NWCherries “Next Great Chef” Contest Official Rules

By entering the NWCherries “Next Great Chef” Contest (the “Contest”) you, and your parent orguardian if you’re a minor, agree to be bound by these Official Rules and the decisions of
NWCherries and its agents relating to the Contest.
 
In these rules, “we,” “our,”“us,” and “NWC” mean Northwest Cherry Growers., the sponsor of the Contest. “You,” “yourself,” “I,” “me,” and “my” mean you.
 
1. CONTEST DESCRIPTION:
This is a skill-based Contest. The object of the Contest is to create an original video
commercial using one or more NWC in a fun, safe way. Each video you create and
submit in the Contest is called a “Video Entry.” Your Video Entry may be posted on the
Contest web site or other NWC web sites and social media for public viewing and comments. All eligible Video Entries received will be judged using the criteria in Paragraph 8, and the judges will select one person who will receive the Grand Prize described below in Paragraph 9.
 
2. What are the start and end dates?
During the Contest there are a series of Contest-related events on or about the dates and
times noted below. Video Entries must be received during the Entry Period to be eligible.
 
EVENT ENTRY PERIOD
June 15, 2010 at 9:00:00 a.m. PST to August 15, 2010 at 11:59:59 p.m. PST
 
GRAND PRIZE WINNER ANNOUNCED No later than September 2, 2010
 
3. Are you eligible to enter?
You are eligible to enter this Contest if you meet all of the following requirements:
• You are a legal resident of the 50 United States and the District of Columbia and you are 5 (five) years old or older when you enter; and
• You are NOT an employee of Northwest Cherries or the Washington State Fruit Commission; and
• You have NOT been charged with or convicted of any crime (felony or misdemeanor)
that NWC concludes, in its sole discretion, calls into question your character or moral
fitness.
• You are NOT involved in the administration and execution of this Contest; and
• You are NOT an immediate family (parent, sibling, spouse, child) or household member
of a NWC or Washington State Fruit Commission employee, or of a person involved in the administration and execution of this Contest.
This Contest is void outside the geographic area described above and where prohibited by
law.
 
4. What if I’m under 18?
If you are under 18, you are considered to be a “minor” and must have your parent’s or legal
guardian’s permission before you submit a Video Entry. If you are a minor, your parent or legal
guardian must agree, on your behalf and on his/her own behalf, to follow and be bound by
these Official Rules before you can submit a Video Entry in the Contest. Remember that you
must be at least 5 (five) years old to submit a Video Entry in the Contest even if you have your parent’s or
legal guardian’s permission.
 
5. What makes an eligible entry?
 
To be eligible for judging a Video Entry must meet the all of the following requirements:
• The video should be your best NWC cooking video which must be no more than 3 (three) minutes long, and must include at least one variety of Northwest Cherries (cherries grown from the contributing NWC states of Utah, Idaho, Oregon, Washington). Varieties include the Bing, Chelan, Tieton, Rainier, Lapin, Skeena, or Sweetheart cherry.
• Your Video Entry may not contain any personally identifiable information (for example,
your Video Entry must not include your name, address or e-mail address).
• Other than Northwest Cherries identifiable branding, your Video Entry may not contain any identifiable cherry information (for example cherries from another state or grower conglomerate).
• Your Video Entry must be your own original work. DO NOT COPY ANYONE ELSE’S WORK.
• You must obtain and keep on file a signed Video Entry Release from every person who
appears in your Video Entry. You can download and print copies of the Video Entry
Release form here. If a person appearing in your Video Entry is under 18, you must
have written permission from the person’s parent or legal guardian. Anyone appearing
in a video must be at least 5 (five) years old (this contest is for K-12 students on camera).
• Your Video Entry must not use the trademarks, music, logos, names or images of any
person or company without written permission, or otherwise violate the rights of any
person or company.
• Your Video Entry must comply with the NWC GUIDELINES, which are made part of these Official Rules by reference.
• Your Video Entry cannot have been entered in any other contest or previously published
elsewhere. This includes websites such as www.youtube.com. You may enter the contest once.
 
 
6. How can my Video Entry be used?
 
After you submit your Video Entry, generally speaking, it belongs to NWC and you are giving
NWC the right to control how and where the Video Entry is used. By submitting your Video
Entry, you (or, if you are a minor, your parent or legal guardian):
• Are granting us an irrevocable, royalty-free, worldwide right and license to: (i) use,
review, and analyze your Video Entry and its content in connection with this Contest;
(ii) post your entry on the Contest web site or any other NWC web site; (ii) edit your
Video Entry and use your Video Entry and its content, in their original form or as
modified or reshot by NWC in its sole discretion, in advertising and publicity
materials in all media in perpetuity;
• Agree to sign any documentation that we may require to allow us to use the rights you
granted above;
• Acknowledge that we may have developed or commissioned materials similar or
identical to your Video Entry and you waive any claims you may have resulting from any
similarities to your Video Entry;
• Acknowledge that we cannot control the information you will disclose to our employees
and representatives, or what our employees and representatives will remember about
your Video Entry. By entering this Contest, you agree that NWC’s use of information
in our employees’ and representatives’ unaided memories in the development or
delivery of our products does not create liability for us under this agreement or under
copyright, trade secret or other law;
• Understand and acknowledge that you will not receive any compensation or credit for
use of your entry, other than what is described in these Official Rules.
Your entry, or any part of it, and your name may be posted on web sites selected by us for
viewing by visitors to those web sites. We may or may not edit or alter your video or add
commentary to your video, and you agree that you have no right to review or approve any
changes. We are not responsible for any unauthorized use of your Video Entry by visitors to
these web sites. We are not obligated to use your Video Entry for any purpose, even if it has
been selected as the winning entry.
 
IF YOU OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN, DO NOT
WANT TO GRANT US THESE RIGHTS TO YOUR VIDEO ENTRY AND ITS CONTENTS,
PLEASE DO NOT ENTER THIS CONTEST.
 
7. How do you submit your Video Entry?
 
To submit your Video Entry go to nwcherries.com and complete the registration form.
Follow the instructions to upload the registration form and your video. Remember, if you’re
under age 18 you need your parent’s or guardian’s permission to enter.
 
We will only accept one entry per person and email address. We are not
responsible for Video Entries that we do not receive for any reason, or for Video Entries that
we receive that aren’t complete or usable for any reason including technical error. Once your
entry is submitted, you can’t change it.
 
We will disqualify any incomplete or illegible entry. If you try to enter more than five times in
total (or more than once per calendar month), any additional entries will be disqualified.
 
8. How will Video Entries be judged?
 
Selection of Grand Prize Winner by Northwest Cherries:
Each eligible Finalist Video Entry will be judged by NWC and its representatives using the following criteria to determine the Grand Prize Winner: (a) Creativity in recipe (up to 33.33 points), (b) Compelling demonstration, explanation and use of Northwest Cherries product(s) (up to 33.33 points) and (c) Level of NWC enthusiasm (up to 33.33 points).
.
Grand Prize Winner (if 18 years of age or older) or the parent or legal guardian of a Grand
Prize Winner (if under the age of 18) will be notified on or about September 2, 2010.
 
In the event of a tie, the winning Video Entry will be the Video Entry (among tied Video Entries) with the higher/highest score in Compelling demonstration of NWC product(s) and if there is still a tie, the tied Video Entries will be re-judged by NWC based on the above criteria in this Paragraph 8.
 
9. What’s the prize?
There is one (1) Grand Prize: A $2,010 “royalty fee” to be awarded in the form of a check or Visa gift card.
 
The winning Video Entry may be aired, in its original form or as edited, modified, or re-created
in NWC’s absolute discretion, as part of NWC’s publicity and marketing, but airing or
other use of the winning Video Entry is not guaranteed.
 
If a winner is under the age of 18, the prize will be awarded to the winner’s parent or legal
guardian on condition that the parent or legal guardian assumes all responsibilities and
obligations of winner. All taxes are the sole responsibility of the winner (if 18 years of age or
older) or parent or legal guardian of winner (if winner is under the age of 18). If the prize is not
accepted the prize will be forfeited and awarded to an alternate winner (i.e., the Finalist with
the next highest score in the Stage Four Judging). Whether or not the winning Video Entry is
used as a commercial will be at the sole discretion of NWC and airing of the winning Video
Entry has no monetary value. If for any reason Sponsor does not award this component of the
Grand Prize, Sponsor’s only obligation will be to provide winner with $2,010. Should video not
be included in the final materials created for NWC publicity or marketing, Sponsor
shall not have any liability. The Grand Prize winner has no right of review or approval of use of
video (should Sponsor use video). The Grand Prize winner will not receive any compensation (other than $2,010 component of Grand Prize) in conjunction with possible use of video. The Grand Prize winner (if a minor, his/her parent or legal guardian) must sign any and all additional documents relative to use of video, at Sponsor’s request. If used, Sponsor shall determine in their sole discretion if the video is attributed to Grand Prize winner and, if it is so attributed, the duration, context and content of any attribution notice shall be at the sole discretion of Sponsor.
 
10. How will you know if you’re the Grand Prize winner?
 
Not later than September 2, 2010 NWC will complete judging and the potential Grand
Prize winner will be determined based on the criteria stated above.
 
If you are the potential Grand Prize winner, we will notify you by sending a message to the
email address, the phone number, or mailing address (if any) listed on your entry form within
seven (7) days following the selection. If the notification that we send is returned as
undeliverable, or you are otherwise unreachable for any reason, you will be disqualified and
we will award the prize to an alternate selected winner.
 
If there is a dispute as to who is a potential Finalist, we will consider the potential Finalist to be
the authorized account holder of the email address used to enter the Contest.
 
If you are the potential Grand Prize winner, we may require you to sign an affidavit of eligibility,
liability/publicity release and W-9 form. If you do not sign and return these required forms
within the time period listed on the winner notification message, we may disqualify you and
award the prize to an alternate selected winner.
 
11. What other conditions are you are agreeing to by entering this Contest?
 
By entering this Contest you (and your parent or legal guardian if you are a minor) agree:
• To abide by these Official Rules and that NWC’s decisions, including all decisions
interpreting and administering these Official Rules, will be final and binding on all
matters related to this Contest;
• To the extent allowed by law, to release and hold harmless NWC, its employees and
agents from any and all liability or any injury, loss or damage of any kind arising from or
in connection with this Contest or the prize;
• By entering, you or your parent or legal guardian if you are under 18, represent and
warrant that your Video Entry (i) is your original creation and has not been copied from any other work; (ii) does not violate the intellectual property rights (including trademark and copyright rights) of any person or entity; and (iii) hasn’t been submitted in any other competition or previously published (including on any website). By entering, you or your parent or legal guardian if you are under 18, agree to indemnify, release and hold harmless NWC and its
agencies for any breach (that is, violation) of these representations and warranties.
• This Contest will be governed by the internal laws of the State of Washington and you
consent to the exclusive jurisdiction of Washington courts (state and federal) for any
disputes arising out of this Contest. You agree that if you sue your recovery be limited
to your actual out-of-pocket costs incurred, including costs associated with entering this
Contest, but you will not be able to recover the cost of attorneys’ fees.
• If NWC doesn’t enforce any part of these Official Rules NWC still has the right to
enforce that part of these Official Rules in the future.
 
12. What if something unexpected happens and the Contest can’t run as planned?
If someone cheats or tampers with the Contest, or a virus, bug, catastrophe, or any other
unforeseen or unexpected event affects the fairness and/or integrity of the Contest, we can
suspend, cancel, modify or terminate the Contest. We can do this whether the problem is due
to human error, technical problems, or other causes. If we can’t find a solution to restore the
integrity of the Contest to our satisfaction, we can select the winner from the eligible Video
Entries received before the event occurred that led us to suspend or terminate the Contest.
 
By entering, you agree that NWC and its agents won’t be liable for errors in Contest-related
materials, and if Contest-related materials aren’t consistent with these Official Rules, these
Official Rules control. You agree that NWC and its agents won’t be liable for technical
failures of any kind, including failed, incomplete, garbled or delayed computer transmissions,
or for any human error in the administration, collection and processing of entries; or for lost or
late, entries, or mail or email; any error, intervention or condition that may cause the Contest to
be disrupted or corrupted, regardless of the cause; or any damage to persons or property
which may be caused, directly or indirectly, from participation in the Contest. If your entry is
erroneously deleted, lost, or corrupted, your sole remedy is to submit another Video Entry, time
permitting.
 
If you attempt to compromise the integrity or the legitimate operation of this Contest by hacking
or by cheating or committing fraud in ANY way, we may seek damages from you to the full
extent permitted by law. We may also ban you from participating in any future NWC
promotion as well as disqualifying you from this Contest, so please play fairly.
 
13. How can you find out who won?
For the First Name, Last Initial, City, State of the Grand Prize winner, go to
www.Nwcherries. com after September 2, 2010.
 
14. Who is sponsoring this Contest?
Northwest Cherries, 105 S. 18th Street, #205 Yakima WA 98901-2149
 
 
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