The #NotJustPie Contest Rules

OFFICIAL RULES

The #NotJustPie Contest

NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.

1. The #NotJustPie Contest (“Contest”) begins 6:00 a.m. Eastern Time (“ET”) on April 25, 2018 and ends 11:59 p.m. ET on May 31, 2018 (“Contest Period”).

2. Open only to legal residents of the 50 United States and the District of Columbia and Puerto Rico who are 18 years of age or older. Employees of the American Pecan Council (“Sponsor”), Weber Shandwick and their respective parents, affiliates, franchisees, subsidiaries, advertising and promotion agencies, and the immediate families (spouse, parents, children and siblings and their respective spouses, regardless of where they reside) and individuals living in the same households of such employees, whether or not related, are ineligible to enter or win. Void where prohibited. Subject to all applicable federal, state and local laws and regulations. This Contest is in no way sponsored, endorsed or administered by, or associated with, Twitter or Instagram.

3. How to Enter: During the Entry Period, you (the “Entrant”) can log-in to your Twitter or Instagram account and post an original image of an original pecan recipe along with a recipe description to your account and include the hashtags #NotJustPie and #sponsored to receive one (1) entry (the original image, recipe and description shall be collectively referred to herein as the “Entry”). Recipe must include pecans as an ingredient. Limit of one (1) Entry per person using only one (1) social media account for duration of Entry Period. All Entries must be in English and will not be returned. Except as otherwise provided herein, Sponsor will not enter into any correspondence with an Entrant regarding an Entry. Should multiple users of the same social media account enter the Contest and a dispute thereafter arises regarding the identity of the Entrant, the authorized account subscriber of said social media account at the time of Entry will be considered the Entrant and must comply with these Official Rules. “Authorized account subscriber” is defined as the natural person who is assigned the social media by the applicable social media service provider or other organization, which is responsible for assigning social media accounts for the applicable social media channel.

Your Entry may not contain any content that the Sponsor, in its sole discretion, determines to be:

(a) Vulgar, offensive, sexually explicit, profane or pornographic;

(b) derogatory of any race, ancestry, place of origin, color, ethnic origin, citizenship, religion, sex, sexual orientation, age, marital status, family status or disability; endorses any form of hate or hate group; defames, misrepresents or contains disparaging remarks about other people, products or companies;

(c) violent or promotes the use of alcohol, illegal drugs, tobacco, or weapons; promotes unsafe or unhealthy activities;

(d) promotes any political agenda or message;

(e) appears to duplicate any other submitted Entry;

(f) contains copyrighted materials owned by others;

(g) contains any personal identification, such as persons’ names, email addresses, street addresses or license plate numbers;

(h) communicates messages inconsistent with the positive image of the Sponsor’s name and brands; or

(i) violates any law.

The Sponsor reserves the right to reject any Entry which Sponsor determines, in its sole and absolute discretion, does not meet the above criteria or is otherwise offensive or is not in keeping with the Sponsor’s image and reputation. Sponsor reserves the right to remove any Entry without prior notice.

4. By entering, you represent and warrant that (a) you are the sole owner of your Entry and all rights in your Entry; (b) you have the right to submit the Entry and to provide the Sponsor with a license to use the Entry; (c) your Entry consists of only your original work and no part of your Entry has previously been published anywhere else; (d) you have not granted any person, corporation or other entity any rights to use your Entry; (e) your Entry meets the criteria in Section 3; (f) your Entry does not defame or violate the rights of publicity or privacy of any person, living or deceased, or otherwise infringe upon the publicity rights or privacy of any third person, living or deceased, or otherwise infringe upon any person’s personal or property rights or other third party rights; (g) your entry is not offensive or inappropriate, as determined by Sponsor in its sole discretion, nor does it violate any law; and (h) if your Entry contains third party elements not owned by you, you have obtained written consent from those owners to submit your Entry and, if requested to do so, you can and will produce such written consent in a form and manner acceptable to the Sponsor. Failure to provide such proof on request may render your Entry null and void. By submitting an Entry, you warrant and represent that you consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein.

Entrants understand and agree that they shall retain all ownership rights in Entry; however, by submitting an Entry, Entrant hereby grants Sponsor a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sub-licensable and transferable license to edit, publish, use, adapt, exploit, modify or dispose of any Entry, in whole or in part, online, in print, film, television, or in any other media now or hereafter known throughout the world in perpetuity without compensation, permission or notification to Entrant or any third party, for any purpose whatsoever.

By submitting an Entry, you acknowledge and agree that Sponsor may obtain several Entries in this Contest and that your Entry may be similar or identical in theme, idea, format or other respects to others submitted in this Contest or other contests sponsored by the Sponsor, or to other ideas conceived by or provided to Sponsor, and you waive any and all claims you have or may have, now or in the future, that any Entry and/or other works accepted, reviewed and/or used by the Sponsor (or its designees) are similar or identical to your Entry. Except where prohibited by law, you acknowledge and agree that the Sponsor does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to your Entry.

5. Judging: All eligible Entries received will be judged by qualified judges selected by Sponsor based on the following criteria:

1) Creativity of pecan use in the recipe (50%)
2) Quality and Creativity of the image of the recipe (30%)
3) Perceived ease of preparation (20%)

The one (1) Entry with the highest score, as determined by Sponsor in its sole discretion, will be deemed the Grand Prize winner, subject to verification of eligibility and compliance with these Official Rules. In the event of a tie, an additional, “tie-breaking” judge will determine the potential Grand Prize winner based on the above stated criteria. Sponsor reserves the right to not award the Grand Prize if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries.

6. Grand Prize (1): A NutriBullet Pro 900 and select accompanying cookware (and winners recipe will be included in a video created by Sponsor that is featured on Serious Eats and Simply Recipes. Total Approximate Retail Value (“ARV”) of prize: $499.99. Winner will be responsible for all taxes (including federal, state and local taxes) and any other costs and expenses associated with acceptance and use of the prize not described herein as being awarded. All prize details are at the sole discretion of the Sponsor.

7. Potential winner will be notified by phone or e-mail. If the potential winner is contacted by email, social media direct message or comment or phone. If any notification to potential winner is undeliverable, any phone number provided by a potential winner is incorrect or no longer in service, a response to any given e-mail or phone call/message is not received within three (3) business days of date of its issuance or potential winner does not comply with these Official Rules, the prize may be forfeited. Potential winner will be required to execute and return an affidavit of eligibility and a liability release and, where legal, a publicity release within three (3) days of date of issuance of those documents or prize may be forfeited. If potential winner does not comply with these Official Rules or prize or prize notification is undeliverable, the prize may be forfeited and a runner-up may be notified.

8. By participating, you agree: a) to abide by these Official Rules, and to the decisions of Sponsor and the judges, which shall be final and binding in all respects; b) to the use of your name, likeness and biographical data by Sponsor and its designees if selected as a winner for advertising, promotional and other purposes in any and all media now or hereafter known throughout the world in perpetuity without compensation, right of review or notification (except where prohibited by law); and c) THAT SPONSOR, WEBER SHANDWICK AND THEIR RESPECTIVE PARENTS, AFFILIATES, FRANCHISEES, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES, RETAILERS, DISTRIBUTORS AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL HAVE NO LIABILITY AND SHALL BE HELD HARMLESS FOR ANY DAMAGE, LOSS OR INJURY TO YOU OR ANY THIRD PARTY RESULTING FROM PARTICIPATION IN THIS CONTEST, SPONSOR’S OR ITS DESIGNEES’ USE OF ANY ENTRY, OR THE USE OR MISUSE OF ANY PRIZE. PRIZES ARE AWARDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED BY SPONSOR. Released Parties are not responsible for lost, delayed, interrupted or unavailable, network, server, cable, satellite, Internet Service Provider (ISP) or other connections, miscommunications, failed phone, computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or other errors or malfunctions of any kind whether computer, network, human, mechanical, electronic, printing, typographical or otherwise relating to or in connection with this Contest, including, without limitation, errors or problems which may occur in connection with the administration of the Contest, the processing or judging of Entries, the incorrect uploading of any Recipe, the announcement of the prize or in any Contest-related materials or for any damage to your or other person’s computer hardware or software as a result of participation. Released Parties are not responsible for Entries that are lost, late, stolen, inaccurate, incomplete, delayed, misdirected, undelivered, garbled or delayed by computer transmissions. Persons found tampering with or abusing any aspect of this Contest or who are in violation of these Official Rules, as solely determined by the judges, will be disqualified and all associated Entries will be void. Every Entry must be manually keystroked and manually entered by you and repetitive automated electronic submission of Entries is specifically disallowed. Use of script, macro or automated entry software or programs or other means or practices which subvert the entry process is prohibited and all such Entries will be void. If the Contest is compromised by virus, bugs, non-authorized human intervention or other causes which corrupt or impair the administration, security, fairness or proper play of the Contest, or if the Contest is unable to run as planned for any other reason, Sponsor reserves the right in its sole discretion to modify, suspend or terminate the Contest or any portion thereof and/or terminate the participation of any Entrant (and void his/her Entry/ies) whose conduct potentially compromises the Contest and at its sole discretion award the prize from among all eligible, non-suspect Entries received prior to the act requiring such suspension or termination using the judging procedure outlined above. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable or illegal, these Official 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. CAUTION: Any attempt by an entrant to damage the website or undermine the legitimate operation of the Contest is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek any and all remedies available to the fullest extent permitted by law. Contest is governed by the laws of the State of New York without regard to its conflict of laws principles, with venue in New York, New York.

9. EXCEPT WHERE PROHIBITED BY LAW, AS A CONDITION OF PARTICIPATING IN THIS CONTEST, YOU AGREE THAT A) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT OF POCKET EXPENSES, IF ANY; B) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST, OR ANY COMPENSATION OR CREDIT TO BE PROVIDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND EXCLUSIVELY BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT (“FAA”, Title 9 of the United States Code) UNDER THE AUSPICES OF THE AMERICAN ARBITRATION ASSOCIATION; C) THE FEDERAL ARBITRATION ACT SHALL GOVERN THE INTERPRETATION, ENFORCEMENT AND ALL PROCEEDINGS AT SUCH ARBITRATION; AND D) JUDGEMENT UPON SUCH ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO THIS PROMOTION, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF YOUR ENTRY, YOU MAY OPT-OUT OF THIS, AND ONLY THIS, PART OF THE OFFICIAL RULES BY NOTIFYING THE SPONSOR OF SUCH OPT-OUT REQUEST BY PROVIDING WRITTEN NOTICE AND MAILING SUCH NOTICE TO: 2017 AMERICA’S BETTER SANDWICH CONTEST – ARBITRATION REJECTION, P.O. BOX 295, GAINESVILLE, VA 20156. ANY OPT-OUT RECEIVED AFTER THE THIRTY (30) DAY TIME PERIOD WILL NOT BE VALID AND YOU MUST PURSUE YOUR CLAIM, IF ANY, VIA ARBITRATION PURSUANT TO THESE OFFICIAL RULES. ANY AND ALL CLAIMS, JUDGMENTS, AND AWARD SHALL BE LIMITED TO ACTUAL OUT OF POCKET COSTS INCURRED, IF ANY, AND IN NO EVENT SHALL YOU BE ENTITLED TO RECEIVE ATTORNEYS’ FEES OR OTHER LEGAL COSTS OR EXPENSES.

IN THE EVENT THAT YOU OPT-OUT OF THIS MANDATORY ARBITRATION PROVISION, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY A FEDERAL OR STATE COURT LOCATED IN NEW YORK, NEW YORK.

10. Information submitted in connection with the Contest will be treated in accordance with these Official Rules and Sponsor’s Privacy Policy (as may be amended from time to time), currently located at https://americanpecan.com/privacy_policy; provided, that If there is any conflict between these Official Rules and such Privacy Policy, the terms and conditions of these Official Rules shall prevail.

11. For the name of the winner, email info@americanpecan.com no later than July 10, 2018.

12. Sponsor: American Pecan Council, 3880 Hulen Street, Suite 105, Fort Worth, TX 76107.

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