The Big Eat 2011 Scavenger Hunt
Official Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
SPONSOR: The sponsor of the Big Eat 2011 Scavenger Hunt ("Promotion") is McEvoy Media, LLC ("Sponsor"), 59 Grant Ave., Fourth Floor, San Francisco, CA 94108.
PROMOTION DESCRIPTION: The Promotion begins at 12:00:00 a.m. Pacific Time on February 2, 2011 and ends at 11:59:59 p.m. on April 31, 2011 ("End Date"). Entrants in the Promotion will upload their original images of food they have eaten in San Francisco restaurants according to the Big Eat 2011: 100 Things to Try Before You Die list available at TKTKTKTK (the "Promotion Site"). Entrants can also download and use the Foodspotting iPhone app to submit images for the Promotion. Entrants will only be eligible to win if they have not won a previous year’s Promotion with the Sponsors Big Eat feature. The eligible entrant to upload all 100 images for the 100 items first will win the “Grand Prize” (two nights stay at a hotel in Napa, dinner for two and a gift bag, all chosen by Sponsor, totaling approximately $2200.00). If no eligible entrant uploads all 100 images for the 100 items by April 31, 2011, the eligible entrant with the most image uploads for the 100 items will win the “Grand Prize.” The second eligible entrant to upload all 100 images for the 100 items will win the “Runners Up Prize” (four cook books from Chronicle Books). If no eligible entrant has uploaded all 100 images by April 31, 2011, the eligible entrant with the second-most images uploaded for the 100 items will win the “Runners Up Prize.” The third eligible entrant to upload all 100 images for the 100 items will win the “Third Place Prize” (A Can Can Cleanse, $80 total). If no eligible entrant has uploaded all 100 images for the 100 items by April 31, 2011, the eligible entrant with the third-most images uploaded for the 100 items will win the “Third Place Prize.” By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor which shall be final and binding in all respects.
ELIGIBILITY: The Promotion is open only to residents of the 50 United States of America or the District of Columbia who are 18 years of age or older as of their time of entry. Employees of Sponsor, its prize providers and licensors, and each of the foregoing entities' affiliates, authorized designees and other related entities, and any other individual or entity associated with the development, judging, or administration of the Promotion (collectively, the "Promotion Entities"), as well as members of such employees' immediate families (spouses, children, siblings, parents), and persons living in the same household as such persons, whether or not related, are not eligible to participate in the Promotion.
HOW TO ENTER: To enter, go to the Promotion Site, complete the free registration process, and follow the online instructions to upload your original images (each a "Submission") to the Promotion Site for a chance to win. Each Submission that is entered into the Promotion must meet the following "Submission Requirements" (any Submission that, in Sponsor's sole discretion, violates the following criteria will be disqualified): (a) the Submission must be the submitting entrant's original, previously unpublished work and not contain any third party copyrighted material; (b) the entrant should be able to provide upon request all appropriate clearances, permissions, and releases for the Submission (in the event an entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor's sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor's benefit, or allow the applicable Submission to remain in the Promotion); and (c) the Submission must be in an image file format that is compatible with the Promotion Site and, if you use it, the Foodspotting iPhone app so that the image is properly posted on the Promotion Site. Submissions must be received by the End Date. No substitutions of new versions of the Submission will be accepted under any circumstances once the original Submission is submitted for consideration. Any Submission that is considered by Sponsor in its sole and absolute discretion to be obscene, pornographic, libelous, hate speech or otherwise objectionable, in whole or in part, will be disqualified and will not be eligible for entry. All requested information on the Promotion Site must be completed to enter and to be eligible to win. Except as otherwise contemplated in these Official Rules, and to the extent entrants may otherwise elect at the time of entry, personal information collected in connection with the Promotion will be used in accordance with the online privacy policy available at www.7x7.com. Any communication or information transmitted to Sponsor by e-mail or otherwise is and will be treated as non-confidential and non-proprietary. Proof of submission is not considered proof of delivery to or receipt of such entry. Furthermore, Sponsor shall have no liability for any Submission that is not properly posted to the Promotion Site. Sponsor is the official time keeper for the Promotion. All entry information and materials, including any copy of the Submission submitted to Sponsor, become the property of Sponsor and will not be acknowledged or returned.
REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION: Each person who enters the Promotion represents and warrants as follows: (a) the Submission is the entrant's own original and previously unpublished work; (b) the Submission does not contain any harmful computer code and is not otherwise corrupted; (c) as of the date of submission, the Submission is not the subject of any actual or threatened litigation or claim; (d) the Submission does not and will not violate or infringe upon the intellectual property rights, publicity rights, privacy rights, or any other rights of any other person or entity; and (e) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or obscene. Each entrant hereby agrees to indemnify and hold the Promotion Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the covenants, representations and warranties of entrant hereunder.
GRANT OF RIGHTS: By submitting any Submission in connection with the Promotion, each entrant into the Promotion hereby (a) irrevocably grants to Sponsor and its affiliates, and their respective successors and assigns, a non-exclusive, transferable, fully-paid, royalty-free, worldwide, perpetual, license, to use such Submission in connection with the Promotion in any media, including, without limitation, in advertising, marketing, and publicity for the Promotion through any 7x7 media properties, such as www.7x7.com and the 7x7 magazine; and (b) agrees to execute all further documents respecting such Submission requested by Sponsor, including any further license, in order for Sponsor to use such Submission. For clarity, Sponsor has the right (but not the obligation) to use any Submissions.
PRIZES/SELECTION CRITERIA:
Grand Prize: The eligible entrant to upload all 100 images for the 100 items first will win the “Grand Prize” (two nights stay in Napa, dinner for two and a gift bag, chosen by Sponsor). The approximate retail value of the Grand Prize is $2,200. If no eligible entrant uploads all 100 images for the 100 items by April 31, 2011, the eligible entrant with the most image uploads for the 100 items will win the “Grand Prize.” Runners Up Prize: The second eligible entrant to upload all 100 images for the 100 items will win the “Runners Up Prize” (four cook books from Chronicle Books). If no eligible entrant has uploaded all 100 images by April 31, 2011, the eligible entrant with the second-most images uploaded for the 100 items will win the Runners Up Prize. The approximate retail value of the Runners Up Prize is $200. Third Place Prize: The third eligible entrant to upload all 100 images for the 100 items will win the “Third Place Prize” (A Can Can Cleanse and gift bag). If no eligible entrant has uploaded all 100 images for the 100 items by April 31, 2011, the eligible entrant with the third-most images uploaded for the 100 items will win the Third Place Prize. The approximate retail value of the Third Place Prize is $80. By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor which shall be final and binding in all respects.
general prize conditions: All results of the selection are final and binding, subject to these Official Rules. In the event a entry is discovered to be invalid for any reason whatsoever or the person who submitted the entry fails to comply with these Official Rules prior to delivery of the prize, the prize may be forfeited and awarded to an alternate winner. No more than the advertised number of prizes will be awarded. Prizes will be delivered only to an address in the United States. No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value, in whole or in part, for any reason. THE WINNER IS RESPONSIBLE FOR REPORTING AND PAYING ANY INCOME TAXES OR OTHER TAXES THAT MAY APPLY TO ACCEPTING A PRIZE; SPONSOR IS NOT RESPONSIBLE FOR AND WILL NOT PAY ANY SUCH TAXES.
DATES AND DEADLINES/ANTICIPATED NUMBER OF ENTRANTS: Because of the unique nature and scope of the Promotion, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any dates or deadlines set forth in these Official Rules or otherwise governing the Promotion. Many will enter, only three (3) will win prizes. Sponsor cannot accurately predict the number of entrants who will participate in the Promotion.
NOTICE TO WINNERS: Attempts to notify potential winners will be made using the e-mail address provided at entry. Sponsor is not responsible for e-mail or other communication problems of any kind. If, despite reasonable efforts, a potential winner does not respond within two (2) days of the first notification attempt (or such shorter time as exigencies may require), or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected.
FURTHER DOCUMENTATION: If Sponsor elects to secure Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor's request.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants agree that the Promotion Entities (a) shall not be responsible or liable for any losses, damages, or injuries of any kind (including death) resulting from participation in the Promotion or any Promotion-related activity, or from entrants' acceptance, receipt, possession, use, or misuse of any prize, and (b) have not made any warranty, representation, or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, regarding such prize's quality or fitness for a particular purpose. Entrants will indemnify, defend, and hold harmless the Promotion Entities from and against all third party claims arising from or relating to entrant's participation in the Promotion. Sponsor assumes no responsibility for any damage to an entrant's computer system which is occasioned by accessing Promotion-related websites or participating in the Promotion, or for any computer system, phone line, hardware, software, or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, postage-due, damaged, or stolen entries or prize notifications; or for lost, interrupted, inaccessible, or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Promotion or Promotion-related websites, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or to annoy, abuse, threaten, or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event an insufficient number of eligible entries are received or Sponsor is prevented from awarding prize(s) or continuing with the Promotion as contemplated herein by any event beyond its control, including, without limitation, fire, flood, natural or man-made epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), Sponsor shall have the right to modify, suspend, or terminate the Promotion. If the Promotion is terminated for Force Majeure before the designated End Date, Sponsor will (if possible) select winners from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with the law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that 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.
PUBLICITY RELEASE: By participating in the Promotion, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in the Promotion, each entrant irrevocably grants the Promotion Entities and their respective successors, assigns, and licensees, the right to use such entrant's name, likeness, and responses to registration questions in any and all media for any purpose, including, without limitation, advertising and promotional purposes as well as in, on or in connection with the Promotion and hereby releases the Promotion Entities from any liability with respect thereto.
GOVERNING LAW/JURISDICTION: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules or the rights and obligations of entrants and Sponsor in connection with the Promotion shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of laws rules or provisions. Any legal claims arising from or relating to the Promotion or these Official Rules must be brought in the federal or state courts located in San Francisco, California.
WINNERS LIST/OFFICIAL RULES: To obtain any legally-required winners list (after the conclusion of the Promotion) or a copy of these Official Rules, send a self-addressed envelope with the proper postage affixed to: McEvoy Media, LLC, Attn: the Big Eat 2011 Scavenger Hunt, 59 Grant Ave., Fourth Floor, San Francisco, CA 94108. Please specify "winners list" or "Official Rules" and the name of the Promotion in your request.
