BUILD A BETTER BURGER: 2016 Rules

SUTTER HOME BUILD A BETTER BURGER® RECIPE CONTEST 2016 - OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. This contest is sponsored by Sutter Home Winery, Inc., P.O. Box 248, St. Helena, CA 94574-0248 (the "Sponsor").

  1. INTRODUCTION: Sutter Home invites you to submit your most delicious and creative burger recipe to pair with its wines for a chance to take home a cash prize.

  2. ELIGIBILITY: The Sutter Home Build A Better Burger® Recipe Contest ("Contest") is open only to individuals who are legal residents of the 50 United States and the District of Columbia (except where prohibited or restricted by law), who are 21 years of age or older. The following individuals are not eligible to enter: employees, contractors, directors, shareholders and officers of Sutter Home Winery, Inc. ("Sponsor") and each of its respective subsidiaries and affiliated companies, distributors, wholesalers, retailers, suppliers, web design, advertising, fulfillment, judging and Contest agencies involved in the administration, development, fulfillment and execution of this Contest (collectively, "Contest Parties"), and the immediate family members (spouse, parent, child, sibling and spouse or "step" of each) and those living in the same households of each such individual. Any person who holds directly an alcohol beverage license or permit issued by a federal, state, county or local agency; or is employed by, or is an agent of, a company or entity that holds an alcohol beverage license or permit issued by a federal, state, county or local agency; and all family members of such person are not eligible to enter. Previous Grand-Prize Winners and Finalists of the Sutter Home Build A Better Burger® Recipe Contest are not eligible to participate.

  3. TO ENTER: Create an original burger recipe that is 600 words or less in length ("Recipe" or "Submission"). Refer to Rules 4-5 below for more details regarding the requirements for your Recipe. Enter your Recipe in the Contest between 12:00:01 AM ET on March 31, 2016 and 11:59:59 PM ET on July 31, 2016 ("Contest Entry Period") by following the entry process outlined below.

    The Contest will be conducted in two sequential phases: Recipe Judging to determine Top Five (5) Finalists followed by a Live Tasting Event to determine the Grand-Prize Winner.

    See chart below for Contest schedule.

    CONTEST SCHEDULE

    Phase Date(s)
    Contest Entry Period March 31, 2016 (12:00:01AM ET) – July 31, 2016 (11:59:59PM ET)
    Live Tasting Event Week of September 6, 2016
    Winner Announcement Approximately September 13, 2016

    IMPORTANT: You must complete all of the following steps in order to ensure your Recipe is submitted for review into the Contest:

    1. A. REGISTRATION
      • Proceed to the Sutter Home Website (www.sutterhome.com) ("Website") to register your Recipe for the Contest.
      • Once on the Website, click on the “Build A Better Burger” link and enter all of the requested information. You will be asked to provide your contact information, the name of your Recipe, your ideal Sutter Home wine pairing and input the text for your Recipe collectively. You will also have the option to include a cooking tip and/or upload a photograph of yourself or your completed burger with the entry. If you have questions on how to submit a Recipe or are having problems with the upload process, please visit the FAQs section on the Website. Complete the registration step by clicking the "Register Your Recipe" button.
      • If you prefer to enter by alternate means, refer to Rule 10 below.

      If you do not complete this registration step, your Recipe will not be submitted for review and possible inclusion into the Contest or eligible for a prize. Registration must be completed by 11:59:59PM ET on July 31, 2016 or your Recipe will not be submitted into the review process for the Contest.

    2. B. CONFIRMATION OF ENTRY
      • Once you click the "Register Your Recipe" button, you should see a "Thank You" page on your internet browser. This Thank You page confirms that your Recipe has been received and submitted into a review process. Your Recipe will be reviewed to ensure that your Submission complies with these Official Rules. Please note that at this point your Submission is undergoing review, and is not yet considered an Approved Entry into the Contest.
      • Once your Recipe is reviewed, you will receive a Confirmation Email at the email address you supplied on the registration form. If your Recipe complies with all Official Rules, the Confirmation Email will state that your Submission has been accepted as an Approved Entry into the Contest. If your Recipe is not accepted as an Approved Entry, the Confirmation Email will detail the reasons why your Recipe was declined.
      • Submissions that do not include all required information and do not adhere to the foregoing and following requirements will be considered void and will not be considered in the judging of this Contest.

      There is no limit to the number of Approved Entries an individual can submit in the Contest. An Approved Entry is defined as a Recipe that has been registered on the Contest Website through the process above and has received a corresponding Confirmation Email stating that the Recipe has been accepted into the Contest. The same Recipe may not be registered for the Contest more than once.

  4. CONDITIONS OF ENTRY: As conditions of entry into this Contest, and by entering a Submission, Entrant warrants and represents that the Submission:

    • is original and has been legally created;
    • does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party;
    • has not been entered in previous contests or won previous awards (Please note: recipes that were submitted to the Sutter Home Build A Better Burger® Recipe Contest in previous years MAY be updated and resubmitted as long as the recipe was not a Finalist or Grand-Prize Winner);
    • has not been published or distributed previously in any media.

    Entrant represents that he/she owns all rights to his/her Submission. Entrant further represents and warrants that the Entrant has obtained permission from each person whose name and/or picture ("Likeness") is included in the Submission, and that such person(s) have granted Entrant all necessary rights to use the person's Likeness as described in these rules, and that Entrant can make written copies of such permissions available to the Sponsor upon request. Sponsor's determination as to whether the Submission potentially violates the rights of any third party is final.

    By entering a Submission, Entrant irrevocably grants Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the unconditional and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the Entrant's Submission, including, but not limited to, the ingredients and cooking methods contained therein (in each case, as submitted or as edited/modified in any way by the Sponsor, in its sole discretion), as well as to use Entrant's name, likeness, photograph (collectively, "Likeness"), and/or statements regarding his/her participation in this Contest (with or without using the Entrant's name) in any and all media without limitation as to time or territory, and without additional compensation or approval from the Entrant or any other party. Entrant waives intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude the Sponsor's use of the Submission, and agrees not to sue or assert any claim against the Sponsor for the use of the Submission or Entrant's Likeness or statements.

    Entrant agrees to indemnify and hold Sponsor, its agencies and Contest Parties and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the "Indemnitees"), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Indemnitees due to or arising out of the Entrant's Submission, or the Entrant's conduct in creating a Submission or otherwise in connection with this Contest, including but not limited to claims for trademark infringement, copyright infringement; violation of an individuals right of publicity or right of privacy; or defamation. Entrant further agrees to release Sponsor from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes Entrant's rights with regard to any elements, characters or ideas contained in any Submission.

  5. SUBMISSION FORMAT AND CONTENT REQUIREMENTS: The Recipe must be 600 words or less in length and must be in English. Once you register your Recipe in the Contest, your Submission is final and may not be modified or edited. No Submissions will be returned. The person named as the registered owner of the email account associated with the Submission and named on the Contest Registration form for the Submission will be deemed the entrant ("Entrant"). In the event of dispute regarding the identity of an Entrant, dispute will be resolved in favor of the individual who is the "authorized email account holder" of the email address provided. "Authorized email account holder" is defined as the natural person assigned an email address by an Internet access provider, online service provider, or other organization (i.e., business, education institution) responsible for assigning email addresses for the domain associated with the submitted email address.

    If any group of individuals elects to collaborate on a Submission, they are required to designate one (1) representative to enter the Contest and accept the prize on behalf of the group. Neither Sponsor nor any of the Contest Parties are liable for any disputes between collaborators related to a Submission.

    Please note the following:

    • Submission may not refer to any company/brand or food or beverage brands other than Sutter Home.
    • All burgers must be composed of grilled patties (formed from ground beef or ground alternative foods) prepared on a gas or charcoal grill, served on buns, other bread products, or alternative wrappings such as lettuce, collectively referred to as “Bun”. Burgers may include any combination of condiments and toppings. Every component of the burger must be placed inside the Bun or served open-faced on the Bun.
    • Each Submission must include the name of the recipe, readily available ingredients (found in most well-stocked supermarkets), standard, unabbreviated U.S. measurements, (i.e., cups, tablespoons, teaspoons, ounces, or pounds), specific amounts for each ingredient (i.e., number of lettuce leaves, exact teaspoons of salt and pepper; do not say “to taste” for any ingredient, but list exact amount so reviewers can judge how the burger will taste), and be written to make six (6) regular-sized burgers or twelve (12) or eighteen (18) small burgers or "sliders." Each ingredient, including the Bun and all other elements, must be listed, preferably in order of use, followed by complete, step-by-step cooking instructions, including timing and temperature for any cooked components.
    • All recipes must be able to be prepared completely in sixty (60) minutes or less.
    • Submission must be entirely original and created by you. Use of any elements that are not original may result in disqualification of Submission, in Sponsor's sole discretion.
    • All Submissions will be reviewed before being published or judged; however, publication of a Submission does not mean the Submission has been deemed to be in compliance with these rules. Submissions that do not comply with these Official Rules or that otherwise contain prohibited, inappropriate, or irrelevant content as determined by the Sponsor, in its sole discretion, will be disqualified and will not be considered for a prize.

    Technical Requirements:
    The maximum file size for photo file uploaded to the Website is 5MB. Photo file(s) must be provided in a JPEG file format.

  6. WINNER SELECTION

    Determining The Finalist Recipes:
    From all Approved Entries received, five (5) potential Finalist Recipes will be determined.

    A panel of qualified independent judges selected by the Sponsor, whose decisions will be final and binding in all matters relating to this Contest, will judge each eligible recipe based on the criteria below:

    • Perceived Taste Appeal (40%) Does the recipe sound appealing?
    • Creativity (25%) Is this recipe creative and one of a kind?
    • Ease of Preparation (25%) Could anyone create this burger by following the recipe?
    • Perceived Wine Pairing (10%) Does the wine complement and enhance the burger?

    In the event of a tie, the tie will be broken based on the highest score in the first judging criteria (Perceived Taste Appeal), continuing thereafter to each judging criteria in order (Creativity, Ease of Preparation, Perceived Pairing With Wine), as needed to break the tie.

    All potential Finalists will be notified on or about August 24, 2016 and are subject to verification, including without limitation, verification of eligibility, compliance with these Official Rules, completion of all required documents and a personal background check (“Final Review Process”). Once five potential Finalists have cleared the Final Review Process, they will be declared the Top Finalists. Entrants agree that the Sponsor has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Sponsor are final and binding.

    Sponsor reserves the right to select fewer than five potential (5) Finalists if it does not receive a sufficient number of Approved Entries.

    Determining The Grand-Prize Winner:
    The five (5) Top Finalists’ recipes will be prepared by a team of qualified chefs at a Live Tasting Event the week of September 6, 2016.

    A panel of no less than four (4) qualified independent judges selected by the Sponsor, whose decisions will be final and binding in all matters relating to this Contest, will judge each burger based on the criteria below:

    • Taste (40%): Does the burger taste good?
    • Creativity (25%): Is this burger creative and one of a kind?
    • Ease of Preparation (25%): How easily were the chefs able to follow the recipe?
    • Pairing With Wine (10%): Does the wine complement and enhance the burger?

    In the event of a tie, the tie will be broken based on the highest score in the first judging criteria (Taste), continuing thereafter to each judging criteria in order (Creativity, Ease of Preparation, Pairing With Wine), as needed to break the tie.

    The one (1) Top Finalist with the highest total score will be declared the Grand-Prize Winner. The Grand-Prize Winner will be notified after the Live Tasting Event.

    Sponsor may photograph, videotape, and otherwise record the Live Tasting Event for promotional and other purposes as designated by Sponsor (collectively, “Footage”). Footage will be owned by Sponsor who has the right, along with its designees, to use, edit, adapt, post, stream, copy, exploit, and make derivative works from such Footage and all elements embodied therein, including any names and likenesses embodied therein, in any and all media now known or hereafter devised throughout the world, in perpetuity, for advertising, promotional, trade and other purposes.

  7. PRIZES:

    One (1) Grand-Prize Winner:
    The Grand-Prize Winner will receive a $25,000 cash prize. Prize will be awarded as a check payable to the winner. Approximate Retail Value (“ARV”) is $25,000.

    Four (4) Top Finalist Prizes:
    The other four (4) Top Finalists will each receive a $1,000 cash prize. Each prize will be awarded as a check payable to the winner. Approximate Retail Value (“ARV”) is $1,000.

    Approximate Retail Value (“ARV”) of all prizes is $29,000. Winners are responsible for any and all federal, state and local taxes or assessments and any person winning over $600.00 in prizes will receive an IRS Form 1099-Misc. from Sponsor for the calendar year in which the prize is awarded. Odds of winning depend on the number of eligible entries received.

  8. GENERAL CONDITIONS: Potential winners will be required to irrevocably assign and transfer to Sponsor any and all rights, title and interest in his/her Submission, including, without limitation, all copyrights, and agree to waive all moral rights in that Submission. Winners will be required to complete, sign and return an Affidavit of Eligibility, Liability Release, Copyright Assignment and, where lawful, a Publicity Release. In addition, winner will be subject to a background check. All completed documents must be returned to Sponsor within three (3) business days of the date notice was sent or winner’s status will be forfeited and an alternate winner may be selected. Notification of winner’s status must be kept confidential until their Submissions are publicly revealed by Sponsor.

    If for any reason the Contest is not capable of running as planned, including without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion to cancel, modify or terminate the Contest. Further, Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or any Sponsor; (b) violating the Official Rules, or (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsor reserves the right to require Grand Prize Winner to submit to a confidential background check to confirm eligibility as a condition of awarding the prize to help ensure that the use of any such person in advertising or publicity for the Contest will not bring Contest Parties into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest as determined by Sponsor in its sole discretion.

  9. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Contest Parties resulting from any user's participation in or attempt to participate in the Contest or ability or inability to upload any information in connection with participating in the Contest. No responsibility or liability is assumed by the Sponsor or Contest Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any email transmissions to be sent or received; lost, late, delayed or intercepted email transmissions; inaccessibility of the Website in whole or in part for any reason; traffic congestion on the Internet or the Website; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. Sponsor and Contest Parties are not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Website. Use of Website is at user's own risk. Sponsor and the Contest Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Contest, use of the Website or the download of any information from the Website. By participating in the Contest, the Entrant releases Sponsor and Contest Parties from any and all claims, damages or liabilities arising from or relating to such Entrant's participation in the Contest. By accepting a prize in the Contest, Winners agree that the Sponsor and Contest Parties shall not be liable for any loss or injury resulting from participation in the Contest, acceptance or use of any prize. Sponsor and Contest Parties are not liable in the event that any portion of the Contest is cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a "Force Majeure Event").

    Choice of Law: Contest is governed by the federal and state laws of the United States and void where prohibited by law. Any dispute arising from the Contest shall be governed by the laws of the State of California without regard to its conflict of laws rules and the Superior Court located in Napa County, State of California shall have jurisdiction over any action arising from the Contest. With respect to any suit, action or proceeding arising out of or related to this Contest, the parties hereby submit to the jurisdiction and venue of the Superior Court of Napa County, State of California, or to the U.S. District Court-San Francisco.

  10. TO ENTER BY MAIL: For those wanting to enter by mail, hand print your contact information, the name of your Burger and text for your Recipe on a plain piece of paper and mail to: "Sutter Home Build A Better Burger® Recipe Contest ”, c/o One Line Sports Agency, P.O. Box 610505, Bayside, NY 11361-0505. Group and mechanically reproduced entries, including photocopies, are not eligible. Sponsor will not be responsible for late, lost, illegible, mutilated, incomplete, misdirected or postage due entries. All mail-in entries must be postmarked by July 31, 2016. Each entry must be mailed separately. All entries become the property of Sponsor and will not be acknowledged or returned.

  11. WINNER LIST: For a list of Finalists and the Grand-Prize Winner, visit www.sutterhome.com or send a self addressed, stamped, envelope to: "Sutter Home Build A Better Burger® Recipe Contest Winner’s List”, c/o One Line Sports Agency, P.O. Box 610505, Bayside, NY 11361-0505. VT residents may omit return postage. Requests must be received by November 30, 2016.

  12. SPONSOR: Sutter Home Winery, Inc., P.O. Box 248, St. Helena, CA 94574-0248.

  13. ADMINISTRATOR: One Line Sports Agency, Inc., 29 Chelsea Drive, Syosset, NY 11791.