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Terms & Conditions:

NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. BY PLAYING, EACH PARTICIPANT AGREES TO THESE OFFICIAL RULES.

Sponsor: Nestlé USA, Inc. dba Nestlé Professional North America, 30000 Bainbridge Road, Solon, OH 44139
Administrator: Brandmovers, Inc., 1519 Carroll Drive, Atlanta, GA 30318.

  1. Eligibility:
    Nestle Chef-mate Let’s Be Candid Contest (“Contest”) is open to Foodservice Operators (who are in good standing with their places of employment at the time of entry and at the time of prizes awarded), reside in the 50 United States and District of Columbia and are 18 years of age or older (or 19 years of age or older for residents of AL and NE) (“Entrant”). NESTLÉ USA, Administrator, and their affiliated companies, representatives, agents or employees (collectively, the “Released Parties”) are not responsible for, and shall be indemnified by the prize winner against, any claims, injuries, losses or damages of any kind resulting from acceptance, use, misuse, possession, or loss of the prize. The Contest is subject to all applicable federal, state, and local laws and regulations. Participation constitutes Entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
  2. Contest Period:
    The Contest entry period begins at 12:00:00 AM EST on June 7, 2021 and ends at 11:59:59 PM EST on July 31, 2021 (“Entry Period”), and the judging period will begin on August 2, 2021 and ends August 6, 2021 (“Judging Period”).
  3. How to Enter:
    To enter the Contest, during the Entry Period, visit www.chefmatecandid.com (“Website”) to find the Contest entry form. Complete the online entry form by providing your first and last name, title/position, business name, business address, type of food service operation, distributor name, distributor city and state, email address, and phone number (optional). Once completed, submit the entry form, including a short story or post a video of yourself explaining how your use of Chef-mate made a difference financially, operationally, and in customer satisfaction, that lead you to a success story (see Judging Criteria below for further information and examples) (“Story” or “Stories”). All Stories must be submitted no later than 11:59:59 PM EST on July 31, 2021 or will be forfeited. Sponsor is not responsible for lost, late, damaged, interrupted or other issues in connection with Stories that are not received by the entry deadline.
  4. Story Entry Requirements:
    Entrants agree to and understand that Story entries will be made available to the public, including without limitation, posting on the Internet and may appear in Sponsor’s advertising and marketing materials. Whether or not Story entries are published on the Internet, Sponsor does not covenant or guarantee any confidentiality with respect to any Story entries.
    1. The Story must not have been submitted previously in any Contest of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.
    2. Each Story must be an original creation of the submitting entrant which is under no restriction, contractual or otherwise, that will prevent Sponsor's use of the Story must be free of any and all liens, encumbrances and claims of third parties. Entrant acknowledges, agrees and warrants that, nothing in the Story infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity, absent a suitable license, clearance or permission agreement (proof of which is required upon submission), or violates any person's rights of privacy or publicity and that all necessary releases and permissions have been secured. Entrant agrees to indemnify and hold harmless each of the Contest Entities and their respective parent, subsidiaries, and affiliates and each of their respective officers, directors and employees, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by entrant of these Official Rules or the warranties and representations made by entrant in this paragraph. Modifying, enhancing or altering a third party's preexisting work does not qualify as entrant's original creation.
    3. By uploading the Story the entrant agrees, for zero compensation, to grant to Sponsor all intellectual property rights in the Story and each of its constituent parts, which rights include, without limitation, the Sponsor's right to publish, make available to the public and/or reproduce the Story through any media available at any time during, or after, the Contest Period on any related websites, in any promotional materials, whether related or un-related to the Contest, and at any other location, whether physical or online, that Sponsor, in its sole discretion, deems appropriate and necessary for the operation and promotion of this Contest. In addition, entrant warrants that any so called "moral rights" in the Story have been waived and entrant acknowledges and agrees that Sponsor may use any ideas from any Story or other submitted materials, whether or not entrant has been awarded a prize in connection with any such Story or other materials. Entrant agrees to release, defend, indemnify and hold harmless each of Contest Entities, and each of their parent, subsidiaries, and affiliates and each of their respective owners, employees, directors, officers, agents, and subcontractors from all claims, demands, and causes of action of any nature whatsoever which entrant or entrant's heirs, representatives, executors, administrators, or any other persons acting on entrant’s behalf or on behalf of entrant’s estate, have or may have by reason of: (i) Sponsor's exercise of any rights granted by entrant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor's use of the Story and any portion thereof, or the likeness of any natural person therein.
  5. Story Content Restrictions:
    Stories must not contain material that:
    1. Violates or infringes another's rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
    2. Contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
    3. Contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor (including but not limited to products, brand names, trademarks, slogans, political, personal and religious statements);
    4. Contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, indecent, profane, obscene, hateful, tortuous, slanderous or libelous;
    5. References persons or organizations without their written permission;
    6. Disparages any persons or organizations;
    7. Includes threats to any person, place, business, or group;
    8. Is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations.
    Failure of any Story to comply with the above "Story Entry Requirements" and "Story Content Restrictions," as determined by Sponsor, in its sole discretion, may result in disqualification of entrant. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any entry that, in their sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Contest or any other person or entity, does not comply with these Official Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. All Stories shall become the exclusive property of Sponsor and will not be returned. Stories must be suitable for presentation in a public forum, in sole determination of Sponsor.
  6. Judging Criteria/Prize Winners Selection:
    During the Judging Period, all eligible Stories received during the Contest Entry Period will be judged by an independent judging panel using the following judging criteria and percentages: How your use of Chef-mate in the following areas made a difference and lead you to a success story as captured in your Story: (a) Financially (i.e. did the Chef-mate product keep your operating costs down?) (33.4%); (b) Operationally (did ease of prep using a Chef-mate product help address lack or absence of resources, ease of customization, versatility, etc?) (33.3%); and (c) Customer Satisfaction (i.e. customer reaction to the Chef-mate dish you prepared or customized, did it result in repeat orders or increased demand, etc?) (33.3%). The Story who receives the highest percentage using the Judging Criteria will be deemed the Grand Prize winner, and the second through seventh next Stories who receive the second through seventh highest percentage using the Judging Criteria will be deemed First Prize winners (for a total of six (6) First Prize winners). In the event of a tie, the Story with the highest score in the creativity/out-of-box use of the Chef-mate product criteria will be deemed the winner from among all tying Stories. Sponsor reserves the right to select fewer than six (6) First Prize winners in the event not enough sufficient Stories are submitted during the Entry Period.

    Each potential winner will be notified by Administrator or Sponsor on or about the business day following the Judging Period by email or telephone. Administrator or Sponsor will make up to two (2) attempts to contact each potential winner. In the event Administrator is unable to reach a potential winner after two (2) attempts, that potential winner forfeits their right to the prize and the next highest scoring Story will be deemed the alternate winner, if a sufficient number of Stories are received during the Entry Period.
  7. PRIZES AND APPROXIMATE RETAIL VALUES (“ARV’s”)
    One (1) Grand Prize – iPhone 12 and $1,000 cash. ARV: $2,000.00. Grand Prize winner will have the option of choosing the iPhone 12 or a $1,000 cash alternative at their sole discretion. All warranties and guarantees are subject to the manufacturer’s warranties and guarantees. Six (6) First Prizes – A $500 Sponsor-specified gift card. ARV: $500.00 each. Gift cards are subject to the terms, conditions and restrictions as printed on the card. Prizes are not transferable, may not be redeemed for cash value, and may not be substituted by winner. All federal, state and local taxes on prize are the sole responsibility of the winner. Prize consists of only the items specifically listed as the prize. No cash redemptions. No substitutions of prize, except as provided herein. Sponsor reserves the right to substitute prize, or any part thereof, for one of equal or greater value for any reason. By submitting an entry, the winner agrees to allow use of his or her name and/or Story for advertising this or similar Contest without compensation, unless prohibited.

    Total ARV of all prizes is $5,000.00
  8. Entry Conditions and Release:
    By entering, each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Contest; (b) release and hold harmless the Released Parties from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's entry, creation of an entry or submission of an entry, participation in the Contest, acceptance or use or misuse of prize and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an entrant's participation in the Contest and/or entrant's acceptance, use or misuse of prize.
  9. General Conditions:
    Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, for any reason whatsoever, including, without limitation, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction or if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the Winners using Judging Criteria from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other Contest or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately 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 seek damages from any such person to the fullest extent permitted by law. Only the type and quantity of prizes described in these Official Rules will be awarded. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
  10. Limitations of Liability:
    The Released Parties as set forth above 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 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 or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt or use or misuse of any prize. If for any reason an Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another Entry in the Contest, provided that if it is not possible to award another Entry due to discontinuance of the Contest, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the Prizes offered herein. Entrant further agrees and acknowledges that Sponsor reserves the right to forfeit or award any unclaimed or leftover Prize at its sole discretion. If due to a computer programming or other error, more prizes are claimed than intended to be awarded, prizes will be awarded in a random drawing from among all valid prize claims received. If a drawing is required, it will be conducted by the administrator of the Instant Win portion of the Contest, who is independent from Sponsor, and whose decisions shall be final. In no event will Sponsor be liable for more than the stated number of prizes. All potentially winning Codes are subject to verification at the sole discretion of the Sponsor. If, for any reason, Instant Win portion of the Contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in the sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Instant Win portion of the Contest, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend Instant Win portion of the Contest, and randomly determine winners from eligible, non-suspect Codes received prior to action taken, or as otherwise deemed fair and equitable by Sponsor.
  11. Disputes/Governing Law:
    Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, other than those concerning the administration of the Contest or the determination of Winners or for any disputes arising from the loss or injury from the participation in a Prize, shall be resolved individually, without resort to any form of class action; (ii) any disputes arising out of these Official Rules (except for any disputes arising from the loss or injury from the use of Prizes) shall be submitted to final, binding arbitration conducted in Los Angeles County under the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services Inc. before a single, neutral arbitrator who is a former or retired California state or federal court judge with experience in entertainment matters who shall follow California law and the Federal Rules of Evidence and have no authority to award punitive damages. Either party may enforce a final arbitration award in any court of competent jurisdiction in Los Angeles County, including an award of costs, fees and expenses incurred in enforcing the award. Notwithstanding the foregoing, Released Parties shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Official Rules) in the state and federal courts of Los Angeles County. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Official Rules), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Los Angeles County; (iii) any and all claims, judgments and awards shall be limited to actual out-of- pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, 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 California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
  12. Contest Winner:
    For the names of the Contest Winners (available after August 6, 2021), send a hand-printed, self-addressed, stamped envelope to: Winners List, Nestle Chef-mate Let’s Be Candid Contest Winners, Brandmovers, Inc., 590 Means Street, Suite 250, Atlanta, GA 30318.
iPhone is a trademark of Apple Inc., registered in the U.S. and other countries and regions. Apple Inc., is not a sponsor of and does not in any way endorse this Contest.

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