Official Rules
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Ariel Knutson
Aug 3, 2015

SUMMER TOMATO CONTEST

OFFICIAL RULES

NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.

NO PURCHASE NECESSARY TO ENTER OR WIN IN THE SUMMER TOMATO CONTEST (THE "CONTEST"). THE CONTEST IS INTENDED FOR VIEWING AND PLAY IN THE CONTINENTAL UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. THE CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM.

Entry into the Contest constitutes your acceptance of these Official Rules.

CONTEST ENTRY DATES: The Contest begins August 1, 2015, at 10:00 AM Eastern Time (“ET”) and all entries must be submitted by August 31, 2015, at 11:59 PM ET (the "Contest Entry Period"). Sponsor’s computer is the official time-keeping device for the Contest.

WHO MAY ENTER: The Contest is open to all legal residents of the 50 United States and the District of Columbia, 18 years of age and older and of the age of majority in their jurisdiction of residence, who have an active Instagram account (“Entrant”). To become a registered user of Instagram, please visitwww.instagram.com

Employees and their immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they reside, or those living in the same households, whether or not related) of the Contest Parties (as defined below) and their affiliates, subsidiaries, prize suppliers, distributors and advertising and promotion agencies are not eligible to enter the Contest.

CONTEST ADMINISTRATOR/SPONSOR: The Kitchn (the “Sponsor”).

PRIZE PROVIDER: Staub (the Prize Provider).

CONTEST OBJECTIVE/ENTRY: The objective is to take a photo of tomatoes, upload the photo to Instagram with the hashtag #thekitchn and #summertomatocontest (”hashtag”), and follow @thekitchn and @staub_usa on Instagram. A finalist will be chosen each week of the Contest. The winners will be selected by the Engagement Editor, Ariel Knutson ("editor") based on content, relevance, and composition.

HOW TO ENTER: During the Contest Entry Period, Entrants should tag their photo on Instagram using the Hashtag. They should also follow @thekitchn and @staub_usa on Instagram. Multiple entries allowed. Mass Entries or Entries generated by a script, macro or use of automated devices will be disqualified. For purposes of these Official Rules, "receipt" of an Entry occurs when Sponsor’s servers record the Entry information resulting from an Entrant posting to Instagram. Once an Entry has been submitted, it may not be changed, altered or modified.

By submitting an Entry, an Entrant hereby grants permission for his/her Entry to be posted on www.TheKitchn.com in perpetuity for viewing by visitors to the website. Released Parties (as defined below) are not responsible for any unauthorized use of any Entry by third parties. Sponsor does not guarantee the posting of any Entry. By submitting an Entry, you represent and warrant that you either own or otherwise control all rights necessary for you to submit that Entry. Without limiting the foregoing, you shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights or any other harm resulting from any Entry by you to or through this website.

Each Entry must (i) consist of one photograph of the Entrant’s kitchen and (ii) must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. Previously published material may be entered as long as Entrant still maintains the right to grant Sponsor the license granted pursuant to these Official Rules (see “Assignment of Rights” below). If an Entry contains any material or elements that are not owned by the Entrant and/or which are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules.

To be eligible for the Contest, an Entry may not:

  • include photos with watermarks or other overlaid text or images;
  • be inappropriate, offensive or obscene or endorse any form of hate or hate group(s);
  • defame, misrepresent or contain disparaging remarks about other products, people or companies;
  • contain any personal identification such as personal names, e-mail addresses or street addresses;
  • infringe any copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media);
  • contain materials embodying the names, likenesses, photographs or other indicia identifying any person, living or dead, without permission;
  • communicate messages or images inconsistent with the positive image and/or goodwill to which Sponsor wishes to associate; and
  • depict or be in violation of any law.
  • Sponsor reserves the right to disqualify any Entry for any reason in its sole discretion.

    SELECTION OF WINNERS:

    Each day one winner will be selected by Engagement Editor Ariel Knutson based on content, relevancy, and composition. The Contest duration is 31 days with 1 winner per week. Judging will be based on the following criteria: (i) relevancy – 20%; (ii) photo quality – 20%; and (iii) originality and photo composition – 60%. Each Entry will be given a numeric score by the Editor. The one Entry each week that receives the highest Score will become a Winner. All decisions of the Editor are final and binding on all matters.

    WINNER NOTIFICATION: Winners will be notified on or about 1pm ET on the Monday after the Winner is decided and will be contacted by direct message on Instagram. Winner must respond within 48 hours from the time Sponsor sends notification to the Winner or he/she will be disqualified. In the sole discretion of Sponsor, a Winner may be disqualified for any of the following reasons: (i) if Sponsor believes that such Entrant has (x) tampered with the entry or voting process or has undermined the legitimate operation of the Contest by cheating, hacking, deception or other unfair practices, or (y) engaged in conduct that annoys, abuses, threatens or harasses any other Entrant, or any representative of the Contest Parties; or (ii) if such Entrant is not eligible based on the eligibility requirements set forth in these Official Rules. In the event it is determined that a Winner has not complied with these Official Rules, has failed to execute and return any required documents within the specified time period, has made false statements or a prize notification is returned as undeliverable, then such Winner will be disqualified. Should any Winner make any false statements in any document required by Sponsor or the Prize Providers, such Winner will be disqualified and required to promptly return to Sponsor his/her prize.

    PRIZES AND APPROXIMATE RETAIL VALUE: Four (4) prize packages will be distributed. Prize package includes one (1) Staub Cast Iron 3-qt Tomato Cocotte, retail value $357. Total Maximum Approximate Retail Value (“ARV”) of all prizes not to exceed: $1300.

    No substitution, transfer or cash equivalent is permitted. Winners are solely responsible for all federal, state, and local taxes and other fees, costs and expenses associated with prize receipt, regardless of whether the prize is used in whole or in part. All prize details are at the sole discretion of Sponsor.

    Prizes are awarded "as is" with no warranty or guarantee, either express or implied, by Sponsor. A Winner is not a recipient of a prize package until he/she has been verified as a Winner by Sponsor. Upon delivery/payment of a prize package, Sponsor will be deemed to have awarded the prize package to the Winner and such Winner assumes full responsibility for the prize package.

    GENERAL CONDITIONS: Winning constitutes permission (except where prohibited by law) to use the Entrant's Entry, name, hometown, likeness, prize package won and photograph (all in Sponsor's sole discretion) for future advertising and/or publicity in any and all media now or hereafter devised throughout the world in perpetuity, without additional compensation, notification or permission. Instagram, as well as the Contest Parties and their respective officers, directors, agents, representatives and employees (collectively, the "Released Parties") are not responsible for lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, incomplete or delayed Entries, all of which will be void. The Released Parties are also not responsible for problems uploading or downloading any Contest related information or materials from the website or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, computer hardware or software failures, phone lines, failure of any Entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the website, or for any other technical problems including, without limitation, telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an Entrant's ability to participate in the Contest. The Released Parties are not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with the Contest, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Contest, the processing or judging of Entries, the announcement of the prize packages or in any Contest related materials. Sponsor reserves the right to modify, suspend or terminate the Contest in the event it becomes infected by a computer virus or is otherwise technically impaired, and to cancel or suspend the Contest in its entirety should tampering, unauthorized intervention, fraud, technical failures or other causes corrupt the administration, security, fairness, integrity or proper play of the Contest and, if terminated, in Sponsor’s sole discretion, determine the Winners using all non-suspect, eligible Entries received up to the time of cancellation using the judging procedure outlined above. In the event of a dispute regarding Entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of receipt of the Entry will be deemed to be the Entrant and must comply with these Official Rules. An authorized subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider or other organization responsible for assigning e-mail addresses. Sponsor reserves the right, in its sole discretion, to disqualify any individual (and void his/her Entry) found to be tampering with the Entry process or the operation of the Contest or website, intending to annoy, abuse, threaten or harass any other Entrant, Sponsor, any Contest Party or any of their respective representatives or to otherwise be acting in violation of these Official Rules.

    Any attempt by AN Entrant to deliberately damage any website or undermine the legitimate operations of the Contest is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek damages OR OTHER REMEDIES from any such Entrant to the fullest extent permitted by law and to disqualify such Entrant from the Contest.

    ASSIGNMENT OF RIGHTS: Each Entrant hereby acknowledges that he/she shall retain ownership of the Entry and irrevocably and exclusively grants to Sponsor and Prize Providers, individually or collectively, and their respective designees a non-exclusive, irrevocable, perpetual, unrestricted, world-wide, royalty-free, sub-licensable and transferable license to use, reproduce, adapt, transmit, distribute, prepare derivative works of, and display and perform publicly the Entry in any media now known or later developed, including, without limitation, the right to resize, crop, censor, compress, edit, feature, caption, affix logos to and to otherwise alter or make use of the submitted photographs. By submitting an Entry, Entrant acknowledges and agrees that Sponsor may obtain many submissions under the Contest and that such Entries may be similar or identical in theme, idea, format or other respects to others submitted under the Contest and/or other contests staged and/or sponsored by Sponsor and/or the Prize Providers, and waives any and all claims Entrant may have had, may have, and/or may have in the future, that any composition, photograph and/or other works accepted, reviewed and/or used by Sponsor (or its designees) may be similar to his/her Entry. Entrant acknowledges and agrees that no Contest Party or its designees has now, nor shall any of them 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 Entrant's Entry.

    MISCELLANEOUS CONDITIONS: By participating in the Contest, Entrant agrees to be bound by (i) these Official Rules, including all eligibility requirements, and (ii) the decisions of Sponsor and its Editors and Judges, which decisions will be made in the sole discretion of Sponsor and/or its Editors/Judges and are final and binding in all matters relating to the Contest. Failure to comply with these Official Rules may result in disqualification from the Contest in the sole discretion of Sponsor. Sponsor reserves the right to permanently disqualify any person it believes has intentionally violated these Official Rules. The Contest shall be subject to all applicable federal, state and local laws and regulations and shall be expressly void where prohibited by law.

    RELEASES: By entering the Contest, Entrant agrees to release and hold harmless the Released Parties from all claims, liabilities or damages caused or claimed to be caused, in whole or in part, directly or indirectly, in connection with participation in this Contest or acceptance or use of any prize package or the substitution of any prize package by Sponsor in accordance with these Official Rules, the administration of the Contest, the operation of the web site or the Released Parties' use of any of the rights granted herein. The Released Parties assume no responsibility for the conduct of any Entrant.

    PRIVACY: By participating in this Contest, Entrant agrees to Sponsor’s use of his/her personal information for both on-line and off-line direct marketing purposes. For details, please go to the Privacy Policy Statement at www.thekitchn.com/main/privacy. For Staub’s Privacy Policy Statement, please visit www.zwillingonline.com/tandc.html.

    ARBITRATION AND CHOICE OF LAW: Except where prohibited by law, as a condition of participating in the Contest, Entrant agrees that: (i) any and all disputes and causes of action arising out of or connected with the Contest, or any prize packages awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office located in New York City; (ii) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (iii) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Entrant's actual out-of-pocket expenses (i.e., costs associated with entering the Contest), and Entrant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of contestants and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of New York without regard to New York choice of law rules.

    WINNERS LIST: If you would like the Winners' names (available after September 1, 2015), please send a self-addressed stamped envelope by October 1, 2015 to: Summer Tomato Contest, Contest Winner, The Kitchn, 270 Lafayette Street, Suite 1204, New York, New York 10012. Any questions, comments or complaints regarding the Contest should be directed to Sponsor at ashley@apartmenttherapy.com.

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