Request for Proposals – Terms and conditions
McCormick & Company, Incorporated (“McCormick”) is seeking candidates for a “Director of Taco Relations” consulting opportunity. The Director of Taco Relations will be selected by McCormick based on a review of Applicants’ application materials (“Application”), interviews, and other appropriate criteria (as further described below). The candidate that is selected to serve as the Director of Taco Relations will be offered a consulting opportunity with McCormick for up to 4 months, during which he/she/they will provide the services described in the Scope of Work described below and available within as “Exhibit A” here undertake the following duties [describe] and be paid fees of up to $100,000 (up to $25,000/month). The consulting opportunity described herein is as an independent contractor and not as an employee of McCormick. The selected candidate must enter into the Director of Taco Relations Consulting Agreement (“Consulting Agreement”) and provide service as described therein to receive any compensation. The selected candidate must also be available to provide services beginning in September 2021 through December 2021, must be a legal U.S. resident with the right to work in the United States, must be over the age of 21, must not be under any scheduling, contractual, or other impediment that would prevent the provision of services as set forth in the Consulting Agreement, and must meet all other terms, conditions, and requirements set out herein and in the Consulting Agreement.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO APPLY FOR THIS CONSULTING OPPORTUNITY. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF BEING SELECTED. The application period begins at 9:00:00 AM Eastern Time (“ET”) on July 13, 2021 and ends at 11:59:59 PM ET on July 20, 2021, as indicated on McCormick’s networks (the “Application Period”). Void outside the fifty (50) United States and the District of Columbia, and where prohibited by law. THIS IS NOT A SWEEPSTAKES, GAME OF SKILL OR GAME OF CHANCE.
1. This Request for Proposals (“RFP”) has been prepared by McCormick. Sunshine Sachs, located at 136 Madison Avenue, New York, New York 10016, will supply certain administrative services in connection with the RFP and the selection process (“Administrator”).
2. ELIGIBILITY: The RFP is open only to legal U.S. residents residing in the fifty (50) United States and the District of Columbia who are at least twenty-one (21) years of age at the time of submitting the application (the “Applicant”). Applicants must have the legal right to work in the United States, an active driver’s license, and a clean driving record. Applicants must also, if selected, be available to provide the services required of the Director of Taco Relations consulting opportunity between September 2021 and December 2021, including travel, and must not be under any scheduling, contractual or other impediment that would prevent the provision of services as set forth in the Consulting Agreement. The selected candidate will be subject to a background check and drug screening, consistent with applicable law and McCormick policies in effect at the time. Employees, officers, directors, and contractors of McCormick or its parents, subsidiaries, affiliates, representatives, consultants, contractors, agents, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies (collectively, the “McCormick Entities”) are not eligible to apply. McCormick reserves the right to verify the eligibility of the selected candidate and will request a form W-9 at the time of contracting. Submitting an application constitutes applicant’s full and unconditional agreement to these Terms & Conditions and to McCormick’s decisions, which are final and binding in all matters related to the RFP. For purposes of clarity, however, the terms and conditions applicable to the provision of services by the selected candidate will be set forth in the Consulting Agreement.
3. DIRECTOR OF TACO RELATIONS CONSULTING OPPORTUNITY – SCOPE OF WORK. The overview of the opportunity, the scope of work, obligations and terms and conditions of the Director of Taco Relations consulting opportunity can be found herein as “Exhibit A.” Agreement to the Consulting Agreement is also a prerequisite of the engagement.
4. TO ENTER: Applicants should submit an application using the application form (“Application Form”) found here www.McCormick.com/DirectorofTacoRelations and a supporting video proposal (the “Proposal”) using the guidelines found here: www.McCormick.com/DirectorofTacoRelations. All applications must be submitted via www.McCormick.com/DirectorofTacoRelations. Applicant must provide all required information on the Application Form, including without limitation, first and last name and email address, to be considered. In addition to the Application Form and the Proposal, Applicants may include up to one page (in Word or .pdf format) of additional information, including experience or other qualifications. The defined term “Proposal” shall also include any such additional information. Applications must be submitted by the participant and not on their behalf. In the course of the application process, Applicant may be asked to answer optional questions and/or register for future notices; however, you need not answer these questions or agree to receive future emails in order to apply for the position.
Requirements for Proposals:
Video Proposals should address the questions in the guidelines and meet the following requirements:
Any applications submitted that exceed the size or time limits, or are not in one of the accepted formats, as applicable, or that are missing required information, will not be considered.
ALL Proposals and supporting materials:
By applying, each Applicant warrants and represents that: (a) all information contained on Applicant’s Application Form is true and correct, and (b) his/her/their Proposal is original, has not been previously published, 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. Applicants further warrant and represent that they have secured the requisite consent from any third party referenced and/or included in their Proposals, including any consent required for McCormick to distribute, publish and use the Proposal for marketing and promotional purposes, and can produce evidence of such consent in writing upon request. McCormick reserves the right in its sole and unfettered discretion not to consider any application that it believes contains obscene, offensive or inappropriate content, that does not comply with these Terms & Conditions, or that is not consistent with the spirit of the RFP and the values of McCormick.
Applicant acknowledges and agrees that if he or she chooses to post or share his or her Proposal, he or she will clearly and conspicuously disclose that he or she is participating in this RFP in any such online social sharing interaction that references the RFP. At a minimum, the hashtag #McCormickRFP or #promoted or some other hashtag or disclosure that identifies the post as associated with the RFP should be included in all social media communications sent in connection with this RFP.
Any attempt by an Applicant to submit more than one application by using multiple and/or different identities, forms, registrations, addresses or any other method will void all of that Applicant’s applications and that Applicant may be disqualified at McCormick’s discretion. Multiple Applicants are not permitted to share the same email address. Applicants are responsible for all costs incurred in connection with preparing their applications, and such costs will not be reimbursed. Normal Internet, phone and usage charges imposed by your online or phone service may apply. Incomplete, illegible, corrupted, or untimely applications are void and will be disqualified. McCormick and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible applications; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, 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. Applicants specifying an invalid, non-working, or inactive email address will not be selected for the Short List (as defined below).
5. SELECTION OF CANDIDATE: Applications will be reviewed by McCormick’s and Administrator’s review panel, and a short list of candidates will be selected for additional consideration (the “Short List”).Applicants on the Short List will be contacted by Administrator and asked to participate in additional processes, including interviews.Short List candidates may be subject to reference checks and application verification.
Finalists will be selected from the Short List by a panel of McCormick executives based on qualifications for the role, as determined by McCormick in its sole and absolute discretion. Finalists’ will be notified on or about August 16, 2021, and Finalists may be asked to engage in an additional process to identify the final candidate.
Once a final candidate has been identified and has signed the Director of Taco Relations Independent Contractor Agreement, the selected candidate’s name will be released to the public on or about September 1, 2021.
All Applicants agree to the publication, use, distribution, sharing and display of their Proposals by McCormick, including for public relations, marketing, and promotional purposes, on social media or in any other media now or hereinafter developed. Applicants grant McCormick an irrevocable, worldwide right and license to do so. Short List candidates and finalists further agree to the sharing and use of their other information as indicated above.
If applicants do not respond to communications from McCormick or Administrator within a reasonable amount of time, their applications may be removed from consideration. McCormick shall be under no obligation to retain a contractor if no suitable candidate is found. If a selected candidate is not available or does not agree to the Consulting Agreement, or otherwise comply with these Terms & Conditions, an alternative candidate may be selected from the Short List.
Except where and to the extent legally prohibited, the selected candidate may be required to undergo a background check and drug testing/screening, to submit an Eligibility Affidavit and W-9, and to undergo customary and appropriate verification processes.
Each Short List candidate MUST verify that he, she or they is available to provide the services set forth in the Consulting Agreement, meet all of the requirements of the Scope of Work (including access to a smart phone/remote networking and the ability to travel), and is not under any scheduling, contractual or other impediment that would prevent the provision of services as set forth in the Consulting Agreement.
All information in applicant’s application is subject to verification by McCormick and/or administrator, whose decisions are final and binding in all matters related to the RFP. Applicants are not entitled to any explanation as to selection decisions and no such explanations will be provided. Applicants will not be entitled to the return of application materials.
An applicant has not been engaged as director of taco relations unless and until a consulting agreement has been signed by both parties.
6. GENERAL CONDITIONS: This RFP is governed by the laws of the United States. Void where prohibited by law and not open to applicants outside the United States. WARNING: any attempt by an applicant or any other individual to deliberately damage any website associated with this RFP or undermine the legitimate operation of the RFP may be a violation of criminal and civil law, and, should such an attempt be made, McCormick reserves the right to prosecute and seek damages from any such person to the fullest extent permitted by law.
McCormick’s failure to enforce any term of the Terms & Conditions of this RFP shall not constitute a waiver of that provision. Neither McCormick nor anyone acting on its behalf will enter into any communications with any Applicant regarding this RFP, except as expressly set forth in this RFP. Notwithstanding the foregoing, McCormick reserves the right to contact applicants as appropriate in connection with the review of an application. McCormick reserves the right at its sole discretion not to consider any individual it finds to be attempting to tamper with or undermine the application process, the website, and/or the legitimate operation of the RFP; to violate the Terms & Conditions; or to act in a disruptive or unprofessional manner or with the intent to annoy, abuse, threaten, or harass any other person. McCormick and the other Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by applicants, printing errors or by any of the equipment or programming associated with or utilized in administering the RFP; (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 RFP process; (4) technical or human error which may occur in the administration of the RFP or the processing of applications; or (5) any injury or damage, including injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from an applicant’s participation in the RFP or engagement to provide services. If, for any reason, the RFP 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 McCormick, 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 RFP, McCormick may, in its sole discretion, decline to review any suspect applications, and (a) modify the RFP or suspend the RFP to address the impairment and then resume the RFP in a manner appropriate in the circumstances; and/or (b) select a candidate 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 RFP, applicant agrees that McCormick, administrator, and its and their respective parent companies, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing, website providers, web masters, 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 applicants 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 preparation of application materials, the submission of an application, or participation in this RFP or in any RFP-related activity, or engagement to provide services, or any claims based on publicity rights, defamation or invasion of privacy, or other intellectual property rights arising from materials included in an application or proposal, including if and when a proposal is distributed by McCormick for promotional or marketing purposes. The released parties are not responsible if this RFP cannot be administered or conducted, if a director of taco relations is not identified or retained, or if the position cannot be filled 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, compliance with any law or order of a governmental authority, or any other similar act, event, or occurrence beyond the reasonable control of McCormick. By participating in this application process, applicant agrees that the released parties will not be responsible or liable for any injuries, damages, or losses of any kind, including direct, indirect, incidental, consequential, or punitive damages to persons, including death, or to property arising out of access to and use of any website associated with this RFP or the downloading from and/or printing material downloaded from such site. Applicants are solely liable and responsible for their acts and omissions in connection with their application and proposal and hold the released parties harmless with respect to same.
8. PUBLICITY AND INTELLECTUAL PROPERTY RELEASE: except where prohibited by law, submission of an application in response to this RFP irrevocably grants to McCormick (which grant will be confirmed in writing on request of McCormick, and which such writing shall be a mandatory condition of advancing to the short list stage), and the released parties the right and permission to print, publish, 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 applicant’s proposal, name, portrait, picture, voice, likeness, opinions and biographical information (including but not limited to hometown and state) as included in an application, for advertising, trade, and promotional purposes (including the announcement of his or her name on television or radio broadcast or on social media) without additional consideration, compensation, permission, or notification.
Without limiting the foregoing, everything regarding this RFP, including each website associated with this RFP, the selection process, and the position of director of taco relations, 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.
9. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Applicant understands and acknowledges that McCormick 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 Applicant also acknowledges that many ideas may be competitive with, similar or identical to Applicant’s Proposal and/or each other in theme, idea, format, or other respects. Each Applicant acknowledges and agrees that such applicant will not be entitled to any compensation because of McCormick’s or Administrator’s use of any such similar or identical material. Each Applicant acknowledges and agrees that McCormick 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 infringement or protection of the copyright in and to an Applicant’s Proposal. Finally, each applicant acknowledges that, with respect to any claim by Applicant relating to or arising out of McCormick’s actual or alleged exploitation or use of any Proposal or other material submitted in connection with the RFP, the damage, if any, thereby caused to the applicable Applicant will not be irreparable or otherwise sufficient to entitle such Applicant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Proposal or any material based on or allegedly based on the Proposal, and the Applicant’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, Applicant agrees that:(1) any and all disputes, claims and causes of action arising out of or connected with this RFP, the selection of a candidate, or the engagement of a Director of Taco Relations 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 RFP, but in no event attorneys’ fees; and (3) under no circumstances will applicant be permitted to obtain awards for, and Applicant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Under no circumstances will Applicant be entitled to injunctive or equitable relief that suspends, enjoins or otherwise restrains the RFP process, the selection process, the promotion of same, or the selection of a Director of Taco Relations. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms & Conditions, or the rights and obligations of the Applicant and McCormick in connection with the RFP, 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. SELECTED CANDIDATE: The name of the candidate engaged as Director of Taco Relations will be released publicly via a U.S. newswire service.
Copyright ©2021 McCormick & Company. McCormick & Company ® and other logos or trademarks listed herein are trademarks of McCormick & Company in the United States and other countries. All rights reserved.
TERMS & REQUIREMENTS:
Submissions subject to requirements, review criteria, and Terms & Conditions, available at www.McCormick.com/DirectorofTacoRelations.
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