AMERICA’S GOT TACOS CONTEST
Terms and conditions
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF BEING SELECTED AS WINNER. Contest entry period begins at 12:00:00 AM Eastern Time (“ET”) on Wednesday, August 17, 2022, and ends at 11:59:59 PM ET on Wednesday, August 31, 2022 (the “Contest Period”). Void outside the fifty (50) United States and the District of Columbia, and where prohibited by law.
McCormick & Company, Incorporated is the sponsor of this contest (the “Sponsor”), which invites participants to submit a video of an original song about tacos that features McCormick’s Taco Seasoning in the lyrics (a “Submission”). One winner (“Winner”) will be selected by the Sponsor to receive a cash prize of $50,000 (Fifty Thousand United States Dollars (USD)).
The Winner will be required to assign to Sponsor in writing all intellectual property rights in Winner’s Submission (including the lyrics, composition, sound recording, and video contained therein) and to obtain (where necessary), provide, and grant consent and releases in Sponsor’s favor with respect to any person, location or design depicted in the Submission.
PLEASE NOTE THAT THE SUBMISSION, WHICH INCLUDES ANY MATERIALS YOU SUBMIT WITH YOUR SUBMISSION, MAY BE MADE PUBLIC BY SPONSOR, INCLUDING ON THE INTERNET. BY SUBMITTING A SUBMISSION, YOU GRANT SPONSOR A LICENSE TO SHARE, REPUBLISH AND USE YOUR SUBMISSION AS SET FORTH IN THESE TERMS & CONDITIONS. YOU SHOULD NOT SUBMIT ANY MATERIALS IN YOUR SUBMISSION THAT YOU DO NOT WANT, OR DO NOT HAVE THE RIGHT, TO BE MADE PUBLIC.
1. SPONSOR AND ADMINISTRATOR: McCormick & Company, Incorporated is the Sponsor (as defined above), and is located at 24 Schilling Road, Hunt Valley, MD 21031.Kaleidoscope Promotions Interactive, located at 7 Switch Place, Ste 192-305, The Woodlands, TX 77380, will supply certain administrative services in connection with the contest (“Administrator”).
2. ELIGIBILITY: The America’s Got Tacos Contest (the “Contest”) is open only to entrants (“Entrants”): (a) who are legal U.S. residents residing in the fifty (50) United States and/or the District of Columbia, and (b) who are at least eighteen (18) years of age or the age of majority in their state/jurisdiction of permanent residence (whichever is greater) at the time of entry. Employees, officers, and directors of Sponsor, Administrator, and Sunshine Sachs or their respective parents, subsidiaries, affiliates, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies (collectively, the “Contest Entities”) and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Sponsor reserves the right to verify the eligibility of winners and intends to have Administrator verify the eligibility of all Entrants on the Short List (as defined below in Section 5). Participation constitutes Entrant’s full and unconditional agreement to these Terms and Conditions and to Sponsor’s decisions, which are final and binding in all matters related to the Contest. Entrants represent and warrant that they have the right to submit to Sponsor and Administrator any materials and information contained in an Entry, including contact information. Sponsor and Administrator will contact selected potential Contest winners prior to announcement or award.
3. TO ENTER: During the Contest Period, go to www.McCormick.com/AmericasGotTacos (the “Website”) to submit an entry (“Entry”), including: (a) completing the application form (“Application” or “Application Form”); by (b) using the upload link there, submitting a video recording Submission with your original song about tacos featuring McCormick’s Taco Seasoning in the lyrics (the Application and the Submission together being considered an Entry); and (c) agreeing to the Terms and Conditions (“Terms”) for the Contest. The Application Form and upload link can be found on the Website; ability to access the Contest Website is required for entry. Entrants must provide all required information requested on the Application Form, including without limitation first and last name, email address, and telephone number. Limit one (1) Entry per person. Entries must be submitted by the Entrant and not on his/her/their behalf. In the course of the entry process, Entrant may be asked to answer optional questions and/or register for future notices (promotional or otherwise); however, you need not answer these questions or agree to receive future emails in order to participate in the Contest.
Requirements for Submissions:
- Submission MUST be no shorter than thirty (30) seconds and no more than two (2) minutes long and must be of good quality, clear and understandable. Video must be playable by Sponsor and Administrator, must be free of any malware and viruses, and may be only in one of the following formats: .MOV; .MPEG-1; .MPEG-2; .MPEG4; .MP4; .MPG; .AVI; .WMV.
- Submission MUST be the Entrant’s original idea and all content in the Submission (including the video, song, composition, and lyrics) MUST be Entrant’s original authorship (modification, derivation, or sampling of an original work is not an original idea or original content).Submission MUST NOT copy or otherwise plagiarize from any source. Submission MUST either (1) only feature the Entrant OR (2) if the Submission includes any third parties (whether it is in the form of participation or contribution such as composing, performing, filming or otherwise), the Entrant must have written permission from such third party/ies for Entrant to participate in the Contest and to grant all the rights listed herein to Sponsor and Administrator without any additional permission or authorization. Any persons depicted or contributors to the Submission must be willing to sign a written assignment and release if Entrant is the Winner, or the Entrant and his/her/their Entry/Submission will be disqualified and any prize they might have otherwise won will be forfeit.
- Submission MUST NOT contain material which is (or promote activities which are) in Sponsor’s and Administrator’s discretion, hateful, slanderous, libelous, tortious, sexually explicit, obscene, pornographic, inappropriate, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or contain material that is threatening to any person, place, business, group or world peace; or contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group; or contain images, words or text portraying nudity, acts of violence, or acts that are or appear to be unlawful or dangerous or in violation of, or contrary to the laws or regulations in any state.
- Submission MUST NOT contain material that violates or infringes another’s rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement. Without limiting the foregoing, Submissions must not include third-party trademarks, logos, insignia, location signage, photographs, artwork, or sculptures, except those of Sponsor as specifically provided herein. For the avoidance of doubt, Entrant is NOT granted any license to use any of Sponsor’s trademarks, brands or intellectual property in any manner.
- Submission MUST NOT include mention or performance of any copyrighted media production including but not limited to videos, songs, music, books, articles, photographs, etc., or identifying descriptions of any media property. Parody, sampling and fair use do NOT constitute exceptions to this requirement.
- Submission MUST NOT include third parties, including but not limited to minors, celebrities and friends, who have not expressly authorized Entrant to submit their information or otherwise use their images or likenesses in accordance with these Terms & Conditions.
- Submission MUST NOT violate or breach the terms of any agreement to which Entrant is a party, including any confidentiality, non-competition, or similar covenant that Entrant owes to an employer or former employer.
- Submission MUST NOT contain or refer to any competitors of Sponsor and/or any competitor seasoning/recipe mixes.
By entering the Contest, each Entrant warrants and represents that: (a) all information contained on Entrant’s Application Form is true and correct, and (b) his/her/their Submission is original, has not been previously published or entered (in whole or in part) in any competition, does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including patents, copyrights, trademarks, trade secrets, or rights of privacy or publicity, and will not violate any federal, state or local laws or ordinances. Entrants further warrant and represent that they have secured the requisite consent from any third party referenced in their Entry. Sponsor reserves the right in its sole and unfettered discretion not to consider any Entry that it believes contains obscene, false, offensive and/or inappropriate content, that does not comply with these Terms & Conditions, or that is not consistent with the spirit of the Contest or Sponsor’s brand.
Entrant acknowledges and agrees that if he, she, or they choose/s to post or share (collectively, “Post”) his, her or their Entry Submission, he, she or they will clearly and conspicuously disclose that he, she or they is participating in this Contest in any such online social sharing interaction that references the Contest. At a minimum, the hashtag “#McCormickContest” should be included in all social media communications sent in connection with this Contest. If Entrant is later selected as the Winner, the Post will be considered part of the Entry and subject to the terms and conditions, including those concerning assignment. Whether or not an Entrant posts a Post shall have no bearing on the selection of a Winner. Sponsor reserves the right to request that Entrant remove a Post at any time, in its sole and absolute discretion, including, but not limited to Posts that do not include the required hashtag.
Any attempt by an Entrant to submit more than the permitted number of Entries using multiple and/or different identities, forms, registrations, addresses or similar methods will void all of that Entrant’s Entries and Entrant may be disqualified at Sponsor’s discretion. Multiple Entrants are not permitted to share the same email address. Each Entrant is responsible for all costs incurred in connection with preparing his/her/their Entry, and such costs will not be reimbursed. Normal Internet, phone, data, and usage charges imposed by your online or phone service may apply. Incomplete, illegible, inaudible, corrupted, or untimely Entries are void and will be disqualified. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible Entries; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, app, computer, or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of sending or submission or upload will not be deemed to be proof of receipt by Sponsor or Administrator. In the event of a dispute as to the identity of an Entrant, the authorized account holder of the email address used to enter will be deemed to be the Entrant or participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder. Entrants specifying an invalid, non-working, or inactive email address will not be selected (as defined below).
4. SELECTION OF WINNER: One (1) Winner of the Contest will be selected from among all Entrants based on four (4) rounds of review, as follows:
First Round (First Look Round): In the initial round, Submissions will be reviewed by a judging panel made up of at least four representatives from the public relations firm Sunshine Sachs with experience in branding, talent, music, and entertainment communications (the “First Look Panel”), and a short list of twenty (20) Entrants will be selected from among all eligible Entrants for additional consideration (the “Short List”) based on the following categories or criteria (“Judging Criteria” or “Criteria”), which shall each be assigned point values as designated: (1) Ability and talent (33 points); (2) Entertainment value (33 points); and (3) Brand fit (34 points)(“First Round Judging Criteria”). The number of points each entry has received for each Criteria will then be added together, with the top twenty Entrants receiving the top scores advancing to the next round, the Short List Round (the “Short List Entrants”).
In the event of any tie, the tied entries will be rejudged and scored based on the category of Ability and Talent (100 points), and the tied Entrant receiving the higher score will be selected as a Short List Entrant. In the event there is still a tie, the tied entries will be rejudged and scored based on the category of Entertainment Value (100 points), and the tied Entrant receiving the higher score will be selected as a potential Short List Entrant. In the event there is still a tie, the tied entrants will be interviewed about the song and video submitted (which shall take place either in person or over the internet, in the Sponsor’s sole discretion) and the Panel will discuss the interviews and choose which tied Entrant should advance based on each Entrant’s performance in that interview, with the final decision made in the First Look Panel’s discretion.
Second Round (Short List Round): Once the twenty (20) potential Short List Entrants have been selected by the First Look Panel, they will be contacted by the Administrator for verification purposes, which shall include (1) a background check, reference checks and identity verification; (2) verification by the Administrator that the Entrant still desires to participate and is in compliance with the Terms and Conditions; and (3) verification of the originality of the potential Short List Entrant’s Entry Submission, including but not limited to use of industry standard processes to identify any potential copyright infringement. Any potential Short List Entrants who do not respond to requests from Sponsor and/or Administrator in a timely and complete manner, sign any requested legal documentation or releases necessary to complete the verification process, or otherwise satisfactorily complete the verification and non-infringement processes, as determined in Sponsor’s or Administrator’s sole discretion, will be eliminated from further consideration, and an alternative potential Short List Entrant may be selected to proceed in his/her/their place.
After verification has been completed, a panel of at least five (5) representatives from Sponsor (the “Short List Panel”) with experience and expertise in the communication, branding, and culinary space(s) will review each Short List Entrant’s Entry Submission, judging each Submission and assigning a maximum of 100 points to it based on the following criteria (“Short List Judging Criteria”): (1) Ability and Talent (33 points); (2) Entertainment Value (33 points); and (3) Brand Fit (34 points); as applied in the Short List Panel’s sole and absolute discretion. The number of points each Short List Entry Submission received for each Short List Judging Criteria will then be aggregated and the three top scorers shall advance to the Semi-Final Round. In the event of any tie between Short List Entrants, the tied Short List Entrants’ Entry Submissions will be rejudged by the Short List Panel using the Short List Judging Criteria as applied in the same tiebreaker process described in the First Round, above.
Third Round (Semi-Final Round): For the Semi-Final Round, a panel of judges made up of at least 8 representatives from Sponsor, including executives, marketing representatives, chefs, and others, including but not limited to employees with experience and expertise in the communication, branding, and culinary space(s), will judge each Semi-Finalist’s Entry Submission, assigning points based on the following criteria (“Semi-Finalist Judging Criteria”): (1) Ability and Talent (25 points); (2) Entertainment Value (25 points); and (3) Brand Fit (25 points); Lyrical Creativity (25 points). The number of points each Semi-Finalist Entry Submission received for each Semi-Finalist Judging Criteria will then be aggregated, and the three top scorers shall advance to the Final Round. In the event of any tie between Semi-Finalist Entrants, the tied Semi-Finalist Entry Submissions will be rejudged by the Semi-Final Panel using the Judging Criteria as applied in the same tiebreaker process described in the First Round, above.
Final Round/Winner Selection: In the Final Round of the Contest, the actress and musician Keke Palmer will select the Winner from among the three (3) Finalists based on the following criteria: (1) Quality of Performance; (2) Quality of Lyrics and Composition; and (3) Quality of Production, as applied in Ms. Palmer’s sole and absolute discretion. After reviewing the three Finalist Submissions, Ms. Palmer will assign each Finalist a rank between one (1) and ten (10) in each category, with a commensurate number of points assigned to each rank, and the Finalist with the highest aggregate ranking/points will be the Winner. In the event of any tie, Ms. Palmer will rank the tied Finalists in the category of General Ability and Talent, which shall include her assessment of their “Star Quality,” and the highest-ranked Finalist shall be the Winner. If a tie still remains, Sponsor and Administrator reserve the right to determine an appropriate tie breaker based upon a criteria that will be made known to the Finalist(s), as needed. If Ms. Palmer is unavailable for any reason to select a Winner, then Sponsor will engage an actor/actress or musician of similar standing or experience, in its sole and absolute discretion, to select the Winner.
The potential Winner will be notified by telephone and, after completion of additional verification (including an Affidavit/Declaration of Eligibility, Release and Assignment of Intellectual Property (“Affidavit”)) in the form provided by Sponsor or Administrator, the identity of the Winner will be identified publicly. If a potential Winner does not respond within seventy-two (72) hours after the first attempt to notify him/her/them that he/she/they has/have been selected to receive a prize, and/or if a potential Winner does not properly complete and execute any requested legal documentation, consents, assignments, or releases (within a reasonable timeframe specified by Sponsor or Administrator), including but not limited to the Affidavit, and/or otherwise satisfactorily complete the verification and non-infringement process, that potential Winner will be deemed to have forfeited the prize, the Finalist with the next highest rank/score will be selected as an alternate potential Winner in his/her/their place. If none of the Finalists claim the prize, Sponsor will select the Winner from among the Semi-Finalists and, if necessary, Short List Entrants, choosing the Semi-Finalist or Short List Entrant that received the highest judged score as the next alternate potential Winner until a Winner is selected. Any alternate potential Winner will also have seventy-two (72) hours to claim the prize and must satisfy all eligibility requirements.
If any potential winner or other entrant do/es not respond to communications from Sponsor or Administrator within seventy-two hours or some other reasonable amount of time specified by Sponsor or Administrator at any time, as determined in Sponsor’s or Administrator’s sole discretion, their Submissions may be removed from consideration. Sponsor shall be under no obligation to name a Winner if no suitable candidate is found. If a potential Winner is not available, does not consent to his/her/their selection, does not agree to these Terms or execute the Affidavit, or is otherwise deemed ineligible for any reason, the potential Winner will be deemed to have forfeited the prize, and the Entrant with the next highest score/rank, as applicable, will be selected as an alternate potential Winner. Noncompliance with these Terms and requirements, or inability to contact a potential Winner, may result in disqualification and naming of an alternate potential Winner. If Sponsor and/or Administrator is/are unable to determine and verify a potential winner after repeated attempts or if Sponsor and/or Administrator fail/s to receive a sufficient number of Contest Entrants to correspond to the number of prize(s) available to be awarded, Sponsor reserves the right to not award all prize(s).
ALL INFORMATION IN ANY ENTRY OR IN ANY MATERIALS SUPPLIED BY AN ENTRANT IS SUBJECT TO VERIFICATION BY SPONSOR AND ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. ALL ENTRANTS (INCLUDING THOSE SELECTED EITHER TO BE ON THE SHORT LIST AND AS FINALISTS), ARE NOT ENTITLED TO ANY EXPLANATION AS TO SELECTION DECISIONS AND NO SUCH EXPLANATIONS WILL BE PROVIDED. ENTRANTS WILL NOT BE ENTITLED TO THE RETURN OF SUBMISSION MATERIALS.
AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED, ANY AND ALL AFFIDAVIT(S), RELEASE(S), AND OTHER DOCUMENTATION HAS BEEN COMPLETED AND PROPERLY EXECUTED, AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
5. PRIZE: One (1) Winner will receive a cash prize of $50,000 USD from Sponsor upon signature of a release and confirmation of Sponsor’s rights to use the Submission as detailed herein. The prize will be fulfilled by Administrator and may be subject to tax withholding in accordance with applicable law.
Approximate Retail Value (“ARV”): $50,000 USD.
PRIZE RESTRICTIONS: Limit one (1) prize per person, per household. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein are the responsibility solely of winner. Prize cannot be substituted, assigned, or transferred; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. An IRS form 1099 will be issued to winner, who will be otherwise responsible for the payment of all taxes due. Only the number of prizes stated in these Terms and Conditions is available to be won in the Contest. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Terms and Conditions, winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.
In the event Winner engages in behavior prior to receipt of the full prize payment that is obnoxious or threatening, illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the prize with no further obligations or compensation whatsoever to Winner (which may, in Sponsor’s sole discretion, result in such Winner’s disqualification from the Contest and forfeiture of any (and/or all) prize(s). In the event Winner engages in behavior in connection with the Contest or the Prize that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects Winner to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by Winner as a result of such conduct. SPONSOR AND THE OTHER RELEASED PARTIES (AS DEFINED BELOW) SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY ASPECT OF PRIZE WINNER’S ACCEPTANCE OR USE OF THE PRIZE.
6. GENERAL CONDITIONS: This Contest is governed by the laws of the United States. Void where prohibited by law and not open to Entrants outside the United States. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY APP, PROGRAM, OR WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor’s failure to enforce any term of the Terms & Conditions of this Contest shall not constitute a waiver of that provision. McCormick & Company reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the website, and/or the legitimate operation of the Contest; to violate the Terms & Conditions; or to act in a disruptive, unsportsmanlike, or unprofessional manner or with the intent to annoy, abuse, threaten, or harass any other person. Entrants agree that the Released Parties (as defined below) are not responsible for (1) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in administering the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of Entries; or (5) any injury, loss, death, litigation, or damage, including without limitation injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from an Entrant’s participation in the Contest or receipt, acceptance, possession, or use or misuse of the Prize. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, or because of a force majeure event such as epidemic, natural disaster, war, strike, or insurrection, which corrupt or affect the operation, administration, security, fairness, integrity or proper conduct of this Contest, Sponsor may, in its sole discretion, decline to review any suspect Applications and Entries, and (a) modify the Contest or suspend the Contest to address the impairment and then resume the Contest in a manner appropriate in the circumstances; and/or (b) award the prize to a proposed Winner from among the eligible, non-suspect Applications received up to the time of the impairment in accordance with the selection criteria described above.
7. LIMITATIONS OF LIABILITY AND RELEASES:BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT SPONSOR, ADMINISTRATOR, SUNSHINE SACHS, LYLIS & MORGAN, AND ITS AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING AGENCIES, WEBSITE OR APPLICATION PROVIDERS, WEB MASTERS, ANY OTHER ENTITY INVOLVED IN THE MARKETING, PROMOTION, DEVELOPMENT, ADMINISTRATION, OPERATION, OR FULFILLMENT OF THE CONTEST, OR PREPARATION, MANUFACTURE, PROVISION, OR DELIVERY OF ANY PRIZE OR PRIZE COMPONENT, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION INJURIES, LOSSES OR DAMAGES TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, RECEIPT, POSSESSION, MISUSE, OR USE OF THE PRIZE, PREPARATION OF APPLICATION MATERIALS, SUBMISSIONS OR ENTRIES, THE ENTRY OF SUBMISSIONS OR ENTRIES, OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, MERCHANDISE DELIVERY, OR OTHER INTELLECTUAL PROPERTY RIGHTS ARISING FROM MATERIALS INCLUDED IN A SUBMISSION OR ENTRY.THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS CONTEST CANNOT BE ADMINISTERED OR CONDUCTED, IF A WINNER IS NOT IDENTIFIED OR AWARDED, OR IF A WINNER CANNOT BE NAMED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, EPIDEMICS OR WIDESPREAD ILLNESS, COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY, OR ANY OTHER SIMILAR ACT, EVENT, OR OCCURRENCE BEYOND THE REASONABLE CONTROL OF SPONSOR. BY PARTICIPATING IN THIS CONTEST, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY PROGRAM, APP OR WEBSITE ASSOCIATED WITH THIS CONTEST OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH APP, PROGRAM, OR SITE.ENTRANTS ARE SOLELY LIABLE AND RESPONSIBLE FOR THEIR ACTS AND OMISSIONS IN CONNECTION WITH THEIR ENTRIES, INCLUDING THE CONTENT OF THEIR SUBMISSIONS, AND HOLD THE RELEASED PARTIES HARMLESS WITH RESPECT TO SAME.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING THE FLAVOR MAKER APP, EACH WEBSITE ASSOCIATED WITH THIS CONTEST, THE SELECTION PROCESS, AND THE PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
8. PUBLICITY AND INTELLECTUAL PROPERTY RELEASE: EXCEPT WHERE PROHIBITED BY LAW, MAKING A SUBMISSION IN RESPONSE TO THIS CONTEST IRREVOCABLY GRANTS TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR, AND WHICH SUCH WRITING SHALL BE A MANDATORY CONDITION OF ADVANCING TO THE SHORT LIST ROUND), AND ITS AFFILIATES, SUBSIDIARIES, ADMINISTRATOR, ADVERTISING AND SWEEPSTAKES AGENCIES, AND THOSE ACTING PURSUANT TO ITS AUTHORITY OR PURSUANT TO A SUBLICENSE GRANTED BY THE FOREGOING, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, DISTRIBUTE, BROADCAST, AND USE, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB AND SOCIAL MEDIA, AT ANY TIME OR TIMES, THE ENTRANT’S SUBMISSION (INCLUDING THE COMPOSITIONS, SONGS, LYRICS, AND AUDIOVISUALS CONTAINED THEREIN), NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE), FOR ADVERTISING, TRADE, AND/OR PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS/HER/THEIR NAME OR A WINNER’S NAME ON TELEVISION OR RADIO BROADCAST OR ON SOCIAL MEDIA) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.THE FOREGOING RELEASE IS INDEPENDENT OF, AND IN ADDITION TO, THE ADDITIONAL ASSIGNMENT AND RELEASE TO BE SIGNED BY THE WINNER.
BY SUBMITTING AN ENTRY, ENTRANT AGREES THAT SUCH ENTRY, INCLUDING THE MUSIC AND VIDEO CONTAINED IN THE SUBMISSION AND ANY COMMUNICATIONS, CREATIVE SUGGESTIONS, IDEAS, NOTES, CONCEPTS OR OTHER MATERIALS THAT ENTRANT MAY SUBMIT WITH THE ENTRY OR IN CONNECTION WITH THIS CONTEST, INCLUDING ALL RIGHTS EMBODIED THEREIN, WHETHER SENT VIA THE SPONSOR WEBSITE, THE FLAVOR MAKER APP OR SOCIAL MEDIA PLATFORM OR ELECTRONIC MAIL OR SOME OTHER MEANS, ARE DEEMED TO BE NON-CONFIDENTIAL AND NON-PROPRIETARY AND SPONSOR SHALL HAVE NO OBLIGATION OF ANY KIND WITH RESPECT TO SUCH ENTRY. ENTRANT GRANTS SPONSOR and its AFFILIATES, SUBSIDIARIES, legal representatives, successors and assigns, THE ROYALTY-FREE, WORLDWIDE, AND IRREVOCABLE RIGHT TO EDIT, EXPLOIT, MODIFY, PUBLISH, REPRODUCE, USE, COPY, DISPLAY, DISCLOSE, DISSEMINATE, PERFORM, TRANSLATE, ADAPT, DISTRIBUTE, AND PERMIT OTHERS TO DO OR PERMIT ANY OF THE FOREGOING, THE ENTRY WITHOUT LIMITATION IN ANY AND ALL MEDIA NOW KNOWN OR NOT CURRENTLY KNOWN, IN ANY FORM OR FORMAT, THROUGHOUT THE WORLD IN PERPETUITY FOR ANY PURPOSE WITHOUT CONSIDERATION, COMPENSATION, PERMISSION OR NOTIFICATION TO ENTRANT OR ANY THIRD-PARTY. ENTRANT WARRANTS THAT THEY HAVE THE SOLE AND EXCLUSIVE RIGHT TO GRANT SUCH RIGHTS TO SPONSOR AND THAT SPONSORS’ REPRODUCTION, PUBLISHING, DISPLAYING, AND/OR OTHER USE OF THE ENTRY WILL NOT INFRINGE ON ANY RIGHTS OF THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, COPYRIGHT, TRADEMARK, PRIVACY, OR PUBLICITY, OR CREATE CLAIMS FOR DEFAMATION, FALSE LIGHT, MISAPPROPRIATION, OR BREACH OF CONTRACT. SPONSOR SHALL IN NO WAY BE OBLIGATED TO USE THE ENTRY. ENTRANT ACKNOWLEDGES AND AGREES THAT IF SPONSOR OR ANY OTHER PARTY DOES USE THE ENTRY, NEITHER ENTRANT NOR ANY OTHER PERSON INVOLVED WITH SUCH ENTRY SHALL BE ENTITLED TO ANY CREDIT, CONSIDERATION, COMPENSATION, NOTICE OR PAYMENTS OF ANY KIND. ENTRANT WAIVES ANY MORAL RIGHTS HE, SHE OR THEY MAY HAVE TO THE ENTRY, AND AGREES THAT IF SPONSOR ELECTS TO USE ENTRY FOR ANY PURPOSE, ALL RIGHTS UNDER COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS THAT MAY RESULT FROM THAT RELATING TO ENTRANT’S ENTRY OR FROM USE OF THE SAME BY SPONSOR SHALL BE THE SOLE PROPERTY OF SPONSOR. ENTRANT FURTHER AGREES THAT IF SPONSOR ELECTS TO USE ENTRANT’S ENTRY, ENTRANT WILL EXECUTE ANY DOCUMENTS REQUESTED BY SPONSOR REGARDING THIS ASSIGNMENT. IF ANY USE BY SPONSOR OF THE ENTRY CAUSES IT TO BE LIABLE TO ANY THIRD-PARTY, ENTRANT AGREES TO INDEMNIFY SPONSOR AND ITS AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES AND ALL RELATED PARTIES FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) WHICH IT INCURS AS A RESULT OF ITS USE OF THE ENTRY.
9.NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant understands and acknowledges that Sponsor and Administrator have wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to them or being developed by their own employees. Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to Entrant’s Submission and/or each other in theme, idea, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Sponsor’s or Administrator’s use of any such similar or identical material. Each Entrant acknowledges and agrees that Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the Submissions or any infringement or protection of the copyright in and to an Entrant’s Submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any material based on or allegedly based on the Submission, and the Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
10. DISPUTES: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest, the selection of a Winner, or the use of any Prize shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Maryland or the appropriate State Court located in Maryland; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest (not to exceed fifty US Dollars (US$50.00), but in no event attorneys’ fees; and (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses (not to exceed fifty US Dollars (US$50.00), and any and all rights to have damages multiplied or otherwise increased. Under no circumstances will Entrant be entitled to injunctive or equitable relief that suspends, enjoins or otherwise restrains the Contest process, the selection process, the promotion of same, or the selection of a Winner. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms & Conditions, or the rights and obligations of the Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Maryland, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of Maryland.
12. WINNER’S LIST: The name of the Winner will be posted on or about Wednesday, September 21, 2022 on McCormick’s TikTok, Instagram or by email request.
Copyright ©2022 McCormick & Company, Incorporated. McCormick & Company, Incorporated ® and other logos or trademarks listed herein are trademarks of McCormick & Company, Incorporated in the United States and other countries. All rights reserved.
*Corrected August 26, 2022.