Terms & Conditions for Zero for Heroes Contest
Chef’s Cut Real Jerky Co. “Zero for Heroes” Contest (“CONTEST”) OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
THE CONTEST IS ONLY OPEN TO LEGAL RESIDENTS OF THE UNITED STATES RESIDING IN THE 48 CONTIGUOUS STATES AND THE DISTRICT OF COLUMBIA WHO ARE 21 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. VOID IN ALASKA, HAWAII, PUERTO RICO, U.S. TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED.
- CONTEST OVERVIEW: The Contest allows eligible participants (each, a “Nominator” and collectively, “Nominators”) to nominate a ‘hero’ in their everyday lives (each, a “Nominee” and collectively, “Nominees”) through a submission form (each, a “Nomination”). Nominators must have Nominee’s permission to nominate Nominee on Nominee’s behalf and provide the Nominee’s information as required below. Nominators must be able to provide proof of such Nominee’s permission upon Sponsor’s request. Entries will be judged by Sponsor to determine the winners. See Rule #6 for judging details. See Rule #4 below for complete details on how to enter the Contest.
Participation in the Contest does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Contest, each Nominator unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Chef’s Cut Real Jerky Co. (“Sponsor”), which shall be final and binding in all respects. This Contest is in no way sponsored, endorsed, or administered by Instagram. Instagram is completely released of all liability by each Nominator and Nominee in this Contest.
- ELIGIBILITY: Nominators and Nominees must be legal residents of the United States who reside in the forty-eight (48) contiguous United States or the District of Columbia and are twenty-one (21) years of age or older as of the date of entry. Employees, officers and directors of Sponsor, their respective parents, subsidiaries, divisions, affiliates, suppliers, printers, distributors and advertising, promotional and judging agencies (collectively, “Sponsor and Promotion Parties”), (and their respective IRS dependents, immediate family members [parents, children, siblings and spouse]) and individuals residing in their same household (whether or not related) are not eligible to participate as Nominators or Nominees or win a prize.
- CONTEST TIMING: The Contest begins at 12:00:00 p.m. Pacific Daylight Time (“PDT”) on January 15, 2021 and ends at 2:59:59 p.m. Pacific Standard Time (“PST”) on April 12, 2021 (“Contest Period”). Each Day begins at 12:00:00 a.m. and ends at 11:59:59 p.m. (PDT/PST, as the case may be) with the exception of the first day of the Contest Period, which shall begin at 12:00:00 p.m. PDT and end at 11:59:59 p.m. PDT and the last day, which shall begin at 12:00:00 a.m. PST and end at 2:59:59 p.m. PST.
- HOW TO ENTER:
To submit a Nomination, during the Contest Period go to @chefscutjerky on Instagram and follow the page, then click on the link to the submission website to be redirected to the Contest website (the “Website”). At the Website: https://chefscutrealjerky.com/pages/zero-for-heros-nomination-program
(a) Complete the submission form with your first name, last name, email address and Instagram handle along with the first name, last name, and email address of the Nominee; and b) follow the on-screen instructions to upload a no more than 1000 character written description of your Nominee (the “Essay”) or your video submission telling us why your Nominee should win (the “Video” and collectively, with the Essay, the “Submission”).
All Nominations must be received by the end of the Contest Period. Sponsor’s computer is the official time keeping device for this Contest. Limit one (1) Nomination per Nominator. Any attempt to submit more than one (1) Nomination, using multiple/different email addresses/social media accounts, identities or any other methods may void that persons’s Nomination(s). Nominations generated by a robotic, programmed, script, macro or other automated means will be disqualified. No other forms of entry are valid other than those set forth above. All Submissions become the property of the Sponsor.
Data rates may apply if entering with a mobile phone or other Web-enabled device. Check with your wireless service provider for details on these and any other applicable charges. Participants are solely responsible for any such wireless charges.
By submitting a Nomination, you agree that the Nomination conforms to these Official Rules and the Nomination Guidelines as described in Rule #5 below, and you agree that the Nomination may be posted on the Website, other Sponsor websites and/or on Social Media.
Select Submissions may be made available for viewing on the Website, Sponsor blogs, Sponsor’s social media pages, search engines, and other online distribution mechanisms for viewing by the general public. Sponsor shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the any Submission for any reason.
- ENTRY GUIDELINES:
Based on Sponsor's sole judgment and discretion, Submissions cannot (a) include or depict anyone eighteen (18) years of age or younger without an Adult present and without the permission of such person’s parent or legal guardian; (b) be sexually explicit or suggestive; threatening; profane; violent; derogatory of any ethnic, racial, gender, religious, professional or age group or sexual orientation; pornographic, contain nudity or any materially dangerous activity; (c) promote alcohol, illegal/prescription drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political or religious agenda or message; (d) be obscene, offensive, or endorse any form of hate or hate group; (e) contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind (other than the Sponsor's), or contain any personal identification (other than as related to the Nominator or Nominee), such as license plate numbers, personal names, email addresses or street addresses; (f) contain 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) without permission; (g) contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission; (h) contain advertising or commercial messages of any kind owned by anyone other than Sponsor; (i) criticize Sponsor or Promotion Parties or their respective officials or any other Nominator or Nominee; (j) contain any recruiting information of any kind; and (k) depict, and cannot itself be in, violation of any law.
By submitting a Nomination you warrant and represent that: (a) it is your original work, (b) it has not been previously published, (c) it has not received previous awards, (d) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) you have obtained permission from each and every person who appears in the Submission (including parental/legal guardian permission for any person under eighteen (18) or whose name or likeness is used in the Submission, if any, and (f) publication of the Nomination via various media including Sponsor’s website(s) and social media channels will not infringe on the rights of any third party rights. Any such Nominator will defend, indemnify and hold harmless, Sponsor and Promotion Parties from any claims to the contrary. Any Nominator whose Submission includes likenesses of third parties or contains elements not owned by the Nominator (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such Submission, in a form satisfactory to Sponsor, upon request, prior to naming of Nominee as a winner. Any Submission that, in the sole opinion of the Sponsor, is deemed to be inappropriate for publication is ineligible.
- CONTEST JUDGING - PRIZE WINNER DETERMINATION: Nominations will be judged by representatives of Sponsor, whose decisions are final and binding in all matters relating to this Contest. Nominations will be judged on the following criteria (“Judging Criteria”): (a) 50% Hero’s Story; (b) 30% Hero’s Impact (c) 10% Video (d) 10% Representing the Chef’s Cut brand. The Nominations receiving the highest cumulative scores for all criteria awarded by the judges will be deemed the winners. In case of a tie, tied Nominations will be broken by cumulative points awarded for “Hero’s Story”. If tie continues, then tie(s) will be broken by the Nomination with the highest cumulative point score in the second criteria, continuing thereafter to the next criteria until the tie is broken.
Grand Prize: One (1) Grand Prize of a “Chef’s Cut Hero Ultimate Prize Pack” is available, which includes:
- One (1) Traeger PRO SERIES 22 Pellet Grill (GEN 1) - BRONZE
- One (1) Traeger Signature Blend Pellets Bag
- Variety of Chef’s Cut Jerky,(equivalent to 8 cases of 2.5oz jerky or 16ct stick caddies on our website)
- Shipping Fees
The Approximate Retail Value (“ARV”) of the Grand Prize is $(1,051.36). Actual value may vary based on point of origination & other details. Any difference between the stated ARV and actual value of the prize will not be awarded in any form. Sponsor will not replace any lost, mutilated, or stolen prizes.
Second Prize: One (1) Second Prize of a “Chef’s Cut Hero Prize Pack” is available, which includes:
- One (1) Knife set
- Variety of Chef’s Cut Jerky,(equivalent to 6 cases of 2.5oz jerky (or 16ct stick caddies) on our website)
- Shipping Fees
ARV of the Second Prize: ARV: $363.65
Third Prize: One (1) Third Prize of a “Chef’s Cut Prize Pack” is available, which includes:
- One (1) Grill set
- One (1) Cookbook
- Variety of Chef’s Cut Jerky,(equivalent to 1 case of 2.5oz jerky (or 16ct stick caddies) on our website)
- Shipping Fees
ARV of the Third Prize: ARV: $92.92
The three (3) Nominators of winning Nominees will receive a variety of Chef’s Cut Jerky with an ARV of $43.95 each.
Total ARV of all prizes to be awarded in this Contest is $1,507.93.
Grand Prize Winner, Second Prize Winner, and Third Prize Winner, along with their associated Nominators are individually a “Winner” or collectively “Winners.” Winners must accept prize as stated or prize may be forfeited in its entirety. All other expenses not specifically mentioned herein are solely the responsibility of winner and/or guests. Limit one (1) Prize per person, address and/or household.
The Grand Prize winner will be issued an IRS form 1099, a copy of which will be furnished to the IRS, for the value of the prize in January 2022.
- SPECIAL OFFER: The first fifty (50) people to follow us on Instagram @chefscutjerky and submit an eligible Nomination will receive an email with a couponequivalent to 2 FREE bags of jerky with the purchase of any 4-pack and all other submissions will receive a coupon for 15% off one order on our website. This coupon applies to the purchase of a 4-pack of jerky on our website. Customers must add the 4-pack to cart and checkout using the coupon. The coupon will be valued at the dollar amount that is equivalent to 2 bags of jerky on our website at the time of purchase. The customer will then only pay for part of the order and the coupon will apply to the other part of the order. Shipping cost is not included in this offer. Discounts cannot be combined and this offer is not valid on subscriptions. Coupon for 15% off- This coupon can be used for one order that is purchased on our website. This will apply to the total cost of your entire purchase. Shipping cost is not included in this offer. Discounts cannot be combined and this offer is not valid on subscriptions.
- GENERAL TERMS: No substitution of prize is offered, no transfer of prize to a third party is permitted, and non-cash portions of the prize may not be redeemed for cash value (unless at the sole discretion of Sponsor). Void wherever prohibited or restricted by law. Prize winners will be solely responsible for all applicable federal, state and local taxes on prize unless otherwise required by law. All other expenses on the receipt and use of the prize not specifically mentioned herein are solely the responsibility of the winner(s). Any portion of a prize not accepted by winners will be forfeited. No groups, clubs or organizations may reproduce or distribute any portion of these Official Rules to its members. All Nominators, as a condition of entry, agree to be bound by these Official Rules and the decisions of the judges. If you are selected as a winner, your information may also be included in a publicly-available winners’ list.
- WINNER NOTIFICATION: Potential winning Nominators and their Nominees will be notified via email on or about May 1, 2021. Potential Winner must provide the requested information within seventy-two (72) hours or prize or potential Winner’s position may be forfeited. Sponsor is not responsible for any change in a Nominator’s or Nominee’s email address. If potential Winner notification is returned as undeliverable or if potential Winner is found to be ineligible or otherwise not in compliance with these Official Rules, prize may be forfeited. Grand Prize winning Nominee and Nominator will be required to sign and return an Affidavit of Eligibility/Liability with (where lawful) a Publicity Release (the “Prize Claim Documents”) within seven (7) days of attempted winner notification as indicated by the date on the Affidavit. Failure to return the Prize Claim Documents within seven (7) days may result in prize forfeiture. In order for a Nominee to receive a prize, both the potential winning Nominator and Nominee must execute and return the Prize Claim Documents and both potential winning Nominator and Nominee’s eligibility must be verified. If either the potential winning Nominator or Nominee fails to comply with these Official Rules, or is otherwise deemed ineligible by Sponsor, then the Nominee will not receive a prize, and the Nomination that received the next highest score from the judges will be deemed a potential winner. If applicable, allow 6-8 weeks for delivery of prize following completion of notification process. Prizes will only be delivered to addresses within the forty-eight (48) contiguous United States.
- GRANT OF RIGHTS: Each Nominator hereby irrevocably grants, transfers, sells, assigns and conveys to the Sponsor, its successors and assigns, all present and future right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights) in and to the Submission for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each Nominator irrevocably waives any and all so-called moral rights they may have therein. Each Nominator hereby acknowledges that such Nominator does not reserve any rights in or to the Submission.
- PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any Nominator, Nominee or winner of the Contest, each Nominator irrevocably grants the Sponsor and its designees, successors, assigns and licensees, the right to use such Nominator’s, Nominee’s or winner’s name, likeness, biographical information and Submission, and any individual(s) participating therein, 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 Website or the Contest or other promotions, and hereby releases the Sponsor and Promotion Parties from any liability with respect thereto.
- CONDITIONS: All Nominators, as a condition of entry into the Contest, agree to release Sponsor and Promotion Parties from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses of any kind to persons including death or property which may be sustained directly or indirectly with the receipt, ownership, use or misuse of any prize awarded, or while preparing for, participating in or traveling to or from any prize-related activity or for any typographical or other error in these Official Rules or the announcement or offering of any prize. The winners shall bear all risk of loss or damage to their prize after it has been delivered. Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize.
- LIMITATIONS OF LIABILITY: Sponsor assumes no responsibility for: (a) lost, illegible, late, misdirected, or incomplete, Entries, votes or email; or for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, garbled, corrupted, scrambled, delayed, or misdirected transmissions, or computer hardware or software or telephone malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of Nomination or other information or the failure to capture, or loss of, any such information; and (b) any incorrect or inaccurate information, whether caused by Website users, or by any equipment or programming associated with or utilized in this Contest; any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of the Website. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with entry process or operation of Contest or Website, to be acting in violation of the terms of the Website or to be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Sponsor is not responsible for injury or damage to Nominators’ or any other person’s computer related to or resulting from participating in this Contest or downloading or copying materials from or use of Website. If, for any reason, Contest, in the sole opinion of Sponsor, is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend Contest, and determine the winners from all eligible, non-suspect Entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. In case of dispute, “authorized account subscriber” of email account associated with the social media account used to enter at actual time of entry will be deemed to be the Nominator’s and must comply with these Official Rules. The authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet Access Provider, on-line service provider, or other organization that is responsible for assigning email addresses. It is solely the responsibility of the Nominator to notify Sponsor in writing if the Nominator changes his or her email address during the Contest Period
CAUTION: ANY ATTEMPT BY A USER OR NOMINATOR OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS 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.
- BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Pennsylvania law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE PARTICIPANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THIS CONTEST, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY PARTICIPANT.
- GOVERNING LAW & JURISDICTION: These Official Rules and the Contest are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Official Rules, or the rights and obligations of participant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 13 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the Commonwealth of Pennsylvania, in the County of Dauphin.
- WINNER’S NAME: For the first name, last initial, hometown and state of the Winners, mail in a self-addressed, first class-stamped envelope to: RSJ Ventures dba Chef’s Cut Real Jerky Co., Attn: Chef’s Cut Zero for Heroes Social Sweepstakes, 117 W Napa Street, Suite C, Sonoma, CA 95476.
- SPONSOR: RSJ Ventures dba Chef’s Cut Real Jerky Co., 117 W Napa Street, Suite C, Sonoma, CA 95476, a subsidiary of Krave Pure Foods, Inc., 117 W Napa Street, Suite C, Sonoma, CA 95476. This Contest is in no way Sponsored, endorsed or administered by Instagram.