Trade East Contest Rules, Terms & Conditions

2024 TRADE EAST COMPETITION

OFFICIAL RULES

NO PURCHASE NECESSARY – VOID WHERE PROHIBITED

All federal, state, and local laws and regulations apply

Everyone involved in the Fall 2024 Trade East Competition (the “Competition”) shall comply fully with the procedures, terms and conditions specified in these official rules (the “Official Rules” or “Rules”). These Official Rules shall govern the Competition.

By entering the Competition, all Participants (defined as anyone who submits an entry) agree that they have read, and are legally bound by the Rules, and further acknowledge and agree that these Rules are a legally binding contract between them and the Sponsor. Failure to adhere to these rules will lead to disqualification from the Competition.

The Sponsor (as defined herein) may modify the terms and conditions of these Official Rules as described below, and you agree to familiarize yourself with such modifications by reviewing, from time to time, the “Official Rules” posted at https://gfs.com/trade-east-contest-rules-terms-conditions/

No purchase or entry fee is required to participate or to win a prize in this Competition. All federal, state, and local laws and regulations apply to the Competition. The Competition is void in any state or local jurisdiction where it is prohibited or restricted by law or regulation. Only eligible persons may participate in the Competition.

1. Introduction and Background of the Competition

This Competition is sponsored by Gordon Food Service, Inc., 1300 Gezon Parkway SW, Wyoming, MI 49509 (the “Sponsor”). No other company is responsible for this Competition or the award of prizes.

2. Competition Program

  • Schedule:
    • Competition Announcement: September 2024
    • Submission Deadline: 11/15/24
    • Sponsor Review of Entries: Approximately end of November 2024
    • Award Results Announced: Mid-December 2024
  • Method of Submission. In order to submit an entry, the Participant must furnish the following information using Sponsor’s official entry form located at https://gfs.com/en-us/trade-east-summer-contest/:
    • Name
    • Email Address
    • Phone Number
    • Mailing Address
    • Confirmation of their employment as a professional chef
    • Complete recipe using at least two of their favorite Trade East Spice(s) and/or Seasoning(s). The recipe must include a dish name, a short description of the dish, ingredient list with measurements, directions for preparation, and a photo of the finished dish that shows the spices they used from Trade East.
    • Permission for Sponsor to use the recipe and photo in its entirety to promote Trade East spices and/or the Competition.
    • Permission for Sponsor to publish the Participant’s name and, if applicable, business name on any social media platform or other digital channels.

3. Eligibility to Compete

The Competition is open only to adults age 18 and over who are resident in the 48 contiguous United States of America (i.e., excluding Alaska, Hawaii, and non-State territories), and who are employed as professional chefs (i.e., who are paid to prepare food for immediate consumption and/or manage a kitchen in a commercial setting). Only one entry per person is allowed. Please Note: In order to be eligible you must provide the information required herein with your Entry when it is submitted. Persons who submit an entry, and meet all of the criteria specified herein to participate in the Competition and to win a prize, are referred to herein as “Eligible Entrants.” Only Eligible Entrants may participate in the Competition. Any entry by a person not deemed to be eligible, or not submitted in strict compliance with these Official Rules shall be considered void and the entrant, whether eligible or not, shall be disqualified.

The following persons are ineligible to participate in the Competition: employees of Sponsor, the Competition administrators, immediate family members of Sponsor employees or Competition administrators, and the firms, partners, and professional associates of the Sponsor or any Competition administrator or Juror including, but not limited to, employees and interns and/or volunteers. If it is determined that a Participant is in any material way related to the Sponsor or a Competition administrator, that Participant’s entry will be disqualified. Participation in this Competition and acceptance of a prize may be restricted by your employer’s policies regarding participation in trade promotions; you should consult with your employer before entering the Competition or accepting a prize.

4. Review of Enties

  • Jurors/Review of Entries: The Sponsor shall appoint a panel of its employees to serve as administrators to review submissions, apply the Competition criteria as specified in these Official Rules and, in cooperation with the Sponsor, select one or more winners (“Winners”). Each Winner will be eligible to receive a prize, subject to the terms of these Official Rules.
  • Review Criteria: The criteria applied by shall include:
    • Creativity / Originality
    • Quality of Execution

Sponsor is not obligated or required in any way to share the judges’ decisions in each category associated with any entry beyond announcing the Winners of the competition.

  • Publicity Release: Except where prohibited by law, a Winner’s entry and/or acceptance of a Prize constitutes permission of the Winner for Sponsor to use, without notice or further compensation, worldwide and in perpetuity, in any and all forms of media, now known or hereafter devised, such Winner’s recipe, name, likeness, pictures, photographs, voice, biographical information, and statements for purposes of advertising, trade, promotion, and publicity, including on social media.

5. Prizes/Conditions/Odds of Winning:

  • Prize: The Sponsor will award one prize to each Winner, consisting of our full size bottles of Trade East Seasoning (varying flavors), a $200 VISA gift card, and several items of Gordon Food Service and Trade East branded merchandise (with an estimated retail value of $500). Sponsor reserves the rights to substitute prizes for one of equal or greater value, or to award additional prizes, all at Sponsor’s discretion, although the total estimated retail value will not exceed $5,000. Prizes are non-transferable and non-exchangeable, and no cash alternatives will be provided.
  • Notification of the Winner(s): The Winner(s) will be notified via the same email address provided in their entry within 7 days of the Winner selection. If Sponsor’s notification is returned to Sponsor as undeliverable, the prize will be forfeited. Prizes are non-transferable and cannot be sold for value. The Winner(s)’ name and/or photographs may be posted on the Sponsor’s website upon completion of the Competition.
  • Execution of Affidavit of Eligibility/Liability Waivers/W9/Publicity Release: The Winner(s) may be required to execute and return an Affidavit/Declaration of Eligibility and a Publicity Release (collectively, “Acceptance Agreement”), and a W9 form before receiving the prize. Additional requirements or restrictions may be specified in the Acceptance Agreement. Failure to agree to and abide by these terms will result in the prize being forfeited.
  • Winner Responsible for All Associated Costs: The Winner(s) are responsible for all costs associated with accepting the prize, including taxes, government surcharges, fees or expenses. Additionally, the Winner(s) are responsible for any other related costs or expenses related to the use of the prize, including but not limited to ground transportation, food, and incidentals.
  • Prize Must Be Claimed/No Substitution of Prize: If the prize is not claimed, and all prerequisites for receiving the prize as described herein satisfied, within 30 days of notification being sent to the Winner, the Winner’s prize will be forfeited. Prizes will not be awarded to any person, whether eligible or not, in any jurisdiction where this Competition is restricted or prohibited by law or regulation. Sponsor will not permit substitution, transfer or payment of a cash equivalent for a prize except that the Sponsor, in its sole discretion, may substitute a prize with a prize of equal or greater value, as a result of the unavailability of the prize or any component thereof, or for any other reason.
  • Odds of Winning: The odds of winning the prize depend on the total number of eligible entries received by the submission deadline. Subject to the limitations in these Official Rules, the prizes will be awarded.

6. Official Rules Subject to Modification by Sponsor. These Official Rules are subject to change without notice to any person, including persons who have already entered the Competition. All changes or modifications of these Official Rules will be posted on Sponsor’s Website.

7. Integrity/Disqualification: If, for any reason, the Sponsor finds that the Competition has become corrupted by entrants, fraud, technical failures, or any other causes, which corruption in the Sponsor’s sole opinion, affects the administration, security, fairness, integrity or proper conduct of the Competition, or the granting of a prize or any component thereof, Sponsor reserves the right, in its sole discretion to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend the Competition or any portion thereof in a manner that is fair and equitable as determined by Sponsor. In the event that Sponsor determines that there are insufficient Eligible Entrants or the goals of the Competition have otherwise not been met, Sponsor reserves the right, in its sole discretion, to not award any or all prizes.

8. Ownership and Copyright: By submitting an entry to the Competition, a Participant represents and warrants that any such submission is the Participant’s original work and does not include any third party intellectual property. It is the Participant’s sole responsibility to ensure that the work submitted does not infringe upon the intellectual property rights of any third party, including, but not limited to: copyright, trademark, trade secret, patent and design rights (collectively “Intellectual Property Rights”). Entries that infringe, or use without permission, another party’s Intellectual Property Rights may be disqualified in the discretion of Sponsor. For clarity, it is not an infringement for a participant to refer to a recipe ingredient by its branded name, although Sponsor reserves the right to rephrase or replace the branded name with a generic equivalent.

All physical materials submitted to the Competition become the property of the Sponsor and may be retained for archival purposes, exhibition or publication. By submitting the materials to Sponsor, Entrant hereby grants Sponsor a non-exclusive, perpetual, irrevocable, sub-licensable, worldwide, royalty-free and fully paid-up license to all intellectual property rights (including, without limitation, all patent, copyright, trademark, trade secret and similar rights) in all submissions, materials and work product delivered or furnished to Sponsor.

9. General Provisions: Any Participant who fails to observe the provisions in these Official Rules will be declared ineligible by the Sponsor. The Sponsor’s decision in respect to any such disqualification shall be final and binding on all parties. The Sponsor is not required to notify a disqualified Participant, or to provide an explanation for their decision.

The Sponsor has the sole authority and responsibility, in its discretion, to recommend Winners at the end of the Competition. Any questions or disputes concerning the construction, validity, interpretation of the rules, or the rights or obligations of the administrators, the Sponsor, or the Participants, in connection with the rules, their enforceability, or interpretation, will be resolved by the Sponsor in consultation with the Competition administrators, and all decisions shall be final and not subject to dispute or protest in any judicial or administrative forum.

10. Limitation of Liability/Arbitration: No liability or responsibility is assumed by Sponsor resulting from user’s participation or attempt to participate in the Competition. Sponsor is not responsible for any errors in these Official Rules, the Competition materials, or the announcement of a Prize Winner. As a condition of participation in the Competition, all entrants, eligible or otherwise, agree: A) to fully and completely release Sponsor and their affiliated companies and officers, directors, employees, agents, attorneys (including outside attorneys) (collectively, “Released Parties”) from any and all liability, loss or damage incurred with respect to participation in this Competition and/or the awarding, receipt, possession, and/or use or misuse of a Prize; B) that under no circumstances will an entrant be permitted to obtain awards for, and any participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than actual out-of-pocket expenses; and C) that all causes of action arising out of, or connected with this Competition, or any Prize awarded shall be resolved without resort to any form of class action. BY ACCEPTING A PRIZE, A PRIZE WINNER ACCEPTS ANY AND ALL RISKS, INCLUDING THE RISK OF PERSONAL INJURY AND/OR DEATH ARISING OUT OF THE USE OF THE PRIZE, AND AGREES THAT THE SWEEPSTAKES ENTITIES SHALL NOT, IN ANY WAY, BE RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.

11. Interpretation of Official Rules. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules or the rights and obligations of the Sponsor in connection with the Competition shall be governed by, and construed pursuant to, the sole discretion of the Sponsor, in accordance with the law of the State of Michigan.

12. ARBITRATION; WAIVER OF INJUNCTIVE RELIEF; GOVERNING LAW: BY ENTERING THE SWEEPSTAKES, EACH ENTRANT AGREES THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO THESE OFFICIAL RULES, THEIR ENFORCEMENT, ARBITRABILITY, OR INTERPRETATION SHALL BE SUBMITTED TO FINAL AND BINDING ARBITRATION, TO BE HELD IN OR NEAR GRAND RAPIDS, MICHIGAN AS DETERMINED BY SPONSOR, BEFORE A SINGLE ARBITRATOR UTILIZING THE RULES AND PROCESSES OF THE AMERICAN ARBITRATION ASSOCIATION. EACH PARTY SHALL BEAR HIS/HER OWN LEGAL EXPENSES IN SUCH ARBITRATION.

13. Communications: The Sponsor and the Competition administrators are responsible for the administration of the Competition, and for the development and enforcement of its rules and procedures. Any and all communication relative to the Competition must be directed in writing by email to: digitalmarketing@gfs.com.

14. Rules and Winners: For a copy of these Official Rules, please send a written correspondence to the Sponsor.

15. Privacy. By entering the Competition, Participants consent to the privacy policy found at <https://gfs.com/en-us/privacy-policy/>.

16. Force Majeure: Without limiting any other provision in these Official Rules, the Released Parties are not responsible for or liable to any entrant or winner, or any person claiming through such entrant or winner, for failure to supply the Prize or any part thereof due to any Competition activity or being affected, as determined by Sponsor in its sole discretion, by reason of, without limitation, (a) any acts of God; (b) any law, rule, action, regulation, order or request by any local, state or federal governmental or quasi-governmental entity or authority (whether or not the law, rule, action, regulation, order or request proves to be invalid); or (c) any other cause beyond the reasonable control of the Released Parties, whether or not specifically mentioned above.

17. Social Media: The Competition is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram, Tiktok, or any other platform on which Sponsor may communicate about the Competition (Platforms). By entering, each entrant confirms that he or she is at least 18 years of age, or, if under the age of 18, has the signed approval of a parent or guardian over the age of 18 who, with full knowledge of these Official Rules, is allowing the entrant to participate, and releases all Platforms of any responsibility arising from or in connection with the Contest and agrees to the Platforms‘ respective terms of use.

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