ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
TIMING: The Cocktail Artist Mix Off Recipe Contest (the “Contest”) is presented by FoodStory Brands, LLC. (the “Sponsor”) and administered by US Sweepstakes & Fulfillment Co. (the “Contest Administrator”). Promotion begins at 12:00:01 AM Eastern Time (“ET”) on Monday, May 6, 2019 and ends at 11:59:59 PM ET on Saturday, August 31, 2019 (the “Promotion Period”). Within the Promotion Period, there are four (4) entry periods (each, an “Entry Period”) as defined in the Entry Period, Judging, and Notification Schedule chart below. Non-winning entries for an Entry Period will not roll over to subsequent Entry Periods. The Sponsor’s computer is the official timekeeping device for this Contest.
By participating in the Contest, Contest Entry (as defined below) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor and Contest Administrator, which shall be final and binding in all respects.
PROMOTION DESCRIPTION: Each Entry Period will include a round of judging to determine four (4) Finalists (“Finalists”), and a finalist round of judging to determine one (1) Grand Prize winner (the “Grand Prize Winner”), as further described herein.
ELIGIBILITY: The Contest is open to legal residents of the 50 United States, including the District of Columbia, who are age 21 or older at the time of entry. Void in Arizona, Colorado, Maryland, North Dakota, Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees of the Sponsor, Contest Administrator and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Contest is subject to all applicable federal, state and local laws and regulations.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”):
Finalist Prizes: Four (4) Finalists Prizes are available to be won, one for each Entry Period. Each Finalist Prize winner will receive a trip for (2) to Myrtle Beach, SC October 24, 2019 – October 27, 2019 to attend the Finalist Competition (the “Finalist Competition”). Prize includes:
- One (1) $500 check
- Round-trip, coach-class airfare for two (2) to Myrtle Beach, SC from a major airport within the 48 contiguous US;
- Four (4) days / three (3) nights hotel accommodations at a hotel of Sponsor’s choice;
- Round trip transfers to/from destination airport and hotel; and
- $360 trip cash allowance to be awarded in the form of check.
The total ARV of Finalist Prize is: $3,000 each. The total ARV of all Finalists Prizes is: $12,000.
Grand Prize: One (1) Grand Prize Winner will receive a prize package including:
- One (1) $1,000 check;
- The opportunity to appear on a Cocktail Artist bottle mix/bar ingredient product or feature on the Cocktail Artist website. Sponsor to determine in its sole discretion how and where it will use Grand Prize winner’s photograph or likeness for the Grand Prize appearance.
The total ARV of the Grand Prize is $1,000.
The total ARV of all prizes to be awarded: $13,000.
HOW TO ENTER THE CONTEST: During the Promotion Period, eligible participants must create and prepare an original cocktail or mocktail recipe with exact common U.S. household measurements that features a Cocktail Artist one (1) mix or bar ingredient from the list below (each, a “Recipe”), take a photograph of prepared Recipe (the “Photo”) visit www.cocktail-artist.com/mixoff (the “Promotion Website”), and follow the instructions to complete the online entry form including the Recipe and uploading his/her Photo and submitting (the “Entry”).
Eligible mixes include:
- Margarita Mix
- Bloody Mary Mix
- Pina Colada Mix
- Strawberry Daiquiri/Margarita Mix
- Sweet & Sour Mix
- Old Fashioned Mix
- Mule Mix
- Manhattan Mix
- Sangria Wine Mix
- Mango Daiquiri/Margarita Mix
Eligible bar ingredients include:
- Simple Syrup
- Lime Juice
- Lemon Juice
- Mint Syrup
- Triple Sec Syrup
- Blue Curacao Syrup
- Lavender Syrup
- Cream of Coconut
Entrant will be required to provide a recipe name; cocktail ingredients; and a brief description of the drink. If Entrant is submitting a mocktail, Recipe does not need to include any alcoholic ingredients. Recipe requirements:
- One (1) ingredient must be a Cocktail Artist mix or bar ingredient in the final Recipe;
- Recipe must include ingredient name and quantity of each ingredient;
- All ingredients must be commercially and readily available;
- Recipe must include all instructions for preparation of the final cocktail, including glassware, ice and garnish;
All Entries must be received between Friday, May 3, 2019 at 12:00:01 AM ET and Saturday, August 31, 2019 at 11:59:59 PM ET.
There is a limit of one (1) Entry per person per Entry Period, regardless if the Entrant has more than one (1) email address. Each Entry must include an original Photo and Recipe. However, non-winning Entries may be submitted into subsequent Entry Periods.
LIMIT: one (1) Finalist Prize per person.
Once an Entry is submitted it cannot be modified by an Entrant. Sponsor is not responsible for lost, late, incomplete, illegible, garbled, inaccurate, invalid, misdirected, undelivered, or delayed Entries. No altered or incomplete submissions will be accepted.
ENTRY REQUIREMENTS & CONDITIONS: All Entries must comply with the following minimum guidelines to be eligible:
- Photo must show the Cocktail Artist Recipe described in the Entry.
- Cocktail Artist Recipe should be the primary subject of the Photo. No other individuals should appear in the Photo, without express permission.
- Photos/Recipe must conform to the format and size requirements and limitations of the Promotion Website. The maximum file size is 5MB.
- Entry and Photo/Recipe cannot contain content that is irrelevant to the purpose of the Contest.
- Once a Photo/Recipe has been submitted, it cannot be modified or deleted by Entrant.
- Each submitted Photo/Recipe must be original, on which no image editing software has been used.
- No duplicate Photos/Recipes, or substantially similar Photos/Recipes, as determined by the Sponsor’s in its sole discretion, may be submitted.
- By submitting a Photo taken by a third party, Entrant warrants and represents that he/she has secured all rights and clearances to the Photo from the photographer.
- Entry and Photo/Recipe cannot be profane, pornographic, sexually explicit or suggestive or contain nudity.
- Entry and Photo/Recipe cannot be violent or promote firearms/weapons.
- Entry and Photo/Recipe cannot promote illegal drugs or tobacco.
- Entry and Photo/Recipe cannot defame, misrepresent or contain disparaging remarks about people, brands, products or companies.
- Entry and Photo/Recipe cannot contain content that defaces or depicts any person, brand, product or company in a negative or inappropriate manner.
- Entry and Photo/Recipe cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory to any ethic, racial, gender, religious, professional or age group.
- Entry and Photo/Recipe cannot reference or contain materials embodying a person, living or dead, without permission.
- Entry and Photo/Recipe cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.
- Entry and Photo/Recipe cannot depict illegal activity and cannot itself be in violation of any law.
- Entry and Photo/Recipe cannot in any way reference persons or organizations without written permission from any person or organization whose name or likeness is used.
- Entry and Photo/Recipe may not include images of a known celebrity, famous or well-known person or any image which violates the right of privacy or publicity of any person.
- Photos/Recipes cannot have been submitted previously in a promotion of any kind or won any previous awards.
By submitting an Entry, the Entrant understands and grants to the Sponsor an irrevocable, perpetual, non-exclusive worldwide license to use his/her Entry, Photo, Entry, name, hometown and likeness on the Sponsor’s various websites and social media sites and in advertising and/or promotional activities worldwide without compensation, permission or notification. Sponsor reserves the right in its sole and absolute discretion to alter, change or modify any Entry, which includes a Photo and Recipe.
By submitting an Entry, Entrant warrants and represents that: (a) Entry, Photo and Recipe do not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (b) Entrant has obtained written permission from any person who may appear in the Photo; (c) Entrant owns all rights to the Photo/Recipe, including without limitation, copyrights, and has received prior written permission from a third party if any Photo was photographed by someone other than the Entrant him/herself; and (d) Entrant will indemnify and hold harmless the Sponsor, Contest Administrator and related entities, agents and assigns from any claims and damages (including reasonable attorneys’ fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, the Entry, or Entrant’s conduct in creating the Entry, the acceptance or use of any prize or otherwise in connection with this Contest.
ENTRIES POSTED TO THE PROMOTION WEBSITE ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.
JUDGING & FINALIST DETERMINATION: The Judging & Finalist Determination for each Entry Period will be completed in accordance with the Entry Period, Judging, and Notification Schedule chart found on page 1. All eligible Entries received during each Entry Period will be judged by the Sponsor, who shall use the criteria set forth below:
- Cocktail Name (25%)
- Appearance / Presentation (25%)
- Execution (25%)
- Creativity / Originality (25%)
For each Entry Period Entry that receives the highest total score based on the judging criteria will each be deemed a potential finalist. In the unlikely event of a tie, the tied Entry with the highest score in Criterion A, Cocktail Name, will be deemed the potential finalist. If additional tie breakers are needed, the tie-breaking mechanism above will be used; however, instead of the highest score in Criterion A determining the potential finalists from among the tied entries, the highest scores in each of Criteria B through D, in sequence (to the extent needed) will determine the potential finalists. In the event additional tiebreakers are needed, all tied Entries will be judged by a separate panel of judges using the judging criteria above.
FINALIST CONFIRMATION PERIOD & FINALIST ACCEPTANCE: Potential finalists will be contacted by the Contest Administrator by email or phone on/around the dates listed in the Entry Period, Judging, and Notification Schedule chart found on page 1, and will be required to sign and return an Affidavit of Eligibility & Publicity/Liability Release (the “Releases”) within five (5) days of notification to be declared a verified finalist (a “Finalist”), receive a Finalist Prize and have the opportunity to proceed to the Finalist Competition. Noncompliance will result in disqualification and the Entry with the next highest judging score will be deemed a potential Finalist. Fewer than four (4) Finalists may continue on to the Finalist Competition without liability to the Sponsor or its designees of any kind.
GRAND PRIZE WINNER DETERMINATION & NOTIFICATION: During the Finalist Competition, each Finalist will have an opportunity to prepare and present his/her Recipe that was submitted with their winning Entry. Sponsor to provide Finalist Competition details and rules at the time of the Finalist Competition. Sponsor will provide all ingredients and cocktail preparation materials including a Boston shaker and highball glass, Hawthorne strainer, julep strainer, bar spoon, jigger, fruit picks, muddler, y peeler, channel knife, knife, cutting board and glassware which Finalists may use to prepare their final cocktail for submission to the judges (the “Finalist Cocktail”). Finalists may not bring or request any outside ingredients or glassware to the Finalist Challenge. Finalists may bring their own preparation tools if they so desire. A panel of judges appointed by the Sponsor will grade each of the Finalists’ Finalist Cocktail. Finalist Competition submissions will be judged based on the following criteria:
- Cocktail Name (20%)
- Appearance / Presentation (20%)
- Creativity / Originality (20%)
- Execution (20%)
- Sensory (20%)
The Finalist Cocktail that receives the highest total score based on the judging criteria will be deemed the Grand Prize winner. In the unlikely event of a tie, the tied Finalist Cocktail with the highest score in Criterion A, Cocktail Name, will be deemed the Grand Prize winner. If additional tie breakers are needed, the tie-breaking mechanism above will be used; however, instead of the highest score in Criterion A determining the potential Grand Prize winner from among the tied entries, the highest scores in each of Criteria B through E, in sequence (to the extent needed) will determine the potential Grand Prize winner. If additional tiebreakers are needed, tied Finalists will be given a tiebreaker cocktail recipe challenge and the Finalist whose tiebreaker cocktail receives the highest score using the judging process as outlined above will be deemed the potential winner.
The potential Contest Grand Prize Winner will be notified on or about Wednesday, October 30, 2019 via email and/or phone, and will be required to sign and return, within three (3) days of notification, the Releases and a W-9 Form. Noncompliance will result in disqualification and the Finalist who received the next highest score will be deemed the potential Grand Prize Winner and will notified. The Grand Prize will be awarded within approximately 45 days after verification.
PRIZE CONDITIONS: If any notification or prize is returned as undeliverable, or if potential finalist or winner is found to be ineligible or not in compliance with these Official Rules he/she will be disqualified.
Prizes are not redeemable for cash. Prizes are not assignable nor transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of prizes and no exchange or substitution of prizes, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.
Prepaid Gift cards are not redeemable for cash and will not be replaced if lost or stolen. Prepaid Gift card usage is subject to the issuing company’s complete terms and conditions, including expiration dates.
Winners are responsible for all federal, state, local and income taxes associated with winning prize. Finalists and Grand Prize winner will be required to furnish his/her Social Security Number for the sole purpose of preparation of tax forms as required by law.
Except where prohibited by law, entry and acceptance of prize constitute permission to use Finalists/Winner’s name, prize won, hometown, likeness, video, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
By accepting a Finalist Prize or Grand Prize, you further agree to release the Sponsor and Contest Administrator from any and all liability, loss or damage of any kind arising out of or in connection with your participation in this Contest or with respect to the awarding, receipt, possession, use and/or misuse of any prize.
Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winners acknowledge that the Sponsor and all other businesses affiliated with this Contest and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the prize being offered, except that each merchandise prize shall be subject to its manufacturer’s standard warranty (if any).
GENERAL: Participating Entrants agree to these Official Rules and the decisions of the Contest Administrator and the Sponsor, and release and hold the Sponsor, Contest Administrator, and their affiliated companies, and all other businesses involved in this Contest, as well as the employees, officers, directors and agents of each, from all claims and liability relating to their participation in the Contest, and the acceptance and use/misuse of the prize offered. Entrants waive all rights to claim punitive, incidental and consequential damages. Finalists/Winners assume all liability for any injury or damage caused or claimed to be caused, by participation in this Contest or use/misuse or redemption of a prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of any prize.
No confidential relationship is established by any Entrant and the Sponsor as a result of participating in the Contest. None of the information submitted by the Entrant will be treated as trade secrets, confidential information or as protected data.
Although subsequent attempts to submit an Entry on a given day may be received, only the first complete Entry received from a particular Entrant will be eligible; subsequent attempts by the same person to Enter, including entries submitted with an alternate email address or identity will be disqualified. In the event of a dispute over the identity of an entrant, submission will be deemed submitted by the “Authorized Account Holder” of the email address submitted by the Entrant. Authorized Account Holder means the natural person to whom the email address is registered. Any entrant or potential winner may be required to show proof of being the authorized account holder to Sponsor’s satisfaction. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Sponsor and Contest Administrator are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of submission materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive submission information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Contest. By participating in the Contest, you (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Contest Administrator, which 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. Sponsor reserves the right to: (i) permanently disqualify from any Contest it sponsors any person it believes has intentionally violated these Official Rules; and (ii) withdraw any method of entry or voting mechanism if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Contest). If, for any reason, the Contest is not capable of being conducted as planned, including but not limited to infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures or other causes whether or not beyond the control of Sponsor, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Sponsor is not responsible if the Contest cannot be implemented or prizes cannot be awarded due to delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism. Sponsor also reserves the right in its sole discretion to disqualify any individual found to be violating these Official Rules or suspected of attempting to disrupt or defraud the Entry process or the operation of the Contest. Sponsor reserves the right to disqualify any Entrant at any time during the Promotion Period that may be found ineligible.
In the event any participant engages or has engaged in behavior that (as determined by Sponsor in Sponsor’s sole discretion) is obnoxious or threatening, illegal or that tends to annoy, abuse, threaten, disparage or harass any other person or company including the Sponsor or is otherwise inappropriate, the Sponsor reserves the right to disqualify the Entrant, and void any Contest Entries, of said person.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of Arizona, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) 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, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT 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 NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT 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 YOU.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Maricopa County, Arizona and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Maricopa County, Arizona. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Maricopa County, Arizona. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see www.cocktail-artist.com/mixoff or send a self-addressed, stamped envelope by September 10, 2019, to: The Cocktail Artist Mix Off Recipe Contest Official Rules Request, PO Box 25466, Rochester, NY 14625-0466.
WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after September 10, 2019), send a stamped, self-addressed envelope (no later than October 31, 2019), to: The Cocktail Artist Mix Off Recipe Contest Winner Confirmation Request, PO Box 25466, Rochester, NY 14625-0466.
SPONSOR: FoodStory Brands, LLC., 1934 E. Camelback Road, Suite 120-491, Phoenix, AZ 85016.
ADMINISTRATOR: US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Suite 2100, Rochester, NY 14625. 1-800-620-6044
Void in AZ, CO, MD, and ND, outside the US, in Puerto Rico, and wherever else prohibited by law.