OFFICIAL RULES & REGULATIONS: US Foods Social Media Photo Contest
NO PURCHASE NECESSARY.
ELIGIBILITY: Open to legal residents of the U.S. 21 years of age or older who are US Foods, Inc. customers (“Entrants” or “Operators”) on or before October 31, 2017 and are in good credit standing with US Foods as of the date eligible winners will be selected, November 9, 2017. Eligible Operators must have an Instagram account in the Operator’s establishment’s name (personal Entrant accounts will not be accepted). US Foods’ employees and its promotional partners’ respective parent companies, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, their immediate family members and persons living in their same household, are not eligible to participate.
Participation in the US Foods Social Media Photo Contest (the “Contest”) constitutes Entrant’s full and unconditional agreement to and acceptance of these Official Rules and Regulations (“Official Rules”). Contest is in no way sponsored, endorsed or administered by Instagram. Photos must be clear, crisp, well-lit and display the entire plate.
TO ENTER: Entries accepted beginning 12:00AM October 1, 2017 through 11:59PM October 31, 2017. Sponsored by US Foods, Inc. (“US Foods” or “Sponsor”). Entrants must upload a photo to Entrant’s establishment’s account on Instagram depicting a dish created using US Foods’ Fall 2017 Scoop Products which will be posted on September 18, 2017 at: https://usfoods.com/content/www/home/food/scoop/fall-scoop.html. Entrants may use sample products obtained from US Foods at no cost to Entrant. The dish itself does not necessarily have to appear on the establishment’s menu. Entrant should caption the photo using the hashtags #makeitwithMarcus, #Contest, and tag @usfoods, and include a description of the ingredients, the name of the dish, and the name of the US Foods customer account holder, beginning 12:00AM CST October 1, 2017. All entries must be posted to Instagram no later than 11:59PM CST October 31, 2017. Only one entry per establishment.
Each Entrant must be the US Foods customer account holder and be the rightful owner, or have authorized use, of the establishment’s Instagram account identified in Entrant’s entry no later than October 31, 2017.
Requirements for entry submissions:
Photographs submitted MUST:
- Be the entrant’s original idea (modification of an original work is not an original idea).
- Be no larger than 5 megabytes (“MB”).
- Be in digital form (either .jpg, .gif, .bmp).
- Preferred dimensions: 320 pixels (width) x 240 pixels (height).
- MUST be of satisfactory quality (i.e., brightness, focus, etc.) Any Photograph submitted that is not of satisfactory quality may be rejected, at Sponsor’s sole discretion.
- Must show the entire plating of the dish
- MUST be the Entrant’s original idea (modification of an original work is not an original idea). Submissions MUST NOT copy or otherwise plagiarize from any source.
- MUST NOT contain material which is (or promote activities which are) in Sponsor’s sole 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 where the Entry is created in their application.
- 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, entry submissions must not include third-party trademarks, logos, insignia, location signage, photographs, artwork, or sculptures, except those of Sponsor.
- MUST NOT include mention or performance of any copyrighted media production including but not limited to books, articles, photographs, artwork, music, etc., or identifying descriptions of any media property. Entry submissions must not include commercial music.
- MUST NOT include third parties, including but not limited to minors, celebrities and friends, who have not expressly authorized entrant to display their image or likeness in any submitted application or otherwise use such images or likenesses in accordance with these Official Rules. Entrant must be prepared to provide signed third party authorizations upon request.
By entering, each entrant warrants and represents that his/her entry is original, has not been previously published or won any award, does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including patents, copyrights, trademarks 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 entries. Sponsor reserves the right in its sole and unfettered discretion to disqualify any entry that it believes contains obscene, offensive or inappropriate content, that does not comply with these Official Rules or that is not consistent with the spirit or theme of the Contest.
Selection of Winning Entries: All Contest entries meeting the requirements of these Official Rules will be entered into the drawing which shall be held on or around November 9, 2017. Five winners shall be selected by a panel of three judges from all eligible entries received. Entries shall be judged on originality (40%), composition/plating (30%), use of ingredients (20%) and photo quality (10%). The winners will be notified through private message via the social media account used to submit the photo as well as by phone. The winners shall have 48 hours from time of notification to respond to the US Foods to accept the prize below. If the winner does not respond, or upon response, rejects the prize, a new winning entry will be chosen from the remaining eligible entries. The winners will be announced November 13, 2017 via social media.
PRIZE: Five (5) winners (collectively, “Winners” and individually a “Winner”), one (1) winner from each US Foods’ geographic region (as defined by US Foods) will be selected from the eligible entries and will win an all-expenses paid trip for each Winner and one (1) guest to New York City December 12, 2017 through December 14, 2017, including airfare, accommodations and transportation, subject to the restrictions below. Winner and guest will have dinner at Marcus Samuelsson’s Red Rooster Restaurant in Harlem on December 12, 2017, and also attend the Careers through Culinary Arts Program (“C-CAP”) Gala in New York City on December 13, 2017, at no cost to the Winners and their guests. Winners and their guests shall each receive a gift card for additional meals and ground transportation in the amount of Seventy-Five Dollars ($75.00) per day per person of the trip. The odds of winning the prize are solely dependent upon the total number of eligible entries received. Winners are solely responsible for any and all federal, state, provincial and local taxes that apply to prizes. No cash or other substitution of prizes is permitted. The approximate total value of each prize is: $3000.00 ($1,500 per person based on double occupancy). The approximate total value of all prizes to be awarded is: $15,000. If a potential Winner and his/her guest are unavailable to travel within any time period specified by US Foods, or in the event that a potential Winner is disqualified for any reason, US Foods will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries. The Winners’ US Foods Territory Managers for their US Foods customer accounts will also be given the opportunity to be eligible to participate in the trip and the events therein.
Notification of Winners: The Winners will be notified within two (2) days of the prize drawing, and may be required to sign and return an affidavit of eligibility and publicity/liability release within seven (7) days of notification. If a selected Winner cannot be contacted, is ineligible, fails to claim a prize and/or where applicable an affidavit of eligibility and publicity/liability release is not timely received, is incomplete or modified, prize may be forfeited and an alternate Winner will be selected form remaining valid, eligible entries timely submitted.
PRIZE RESTRICTIONS: 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, including but not limited to, change of air travel fees, ground transportation, automobile insurance, meals, incidentals, passenger tariffs or duties, surcharges, service charges or facility charges, personal charges at lodging, security fees and/or other expenses, are the responsibility solely of winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, US Foods reserves the right to make equivalent prize substitutions at its sole discretion. US Foods will not replace any lost or stolen prizes or components of a prize(s). Prize cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these Official Rules 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 Official Rules, an alternate 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.
Travel must be completed by December 14, 2017. US Foods will, in its sole discretion, determine which airport is closest to the winner’s home. If Winner resides within a 100 mile- radius of New York City, US Foods reserves the right to substitute round-trip ground transportation to/from Winner’s residence in lieu of air transportation. Winner and guest must travel together. Travel subject to availability and blackout dates. Winner and guest are responsible for obtaining all necessary travel documents. Travel arrangements must be made through US Foods’s agent and on an airline carrier of US Foods’s choice. If required, winner must be available to travel on dates specified by US Foods or risk forfeiting prize. Certain travel restrictions may apply. Winner’s travel companion must be at time of prize fulfillment at least twenty-one (21) years of age or older, and must complete and return a liability/publicity release prior to prize award. Winner and guest must travel together on the same itinerary. If Winner elects to travel or participate in the prize travel without a guest, no additional compensation will be awarded. If Winner elects to travel or participate in prize travel with more than one (1) guest, such additional guest(s) shall be responsible for any and all costs associated with such travel. Winner and guest are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that US Foods has not and will not obtain or provide travel insurance or any other form of insurance. No refund or compensation will be made in the event of the cancellation or delay of any flight except at the sole discretion of US Foods. Travel is subject to the terms and conditions set forth in this Promotion, and those set forth by US Foods’s airline carrier of choice as detailed in the passenger ticket contract. The passenger contracts in use by the airlines or other transportation companies shall constitute the sole contracts with respect to the prize winner's and his/her guest's transportation and such contracts shall be solely between the prize winner, his/her guest and such transportation companies. Lost, stolen or damaged airline tickets will not be replaced or exchanged. No stopovers are permitted on tickets issued as part of the prize. If a stopover occurs, the prize travel will terminate and Winner and his/her guests will be responsible for the full fare which will be charged from the stopover point for the remaining trip segment(s), including the return. US Foods shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any air carrier(s) or other transportation companies or any other persons providing any of these services to passengers including any results thereof such as changes in services or accommodations necessitated by same. All airline tickets issued in connection with the prize are not eligible for frequent flyer miles and are not eligible for upgrades. Winner and guests must comply with all hotel check-in requirements, including, but not limited to, the presentation of a major credit card. Air transportation and hotel accommodations must be taken together and cannot be taken separately.
CONDITIONS OF PARTICIPATION: By entering, you agree to be bound by these Official Rules and by the decision of US Foods, which are final and binding on all matters pertaining to this Contest. No transfer, assignment, or substitution of prize permitted, except US Foods reserves the right to substitute prize (or prize component) for an item of equal or greater value at US Foods’ sole discretion. Nothing in these Official Rules shall obligate US Foods to publish or otherwise use any entry submitted in connection with this Contest. All federal, state, provincial and local laws and regulations apply.
EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE CONTEST CONSTITUTES WINNER’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), 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, AT ANY TIME OR TIMES, THE WINNER’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE WEBSITE AND ALL 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.
False or deceptive entries or acts will render the Entrant ineligible. US Foods, in its sole discretion, reserves the immediate and unrestricted right to disqualify any entrant or prize winner, if either commits or has committed any act, or has been involved or becomes involved in any situation or occurrence which US Foods deems likely to subject US Foods, entrant or winner to ridicule, scandal or contempt or which reflects unfavorable upon US Foods in any way. If such information is discovered by US Foods after a winner has received notice of its prize and before the prize is awarded, US Foods may rescind the prize intis entirety. If a portion of his/her prize has already been awarded, US Foods may withdraw the remainder of the prize that has not been fulfilled. In the event Winner or guest engages in behavior during travel that (as determined by US Foods in its sole discretion) is obnoxious or threatening, intended to threaten or harass any other person, illegal, tortious, or subjects Winner or guest to arrest or detention, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of US Foods or any of US Foods’s services, products, trademarks, service marks, or logos, US Foods reserves the right to terminate the travel early, and send Winner and/or guest home with no further obligations or compensation whatsoever to Winner and/or guest (which may, in US Foods’s sole discretion, result in such Winner’s disqualification from the Contest and forfeiture of any (and/or all) prize(s) and US Foods shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by Winner or guest as a result of such conduct. US FOODS SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF PRIZE WINNER’S OR GUEST’S ACCEPTANCE OR USE OF THE PRIZE. Decisions of US Foods are final and binding in all matters related to this paragraph. US Foods is not responsible for any typographical or other error in the printing of the offer, administration of the contest, or in the announcement of the prize. False or deceptive entries or acts will render the Entrant ineligible. In addition, by entering and/or accepting prize, Entrants and Winners agree to hold US Foods and Instagram and its directors, officers, employees and assigns harmless and do so release them from any liability, damages or misuse, or condition of any of the prizes awarded, or claims based on publicity rights, defamation, or invasions of privacy.
INTERNET: US Foods is not responsible for lost or late entries nor for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by US Foods or presenter on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof. If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, US Foods reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest. US Foods reserves the right to select winners from eligible entries received as of the termination date. CAUTION: Any attempt by an Entrant to deliberately damage any Web site or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, US Foods reserves the right to seek damages from any such Entrant to the fullest extent of the law.
GOVERNING LAW: The Contest is governed by the internal laws of the state of Illinois, without regard to the conflict of laws provisions thereof. All cases and claims pertaining to this Contest must be brought in a court of competent jurisdiction in the State of Illinois, without recourse to class action suits.
SEVERABILITY: If any provision of these Official Rules is found to be invalid or unenforceable by a court of competent jurisdiction, such determination shall in no way affect the validity or enforceability of any other provision herein.
VOID WHERE PROHIBITED BY LAW. Instagram is neither a sponsor nor co-sponsor of this promotion.
To obtain the name of the Winners, available after November 13, 2017, or a copy these Official Rules, please send a separate self-addressed, stamped envelope to US Foods, Inc., Marketing Department, 6133 N. River Rd., Rosemont, IL 60018.