505 Day 2021 Recipe Contest - OFFICIAL RULES

CONTEST DESCRIPTION:  The 505 Southwestern “505 Day 2021 Recipe Contest” (the “Contest”) takes place from 12:00 a.m. Mountain Time (“MT”) on April 8, 2021 to 11:59 p.m. MT on May 5, 2021 (the “Contest Period”).  The Contest provides eligible entrants with the opportunity to upload a recipe (the “Recipe”) that incorporates at least one 505 Southwestern green chile, sauce or salsa product as more fully set forth below.  Eligible Recipes will be judged by representatives of Sponsor to select the three (3) prize winners, as described herein.  By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of 505 Southwestern LLC, 6455 South Yosemite Street, Suite 140, Greenwood Village, CO  80111 (“505SW” or “Sponsor”), which shall be final and binding in all respects. The Prize Provider for this Contest is also 505 Southwestern LLC (“505SW” or “Prize Provider”).

ELIGIBILITY: Only legal U.S. residents residing in the fifty (50) United States and Washington D.C., who are eighteen (18) years of age or older are eligible to enter. Employees, officers and directors of Sponsor, Prize Provider, their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, agents, successors and assigns, and Sponsor’s advertising and promotion agencies (collectively, the “Contest Entities”) and the immediate family members, and/or those living in the same household of each, are ineligible to enter the Contest or win a prize. Contest is void where prohibited by law.

HOW TO ENTER:   There is only one (1) way to enter the Contest. During the Contest Period go to www.505southewestern.com/505day2021 (the “Website”), complete the entry form with your complete name, email address, Instagram handle (optional), recipe name, recipe details and/or instructions (complying with the on-screen instructions and rules described herein), and photos and/or video of the recipe (complying with the on-screen instructions and rules described herein) (collectively, the entrant’s “Recipe”), and submit your entry.
Limit ten (10) entries per person.

Any Recipe submitted must meet the following “Video and Photo Requirements” (any entry that, in Sponsor’s sole and absolute discretion, violates the following criteria will be disqualified):

• Photo files must be provided in the JPG file format;
• No more than five (5) photos can be submitted;
• Video files must be provided in the MP4 file format and be less than 200MB in size;
• Entrant must be the rightful owner of the Recipe and the associated Photo and/or Video included with the entry or must have the rights, title, and interest necessary to utilize the Recipe and associated Photo and/or Video for the Contest in compliance with these Official Rules;
• Entrant must be the rightful owner of the e-mail address associated with the entry and Recipe;
• Recipes must NOT contain any material that infringes or violates any right of a third party including copyright, patent, trademark, trade secret or other proprietary rights;    
• Recipes must NOT include third parties/people who have not expressly authorized in writing the entrant to feature their name, image, likeness or voice in the Recipe or otherwise use such name, image, likeness or voice in accordance with these Official Rules (if applicable, any selected winner may be required to verify such authorization in the form of a release); 
• Recipes must NOT violate any law; and
• Recipes must NOT contain any content that is protected by copyright (without the express prior written consent of the owner of such right).

Note: Sponsor reserves the right, in its sole discretion, to disqualify any entry in the Contest if Sponsor views the Recipe as potentially infringing or otherwise a violation or potential violation of a third party’s rights or if it deems the Recipe to be objectionable.

All requested information on the Website must be completed to enter and to be eligible to win.   Any communication or information transmitted to Sponsor and/or the Website by electronic mail or otherwise is and will be treated as non-confidential and non-proprietary.  Proof of submission is not considered proof of delivery to or receipt of such entry.  Furthermore, Sponsor shall have no liability for any entry that is lost, intercepted, or not received by the Sponsor.

CONTEST JUDGING: At the conclusion of the Contest Period, the eligible Recipes will be judged by representatives of Sponsor in the Sponsor’s sole discretion to determine the three (3) prize winners based on the following weighted judging criteria: a) perceived flavor, scored out of a maximum of 75 points; and b) creativity, scored out of a maximum of 25 points.

The judging of Recipes will be conducted under the supervision of Sponsor whose decisions are final and binding in all respects relating to winner selection. In the event of a tie, the tied entrants will be re-judged by an additional judge who shall be determined in the Sponsor’s sole discretion and will serve as a tie-breaker using the same criteria as outlined herein.

WINNER NOTIFICATION: The three (3) potential prize winners will be notified by e-mail using the contact information provided at the time of entry on or about May 19, 2021.  Sponsor shall have no liability for any winner notification that is lost, intercepted, or not received by a potential winner for any reason.  If, despite reasonable efforts, a potential winner does not respond within seventy-two (72) hours of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected based on the judging results.  Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners of a prize in accordance with judging criteria noted above, after which the prize in question may go unawarded if it remains unclaimed.  Sponsor shall have no liability for any winner notification that is lost, intercepted, or not received by a potential winner for any reason. Any potential prize winner must execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If winner fails or refuses to sign and return all Prize Claim Documents within five (5) days after prize notification (or a shorter time if required by exigencies), winner may be disqualified and an alternate winner may be selected. The winner will be issued a 1099 tax form following the receipt of the prize for the actual retail value of the prize and will be required to provide Sponsor with his or her social security number for purposes of same.
 
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION:  Each entrant represents and warrants as follows: (i) the Recipe is the entrant’s own original work; (ii) the Recipe is wholly original with the entrant; and (iii) the Recipe does not and will not violate any applicable laws.  Each entrant hereby agrees to indemnify and hold the Contest Entities harmless from and against any and all third party claims, actions, or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder. 

GRANT OF RIGHTS: Each entrant into the Contest hereby irrevocably grants to Sponsor, its designates, affiliates, successors and assigns, the non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display the Recipe in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms of Internet and wireless protocol in perpetuity and throughout the universe for advertising, marketing, publicity and promotional purposes.  Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Recipe for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein.

PUBLICITY RELEASE:  By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in or winner of the Contest, each entrant irrevocably grants the Contest Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, likeness, and biographical information in any and all media for any purpose, including without limitation, advertising and promotional purposes and hereby releases the Contest Entities from any liability with respect thereto. 

MARKETING PERMISSIONS: By participating in the Contest, the entrant acknowledges that his or her information will be transferred to Mailchimp for processing and consents to receive marketing communications from Sponsor. Entrant may unsubscribe at any time by clicking the link the footer of Sponsor’s emails.

PRIZES/APPROXIMATE RETAIL VALUES:  One (1) “First Place” Prize is available.  The “First Place” Prize consists of $1,000 and having the entrant’s Recipe featured on the packaging or label of the 505 Southwestern product used in the winning Recipe. If multiple 505 Southwestern products were used, the specific product to feature the winning Recipe on its packaging or label shall be determined by Prize Provider in its sole discretion. The timing of when the Recipe will appear on the label shall be determined by Prize Provider in its sole discretion, provided that Prize Provider shall make reasonable efforts to feature the recipe on the packaging or label when possible, provided that the Prize Provider shall not be required to endure any financial burden in order to implement a new label that features the winning Recipe. The Sponsor cannot and will not be able to influence when that label will be available in a retail setting. Moreover, if the product used in the winning recipe is no longer produced by the Sponsor or is no longer sold, which the Sponsor cannot control, the portion of the prize that includes the entrant’s Recipe featured on the packaging or label of the 505 Southwestern product used shall be forfeited and no substitute shall be required. The approximate retail value (“ARV”) of the “First Place” Prize is $1,000.

One (1) “Second Place” Prize is available.  The “Second Place” Prize consists of one year’s worth of 505 Southwestern products and the 505 Southwestern “Cooking Pack”. One year’s worth of 505 Southwestern products shall be defined as 24 16oz jars of 505 Southwestern products. The specific products or flavors included shall be determined by the Prize Provider in its sole discretion. The “Cooking Pack” shall include a variety of items as determined by the Prize Provider in its sole discretion but may include items such as a 3-piece BBQ tool set, a butcher block, a Yeti mug, and/or an apron. Entrants must have a residential address in the Lower 48 United States (also known as the contiguous continental states area of the United States of America) to be eligible for this Prize. Prize Provider cannot ship the “Second Place” Prize to Alaska, Hawaii, or other US Territories that are not part of the Lower 48 United States, or to any PO Box, APO, FPO, or DPO address. The ARV of the “Second Place” Prize is $300.

One (1) “Third Place” Prize is available. The “Third Place” Prize consists of one (1) “For the Love of 505 Pack”. The “For the Love of 505 Pack” shall include 6 16oz jars of 505 Southwestern products. The specific products or flavors included shall be determined by the Prize Provider in its sole discretion. The “For the Love of 505 Pack” shall also include other items as determined by the Prize Provider in its sole discretion but may include items such as a 3-piece BBQ tool set, a butcher block, and/or a Yeti mug. Entrants must have a residential address in the Lower 48 United States (also known as the contiguous continental states area of the United States of America) to be eligible for this Prize. Prize Provider cannot ship the “Second Place” Prize to Alaska, Hawaii, or other US Territories that are not part of the Lower 48 United States, or to any PO Box, APO, FPO, or DPO address. The ARV of the “Third Place” Prize is $200.

Actual value of prizes may vary. Any difference between stated value and actual value will not be awarded. All other costs associated with prize acceptance and use not specified herein as being provided are the sole responsibility of the winner. Winner may not substitute, assign, or transfer prize or redeem prize for cash (notwithstanding the $1,000 cash prize in the First Place Prize), but Sponsor and/or Prize Provider reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value. All prize details are at Sponsor’s sole discretion. Prizes are subject to certain terms and conditions, as specified by issuer. Restrictions may apply.

GENERAL PRIZE CONDITIONS:  The prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize.

Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Contest.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
 
GENERAL LIABILITY RELEASE: By participating in the Contest, each entrant agrees that the Contest Entities (i) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest or in any Contest related activity, or from entrant’s acceptance, receipt, possession and/or use or misuse of any prize, and (ii) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize and specifically disclaim all such warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose.  The Contest Entities assume no responsibility for any damage to an entrant’s or any other person’s computer system which is occasioned by accessing the Website or otherwise participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature.  Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, or stolen submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, web sites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of the prize or in any prize notification documents, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.  If, for any reason, the Contest is not capable of running as planned, including, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right in its sole discretion to cancel, terminate, modify, suspend or extend the Contest and, in the event of any termination or cancellation, select winners from among all eligible, non-suspect entries received prior to the termination or cancellation.  Any attempt by an entrant or any other individual to deliberately damage the Website or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person in connection with the Contest, is in violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to disqualify the applicable individual and seek damages and other remedies from any such person to the fullest extent permitted by law.  If any provisions of these Official Rules are determined to be invalid or unenforceable, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or unenforceable provision were not contained herein.
 
NO OBLIGATION TO USE:  Sponsor shall have no obligation (express or implied) to use any Recipe, or to otherwise exploit any Recipe or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of any Recipe for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
 
FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments or certificates of engagement for the Recipe or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor’s request therefor.

GOVERNING LAW/JURISDICTION:  ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF COLORADO WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
 
WINNER’S LIST:  The names of the winners shall be posted on the Website after the winners are determined.