NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.
1.Competition/Competition Period: These are the official rules governing Creative Content Competitions (each a “Competition” and, together, the “Competitions”) sponsored by Bistro MD, LLC (“Bistro MD”). Your submission of entry materials to the Competitions in any format, whether in writing, email, video or other medium (the "Materials") indicates your agreement to be bound by the following terms and conditions. You are submitting entry materials to the Competition in consideration for the opportunity to have your Materials reviewed by Bistro MD. The Competition Period begins and ends as set forth in the Competition Details.
2.Eligibility: The Competition is offered only in the United States to legal residents of the 50 United States (and the District of Columbia), who enter the Competition (as described in paragraph 3 below) and are aged 18 or older (as of the submission date). Employees of Bistro MD, LLC (“Sponsor”) and their respective sponsors, affiliates, subsidiaries, officers, directors, shareholders, members, agents and advisors, and all others associated with the development and the execution of this Competition, and the immediate family or members of the households of each, whether or not related (collectively, “Competition Entities”) are not eligible. The Competition is subject to all federal, state, and local laws and void where prohibited or restricted by law. By entering the Competition, an entrant agrees to be bound by all of the Official Competition Rules.
3.Prize: The prize consists of a monetary payment as described in the Competition Details. Any and all taxes on the prize are the responsibility of the winner. If the prize is won by a minor, the minor will be disqualified as a entrant must be 18 years of age or older to enter the Competition.
4. Entry: There are two (2) ways to enter the Competition.
(i) Entries: To enter, log on during the Competition Period to Sponsor’s website located at www.bistromd.com (the "Web Site") and click on links to enter the Competitive Content Competitions or send your submission via email to Contest@bistromd.com. LIMIT ONE (1) ENTRY PER EMAIL ADDRESS.
(ii) For All Entries: All entries must be made electronically by 04:59:59 p.m. EST and received by 5:00 p.m. EST on the last day of the Competition Period. Sponsor's computer will be the official clock of the Competition. Any attempt at entry except as set forth herein is void.
(iii) Disqualification: Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Competition or the Web Site; to be acting in violation of the Official Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, macro, automatic, programmed or the like entry methods will void all such entries by such methods. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to enter the Competition at the actual time of registration will be deemed to be the entrant and must comply with these rules. Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, online service provider or other organization, which is responsible for assigning email addresses for the domain associated with the submitted email address. Potential winner may be required to provide Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the potentially winning entry. Sponsor may prosecute any fraudulent activities to the full extent of the law.
5.Winner Selection: One (1) winner will receive each prize described in the Competition Details. The winner will not receive any reimbursements of any kind related to the winner(s) submission. Odds of winning will depend on the total number of eligible entries received during the Competition Period. For each Competition, a panel of judges will be appointed by Sponsor to review the Materials submitted and select potential winners based on the criteria set forth in the Competition Details.
6.Winner Notification/Releases: Winner will be notified by email. The winner will have 48 hours from the moment such notification is issued to respond to such notification by following the instructions provided therein. If a potential winner timely responds to such notification, the potential winner will be required to sign, notarize and return an Affidavit Of Eligibility/Liability and Publicity Release within 48 hours of notification or prize will be forfeited and an alternate winner selected. Return of any prize notification as undeliverable will result in disqualification and selection of an alternate winner. If a potential winner does not reply to the notification within 48 hours of its issuance, is ineligible, or cannot or does not comply with the Official Rules, the potential winner will be disqualified, the prize will be forfeited and an alternate winner may be selected, at Sponsor's discretion. The Affidavit of Eligibility/Liability and Publicity Release will include an assignment form; a release form from any identifiable persons in your Materials; and a release form from you warranting your adherence to these rules and permitting the use of your name and likeness in connection with the Materials and the Competition. If selected as a potential winner, you agree that you will execute the documents in the form presented by Bistro MD and will assign all rights in the Materials on the terms and for the prize amounts stated in the Competition Details. Failure to execute any documents reasonably required by Bistro MD will result in you not being selected as a final winner. If you are not contacted by Bistro MD as a potential winner within 60 days of the close of the Competition, your Materials submitted are deemed not to have been selected. Submitted Materials will not be returned. Bistro MD has no obligation to furnish you with any information regarding the results or the reasons for not proceeding further. By entering, entrants agree (i) to be bound by these Official Rules and Sponsor's Privacy Policy, as posted on the Website; (ii) that the decisions of the judges are final and binding on all matters relating to the Competition; (iii) to be contacted by Sponsor by email; and (iv) to release and hold harmless Bistro MD and its respective parents, subsidiaries, affiliates, distributors, suppliers, judges, advertising and promotional organizations, and each of their respective employees, officers, directors, members, shareholders and agents (collectively, the "Releasees") from and against any and all liability for injuries and/or damages (including death) sustained in connection with (i) use and/or misuse of a prize; (ii) use or misuse of the Materials; or (iii) participation in the Competition. Except where prohibited by law, by accepting a prize, the winner consents to the use of his or her name, voice, picture or other likeness for advertising, promotional and other purposes in any media as determined by Sponsor without further approval or compensation.
7.Limitations of Liability: The Releasees are not responsible for any lost, late, illegible, misdirected, mutilated, incomplete, incorrect or inaccurate entries or entry information, whether caused by Website users or by any of the equipment, computer hardware or software or any other technical operation or programming associated with or utilized in the Competition, and the Releasees assume no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission at the Website, or for communications line failure, or for theft or destruction, tampering, or unauthorized access to entries and/or entry information. If, for any reason, the Competition is not capable of running as planned by reason of infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, tampering, technical failures, or any other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Competition, Sponsor reserves the right at its sole discretion to void suspect entries and/or to cancel, terminate, modify or suspend the Competition and select the winner from among all eligible entries received prior to such cancellation, termination or suspension. IN NO EVENT WILL THE RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE COMPETITIONS OR A USERS ACCESS TO AND USE OF THE WEBSITE.
8. Warranty. You represent and warrant that (i) you are at least 18 years of age; (ii) the Materials are original to you and you are the sole owner, creator, inventor or author of the Materials; (iii) use by Bistro MD of the Materials, in any manner, will not infringe the rights of any third parties (including, but not limited to, copyright, trademark, rights of likeness and rights of publicity), and you have all rights and permissions necessary for use of the Materials; and (iv) you have full right and authorization to submit the Materials and that no other person or entity has or shall have any right, title or interest in or to the Materials.
9.Arbitration/Choice of Law: Except where prohibited, entrants agree that (i): any and all disputes, claims, and causes of action arising out of or connected with this Competition, or any prize awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Competition but in no event attorney's fees; and (iii) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Releases in connection with the Competition, shall be governed by, and construed in accordance with, the laws of the State of Florida, U.S.A., without regard for conflicts of law doctrine, and all proceedings shall take place in that State, in the County of Collier .
10.Use of Materials. By submitting Materials to a Competition, you agree that Bistro MD may reproduce and show, display and transmit in physical or digital form your name and likeness and any Materials, whether your Materials are selected as a winner, potential winner or not selected, in connection with the Competition for which the Materials were submitted or for any other Competition in order to promote, market, explain or discuss the Competitions. Bistro MD reserves the right to revise, adjust or modify the Materials (including text and images) in any manner at its discretion. All Materials you submit for consideration in the Competitions, whether text or images, becomes the property of Bistro MD and may be reproduced, modified and distributed in any medium including, without limitation, books, magazines, television, home video, DVD, motion pictures, blogs, websites, mobile services, products or any other commercial promotion, for any purpose and in perpetuity, without compensating you in any way and without right of attribution or credit. Further, you understand that by submitting Materials to the Competitions, you are granting to Bistro MD, its partners, vendors, production companies, and programming and content distributors, and anyone else authorized by Bistro MD, and its affiliates, licensees, successors and assigns of same (the “Bistro MD Parties”), a non-exclusive, perpetual, royalty-free, fully paid up, irrevocable, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform the Materials submitted, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such submission including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant Bistro MD, and anyone authorized by Bistro MD, the right to identify you as the author of your Materials by name, email address or screen name, as Bistro MD deems appropriate without any obligation by Bistro MD. You represent and warrant that any submission will be wholly owned by, and original to, you and that no consent or the approval of any other person or entity will be required for you to assign the rights to Bistro MD as contemplated herein. If you do not wish to grant Bistro MD such rights, do not make submissions to the Competitions, particularly any information you consider to be confidential or original creative material. If you make submissions to the Competitions, you agree to grant to Bistro MD and its affiliates all rights described herein. Bistro MD has the right to reject any submissions and you acknowledge that Bistro MD may have similar materials. By submitting Materials to the Competitions, you waive all right to any Materials. You acknowledge and agree that you shall not be entitled to share in any revenue that the Bistro MD Parties may or may not earn or generate through its use of your Materials.
11. Rights to Video Submissions. If you submit Video Submissions (as defined below) to the Competitions, the following addition rules shall apply. You hereby grant to the Bistro MD Parties a non-exclusive, perpetual, royalty-free, fully paid up, irrevocable, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform your Video Submission, as well as your name, voice, likeness and appearance therein (if any) and the personally identifying information you provide on or in connection therewith (collectively, the “Video Submission”). You acknowledge and agree that you shall not be entitled to share in any revenue that the Bistro MD Parties may or may not earn or generate through its use of your Video Submission.
12. Winner's Name: To request a copy of the Official Rules, or to obtain a list of Competition winners, send a self-addressed, stamped envelope to Bistro MD, LLC, Attn: Creative Content Competitions, 2600 Northbrooke Plaza Drive, Ste. 200, Naples, Florida 34119.
Sponsored by: Bistro MD, LLC
© 2009. Bistro MD, LLC. All rights reserved.
Enter Now!