility requirements. After pre-screening entries will be judged by Sponsor on the basis of the following criteria: (a) Creativity/Originality and (b) Practicality of Preparation to select the top five (5) entries (“Finalists”). b. The top five (5) Recipes as selected by Sponsor will be prepared by Sponsor and served to a panel of judges (to be selected by Sponsor in its sole discretion) who will be asked to complete a judging form for each Recipe to determine the Grand Prize winner and the runners-up. The judges will be Genji product development managers and/or brand experts. The judging form will ask judges to evaluate each Recipe on a scale of 1-10, with 10 being the highest score, on the basis of taste. Grand Prize judging will take place at Genji, Inc. The Recipe with the highest, second-highest and third-highest cumulative scores from panel of judges will win the Grand Prize, First-Runner-Up Prize and Second-Runner-Up Prize, respectively. In the event of a tie, the winning Recipe will be the Recipe (among tied Recipes) with the higher/highest original score in Creativity/Originality and if there is still a tie, the tied Recipes will be re-judged by panel of judges based on taste. Grand Prize winner will be determined on or about 12/31/09 and will be notified on or about 1/15/10.
5. NOTIFICATION: The (5) Finalists will be determined on or about 12/31/09. The Finalists will be notified on or about 01/15/10 via express mail and/or telephone and will be required to sign and return an Affidavit of Eligibility, a Liability Release and, except where prohibited by law, a Publicity Release; and other documents as requested by Sponsor. If Affidavits/Releases/or any additional documents and releases required are not received by the date or dates stated on the notification, or if any notification is returned as non-deliverable, or if Finalist is found to be ineligible or not in compliance with these Official Rules, the Finalist will be disqualified and the entrant with the next highest cumulative score based on the criteria above will be notified.
6. PRIZE: One (1) Grand Prize: $300 to be awarded in the form of a Whole Foods Market gift card. One (1) First Runner-Up Prize: $200 to be awarded in the form of a Whole Foods Market gift card. One (1) Second Runner-Up Prize: $100 to be awarded in the form of a Whole Foods Market gift card.
7. PRIZE RESTRICTIONS: No substitution or transfer of prize, but Sponsor reserves right to substitute prize in whole or in part with prize of comparable or greater value. All applicable federal, state, local and other taxes and fees associated with the prize and expenses not stated related to acceptance and use of a prize are solely the responsibility of the Prize Winners.
8. GENERAL CONDITIONS: By participating, participants, agree (a) to be bound by these Official Rules and the decisions of Sponsor, Administrator and judges, which decisions shall be final and binding in all matters relating to the Contest; (b) that Sponsor, Administrator, their respective affiliates, parent companies, subsidiaries, distributors, advertising and promotion agencies, and their respective officers, directors, employees, representatives and agents (individually and collectively “Releasees”) are released, will have no liability whatsoever for, and shall be held harmless and indemnified by participants against any and all liability for any injuries, losses or damages, rights, claims and actions of any kind to person(s), including personal injury, death, or damage to or loss of property, or violation of intellectual property rights, or rights of publicity or privacy resulting in whole or in part, directly or indirectly, in connection with participation in the Contest and the acceptance, possession or use of the prize; (c) that they have read and understand the privacy policy and terms of use as referenced below in section 10; (d) that participants who do not comply with these Official Rules, or who attempt to interfere with this Contest in any way shall be disqualified and (e) winner, by acceptance of prize, except where legally prohibited, grants permission for Sponsor (and agrees to confirm such permission in writing) and those acting pursuant to Sponsor’s authority to use, in perpetuity, his/her name, picture, voice and/or likeness, biographical information and statements and prize information, and entry Recipe, and notwithstanding anything to the contrary in these Official Rules, grants the use of the entry Recipe to Sponsor, which may be altered, changed, modified, edited, used alone, together or with other works, and/or used in distorted, illusory or composite form, as solely determined by Sponsor for advertising, trade and promotional purposes without further compensation, at any times or time, in all media now known or hereafter discovered world wide, and on the Internet and/or World Wide Web, without notice or review or approval. Winning Recipes will be deemed a Work Made For Hire under the Copyright laws of the United States, but if they cannot be so deemed, then winner irrevocably sells, assigns and transfers to Sponsor 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 valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Winners hereby waive in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights” or any similar rights or principles of law that winner may now or later have in the Recipe. Upon request of Sponsor, winners shall execute and deliver such additional instrument of sale, transfer and assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the entry and of the copyrights transferred hereunder, and the waiver of all rights of “Droit Moral” or “Moral Rights” or any similar rights or principles of law; and to record and perfect same. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the transfer and/or assignment.
9. LIABILITY LIMITATIONS: Participation in Contest online is subject to the Privacy Policy at www.genjiweb.com. IF YOU DO NOT AGREE TO THE PRIVACY POLICY AND TERMS OF USE, DO NOT ENTER THE CONTEST ON BEHALF OF A PARTICIPANT WHO IS UNDER 18 YEARS OF AGE, PROVIDE ANY PERSONAL INFORMATION ON THE WEB SITE OR OTHERWISE USE THE WEB SITE. The Releasees are not responsible for and shall not be liable for: (a) printing or typographical errors in any Contest-related materials and in the event of any inconsistency between Contest-related materials and these Official Rules, these Official Rules shall govern and control, (b) technical failures of any kind including but not limited to electronic, hardware or software program, network, telephone (including wireless devices and/or handsets), Internet, website, ISP availability or computer malfunctions, failures, or difficulties of any kind, including without limitation, computer malfunction or by any human error which may occur in the administration, collection and processing of entries; (c) failed, incomplete, garbled or delayed computer transmissions; (d) lost, late, undeliverable, misdirected or incomplete or inaccurate entries or regular or express mail; (e) unauthorized human intervention in any part of the entry process or the Contest; (f) any error or condition that may cause the Contest to be disrupted or corrupted, regardless of the cause; or (g) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Contest or receipt or use or misuse of any prize. If, for any reason, a participant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, participant’s sole remedy is another entry in the Contest, provided that, it is possible to award another entry prior to discontinuance of the Contest.
Sponsor reserves the right, in its sole discretion, to cancel, modify, terminate or suspend the Contest or any portion thereof 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 cancellation, termination or suspension, notice thereof will be posted at www.genjiweb.com and finalists and winners selected from among all eligible entries legitimately received immediately prior to the event causing the termination or suspension. Sponsor reserves the right to void any entries determined by Sponsor in its sole discretion to have been submitted fraudulently or in contravention of the Official Rules. CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER 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, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION. Contest, including construction, validity, interpretation and enforceability of these Official Rules shall be (1) governed by the laws of the State of Pennsylvania without regard to choice of law or conflict of law principles (whether of the State of Pennsylvania or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Philadelphia; (2) 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 a federal or state court in the Philadelphia; (3) 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 (4) under no circumstances will participant be permitted to obtain awards for, and participant 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.
10. WINNERS LIST: For the name of the Grand Prize winner, mail a self-addressed first class stamped envelope to: Genji, Inc., 1500 JFK Blvd., Suite 725, Philadelphia, PA 19102 by 12/15/09.
SPONSOR: Genji, Inc., 1500 JFK Blvd., Suite 725, Philadelphia, PA