Official Rules for
Skuna Bay Salmon’s Skuna Bay 2 JBA (the “Contest”)
NO PURCHASE NECESSARY TO ENTER OR WIN THE CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
Entry to this Contest constitutes your full and unconditional agreement to and acceptance of these Official Rules.
The Contest is sponsored by Ocean Quality North America Inc. 500-4445 Lougheed Highway, Burnaby, British Columbia, V5C0E4 (the “Sponsor”).
This Contest is open only to:
a. U.S. legal residents over the age of 18 at the time of entry ONLY in the following states: Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Florida, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Maine, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Dakota, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Utah, Tennessee, Texas, Virginia, Washington D.C., Washington state, Wisconsin and Wyoming.
b. and legal residents of the Provinces of British Columbia or Alberta, Canada, who are of the age of majority in their Province of residence at the time of entry;
c. each of whom is a professionally trained chef. For purposes of this Contest, a professionally trained chef shall mean a person with formal culinary training from a culinary teaching institution, or who is or has been employed as a chef for three or more years and is proficient in all aspects of food preparation. By entering this Contest, you are representing that you are a professionally trained chef, as herein defined, and that you will provide proof of these qualifications upon request;
d. all subject to the exclusions set out below.
Entrants are subject to all notices posted online including but not limited to the Sponsor’s Official Rules on the Sponsor’s website, links to which can be found at http://www.skunasalmon.com/.
Employees, directors, officers and shareholders of the Sponsor, or the Sponsor’s subsidiaries or affiliates, or of other companies associated with the promotion of the Contest, as well as the immediate family (spouse, parents, siblings, and children, and each of their respective spouses) and household members of each such employee, director, officer and/or shareholder, are not eligible to enter this Contest.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules; http://www.skunasalmon.com/; and Sponsor’s decisions, which shall be final and binding in all matters related to this Contest. Being declared a winner of a prize is contingent upon fulfilling all requirements set forth herein.
CONTEST VOID WHERE PROHIBITED BY LAW.
Creative submissions by contestants shall become the property of the Sponsor. Entry constitutes the contestant’s permission for Sponsor to edit, modify, adapt, publish, promote and otherwise use the ideas generated by contestants in any way and without compensation.
4. CONTEST ENTRY:
Contest submissions will be accepted starting Saturday, April 1, 2017 at 12:00 AM Pacific Standard Time and end Sunday April 23, 2017 at 11:59 PM Pacific Standard Time (the “Contest Submission Period”). Entries may be submitted via hashtagging (#SkunaBay2JBA) on one (1) of the following Social Media Channels (Twitter, Facebook, Instagram) during the Contest Submission Period. Entries received prior to or after the Contest Submission Period are not eligible for the Contest. Entrants may submit as many different or unique entries as they wish. Entries that do not meet the submission requirements or any other requirements detailed in these Official Rules may be removed and disqualified in the sole discretion of the Sponsor.
By submitting an entry, entrants agree to indemnify, defend and hold the Sponsor and its parents, subsidiaries, affiliates, agents, representatives and distributors (together, the “Contest Entities”) harmless from and against any and all claims, demands, actions, causes of action, damages, costs or expenses brought against or suffered or incurred by the Contest Entities, or any of them, arising out of or in connection with the participation by the entrants in this Contest, any breach by the entrants of the foregoing warranties or agreements or the use, in whole or in part, by any Contest Entity of any entry (or portion thereof) submitted by the entrants in this Contest.
Odds of winning depend upon the quality of the entry in the Contest judges’ sole determination, and upon the number of entries received.
5. PHOTO REQUIREMENTS:
Each contestant will submit one photo along with hashtagging ((#SkunaBay2JBA) of the photo on one of the accepted social media channels (Twitter, Facebook, Instagram). Contestants may submit as many different / unique entries as they wish. It is a Contest requirement that all photos entered must incorporate Skuna Bay Salmon.
6. PROMOTION AND OWNERSHIP/USE OF ENTRY:
By entering the Contest, contestants agree (in addition to the rights granted below, and without limiting the generality of that grant) to the featuring of their name, picture, short biography and photograph on the www.skunabay.com website and on related websites and marketing materials. By submitting an entry, entrant hereby grants Sponsor and its designees a non-exclusive, irrevocable, royalty-free, worldwide, perpetual license and right to edit, publish, print, use, adapt, exploit, modify, copy, disseminate, dispose, broadcast and/or transmit the entry, the concepts embodied therein (or any elements thereof) in any and all media now known or hereafter devised (including via the internet) for advertising and promotional purposes as outlined in these Official Rules, without compensation, permission or notification, unless prohibited by law. Materials submitted in connection with the Contest will become the sole property of Sponsor and will not be returned. Entrant agrees that entries are gratuitous, unsolicited and without restriction, and will not place Sponsor under any obligation, and that Sponsor is free to disclose the ideas contained therein on a non-confidential basis to anyone or otherwise use the ideas without restriction and without any additional compensation to entrant. Entrant acknowledges that, by acceptance of his/her entry, Sponsor does not waive any rights to use similar or related ideas from any source. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrant. By entering, entrant acknowledges that Contest Entities have no obligation to use or post any entry submitted. Entrant agrees that Contest Entities are not responsible for any unauthorized use of entries by third parties. If you are selected as a winner, your information may also be included in a publicly-available winner's list, if any.
7. JUDGING / ROUNDS:
The Competition will comprise of one round.
Ten (10) submissions from all entries will be selected then judged by a panel comprised of non-participating chefs, Skuna Bay employees, and/or Skuna Bay Distributor employees. Judging panels will consist of seafood and culinary experts. Two categories (1) Creativity (2) Presentation will be judged out of 10 points each. The submission with the most points will be declared the winner.
The final winner will be announced on April 25, 2017.
In event of a tie, the winner will be determined based on the judges’ discretion. Judges’ decisions shall be final and binding.
9. PRIZES & APPROXIMATE RETAIL VALUE (“ARV”):
The estimated value of the flights included in the prize descriptions and Approximate Retail Values of each prize are based on a sample New York, NY, departure. The actual retail value of the prizes and flights may vary and will depend on the date of booking, actual place of departure, date of travel and changes in exchange rates. The winners will not be entitled to any monetary difference between actual prize value and stated approximate prize value, if any.
Unless otherwise specified below, spending money, hotel mini bar items, taxes, flight departure fees and taxes, optional seat selection fees, additional checked luggage fees, gratuities, merchandise, telephone calls, other transfers (including from your home to the departure airport nominated by the Sponsor), other hotel incidentals and any other expenses not stated as being included in the prize are not included and will be the full responsibility of the prize winners. All travel dates, accommodation on board the plane and hotel accommodation are subject to space availability and subject to change without notice or compensation. Prize winner must be available to travel on the dates required for the prize. The airline used for travel will be determined by the Sponsor based on the date/time of trip and airline availability. It is the prize winner’s responsibility to obtain all necessary travel documentation including valid passports and visas, if applicable, prior to ticketing and to comply with any customs and/or immigration requirements. Sponsor is not responsible if prize winner is denied access to the aircraft or entry/re-entry into destination state or province. In such an event, winner will be solely responsible for any expenses incurred and the prize may be forfeited, in whole or in part. It is recommended that the prize winner obtain sufficient personal insurance prior to departure. Prize winner must comply with all hotel check-in requirements including, without limitation, the presentation of a major credit card. If a pre-paid credit card is part of the prize, the pre-paid credit card is subject to all terms and conditions placed on it by its issuer. If the prize winner does not utilize any part(s) of the prize, then any such part(s) not utilized will be forfeited in their entirety and nothing will be substituted in their place. All travel and hotel arrangements relating to the prize must be made through the Sponsor or its designated agents. The prize may not be used toward any type of frequent-flyer mileage or other reward point accumulation program. If the prize winner elects to upgrade his or her travel package, extend the length of his/her trip or stop along the way, this will be at the prize winner’s own expense.
The prize must be accepted as awarded, is not transferable, cannot be substituted, and is not redeemable for cash or otherwise. The Sponsor reserves the right, in its sole discretion, at any time to substitute the prize (or component thereof) with another prize (or component) of equal or greater monetary value, as applicable. Sponsor makes no representations or warranties with respect to any prize. Elements of the prize such as airline and accommodation confirmations may be delivered to the prize winner electronically, and other components of the prize will be delivered by mail or courier to the confirmed prize winner’s mailing address within eight weeks of confirmation of winning.
a. Grand Prize:
The one final grand prize winner chosen will receive: (1) one roundtrip airfare to and from Chicago, Illinois to attend the James Beard Awards on May 1, 2017, (2) ground transportation to and from the airport, (3) two nights of hotel accommodation for one person from April 30, 2017 through May 1, 2017, (4) one ticket to the James Beard Awards on May 1, 2017, all paid for by Sponsor. Approximate Retail Value of the advertisement is $5,000 USD.
Entry to the Contest constitutes permission (except where prohibited by law) to use entrant’s name, images, hometown, likeness, prize won, and photograph (all at Sponsor’s discretion) for advertising publicity in any and all media without additional compensation, notification or permission.
10. CONDITIONS OF ENTRY:
Participation in the Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules; links to which can be found at “http://www.skunasalmon.com/contest” and the decisions of the Sponsor and/or judges, which shall be final and binding in all matters relating to this Contest.
By entering this Contest, entrants, semifinalists and finalists consent to the use of their names, hometowns, prizes won, voices, statements relating to the Contest or Sponsor, video clips and photographs or other likenesses (provided by entrant or otherwise captured by Sponsor during, but not limited to, the Contest), without further compensation, notification or permission in any publicity, promotion or advertising carried out by Sponsor or any related entities in any and all media now known or hereinafter developed without territorial or time limitation, except where prohibited by law.
Except where prohibited by law, as a condition of participating in this Contest, entrant agrees that any and all disputes and causes of action arising out of or in connection with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action. 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 reasonable attorneys’ fees, other than entrant’s out-of-pocket expenses and entrant further waives all rights to have damages multiplied or increased.
By entering the Contest, participants agree to release and hold harmless the Sponsor, its subsidiaries, affiliates, directors, officers, employees and agents from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the Contest or receipt of the Prize. The Sponsor and each of its officers, directors, employees, members, representatives and agents are not responsible for any negligence, claims, liability, injury, property loss or other damages of entrants and/or winners arising from, or in connection with acceptance, receipt, possession or use/misuse of prizes awarded or participation in this Contest.
To be declared a winner of any prize in this Contest, the selected entrant must complete and return a written declaration and release form provided by Sponsor (the “Declaration and Release Form”), as directed, and in the time period directed, acknowledging and confirming: (a) compliance with these Contest Rules; (b) acceptance of the prize as awarded; (c) the release of the Contest Entities from any liability in connection with this Contest or the receipt, possession, use or misuse of the prize or any part thereof; and (d) agreement to the publication, reproduction and/or other use of his/her name, image, likeness, biographical information, voice and/or statements without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, in connection with the Contest.
The Sponsor and its affiliates are not responsible for any error or technical malfunction of any telephone, computer, social media or other equipment which prevents an entry from being made or received during the promotional period. The Sponsor is not responsible for any incorrect or inaccurate information, whether caused by tampering, hacking or by any of the equipment or programming associated with the Contest.
BY ACCEPTING A PRIZE, WINNER ACCEPTS THE INHERENTLY DANGEROUS NATURE AND RISK IN AIR AND LAND TRAVEL, INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE PRIZE EVENT IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT CONTEST ENTITIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
12. CONTEST OPERATION
Sponsor reserves the right in its sole discretion to cancel, modify or suspend this Contest at any time, if fraud, technical failures, including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes corrupt the administration, security, integrity or proper play of the Contest and, if cancelled, at Sponsor's discretion, to select the winners from all eligible entries using the procedure outlined above.
Sponsor and the Contest Entities do not warrant that access to the Contest will be uninterrupted. Sponsor and the Contest Entities are not responsible for any problems that may arise, including but not limited to; (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, Websites, or other connection, availability or accessibility problems arising in connection with or over the course of the Contest; or (b) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of any prize or in any prize notification documents; or (d) for any other errors of any kind relating to or in connection with the Contest, whether human, mechanical, clerical, electronic, or technical or otherwise, including, without limitation, any errors which may occur in connection with the administration of the Contest, the processing of registrations or entries, the uploading of photos, the judging of entries, the tabulation of scores, the announcement of the prizes or in any other Contest-related materials; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Contest; or (f) damage to a user's computer system occasioned by participation in this Contest or downloading any information necessary to participate in this Contest.
The Sponsor reserves the right to disqualify any entrant's registration in the Contest (and void all associated Entries) or entitlement to a prize, if, in the sole discretion of the Sponsor, it determines or suspects that the entrant has attempted to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other fraudulent, deceptive or unfair playing practices (including any entries generated by script, macro, robotic, programmed, or any other automated means).
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the Province of British Columbia, Canada, without regard to choice of law rules. All entrants consent to the jurisdiction and venue of the Province of British Columbia, Canada.
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. In particular, Sponsor's employees are not authorized to waive, modify or amend any provision or provisions of these Official Rules in any manner whatsoever.
Any attempt by an entrant or other individual, to deliberately damage any website or undermine the legitimate operation of this Contest, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Entrant engaging in any of the foregoing activities may be disqualified, will forfeit any prize(s) won, and all associated entries and/or scores will be void.
The Sponsor reserves the right to add, delete or revise these Official Rules as necessary without notice.