505 Southwestern® Clash of the Hatch™ Food Truck Challenge Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
- Eligibility: The 505 Southwestern® Clash of the Hatch™ Food Truck Challenge (the “Contest”) is open only
to legal residents of the 50 United States (including the District of Columbia)
who are 18 years of age or older at the time of entry, who are authorized
representatives of food trucks properly licensed and/or otherwise authorized to
operate in the following cities: Austin, Texas; Dallas,
Texas; Denver, Colorado, or Phoenix, Arizona (collectively, the “Contest
Cities”); and who submit applications to the 505 Southwestern
of the Hatch
™ Food Truck Challenge website at http://www.505ClashOfTheHatch.com (the “Contest Website”) in accordance with the terms of these Official Rules. Employees and non-employee workers of Flagship Food Group,
LLC (“Sponsor”, “we”, “us”, “our”), and its parents, subsidiaries, affiliates,
shareholders, officers, directors, agents, representatives and employees, or
other companies associated with the promotion of the Contest, as well as the
immediate family (spouse, parents, siblings, and children) and household
members of each such employee or non-employee worker, are not eligible to
participate in the Contest. The Contest is subject to all applicable federal, state,
and local laws and regulations and is void outside of the United States, as
well as wherever prohibited by law.
- Agreement to Official Rules: By submitting an application and participating in the Contest, each such participant (an “Applicant”) fully and unconditionally agrees to and accepts these Official Rules together with the 505 Southwestern® Clash of the Hatch™ Food Truck Challenge End-User License Agreement and Terms of Service (the “505 Southwestern Terms”), which is incorporated herein by reference, and the decisions of Sponsor, all of which are final and binding in all matters related to the Contest. Please review these Official Rules and the 505 Southwestern Terms carefully. Sponsor reserves the right to cancel the Contest, or otherwise change any of the terms herein, including, but not limited to, making changes to the prizes and selection procedures. Sponsor may notify you of any such changes via the Contest Website, or otherwise as provided in the 505 Southwestern Terms. By continuing to use the Contest Website or continuing to participate in the Contest following such changes, you are accepting the changes.
- Timing: The Contest shall consist of the following three stages: an “Application Stage,” a “Finalist Stage,” and a “Grand Finale Event.”
a. The Application Stage will commence and conclude pursuant to the following schedule:
- Denver, CO: July 30, 2018 – August 30, 2018;
- Dallas, TX: July 30, 2018 – August 30, 2018;
- Austin, TX: June 18, 2018 – July 25, 2018;
- Phoenix, AZ: July 18, 2018 – August 17, 2018; and
City Finalists, as that term is defined below, will be announced on the Contest Website within 14 days after the conclusion date for each of the Contest Cities as set forth above.
b. The Finalist Stage will commence and conclude in each of the five Contest Cities pursuant to the following schedule (each a “Selected Month”):
- Denver, CO: July 30, 2018 – August 30, 2018;
- Dallas, TX: July 30, 2018 – August 30, 2018;
- Austin, TX: August 1, 2018 - August 30, 2018;
- Phoenix, AZ: September 1, 2018 - September 30, 2018; and
City Winners, as that term is defined below, will be announced on the Contest Website within 14 days after the conclusion date for each of the Contest Cities as set forth above.
c. The Grand Finale Event will take place in Santa Fe, New Mexico after the City Winners, as that term is defined below, are announced. The Grand Finale Event is expected to occur on October 20, 2018. However, the exact date and time of the Grand Finale Event will be set and announced on the Contest Website at a later date
- Application Stage:
a. Each Applicant is limited to one application which must be submitted within the application periods set forth above. However, Applicants that operate multiple food trucks based on different genres/concepts may submit one application for each distinct truck genre operated by that Applicant.
b. Entry to the Contest shall be made available via the Contest Website, where authorized representatives of Applicants will be asked to complete an application online. Applications, including all entries and materials submitted to Sponsor in connection with the Contest (the “Submitted Materials”), hereby become and are the sole property of Sponsor and none will be acknowledged or returned. Without limiting Sponsor’s rights under the preceding sentence or Sponsor’s ownership rights in the Submitted Recipes as provided in below, Applicant hereby grants Sponsor a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use, modify, reproduce, publish, perform, display, copy, distribute, alter, combine with other materials, make derivative works of and otherwise commercially and non-commercially exploit the Submitted Materials, in any manner or medium now existing or hereafter developed, for any purpose whatsoever, without any compensation to Applicant or any other person or entity.
c. The online application will require that Applicant provide certain data and information including, but not limited to, the following:
- Description of the current menu for Applicant’s food truck;
- Confirmation of Applicant’s willingness to participate in various Sponsor events;
- Confirmation that Applicant has all requisite licenses and permits for its food truck operations;
- Confirmation that Applicant has satisfactory insurance coverage, including General Liability coverage;
- Confirmation that Applicant will engage in co-branding activities on their food trucks with 505 Southwestern® logos during the Selected Month; and
- Description of how Applicant will use the 505 Southwestern® Flame Roasted Hatch Valley Green Chile Product in an innovative recipe idea.
d. During the Application Stage, Sponsor will select approximately three (3) Applicants from each of the five Contest Cities (the “City Finalists”). The City Finalists will be selected by Sponsor in its sole and absolute discretion and based on several criteria, including those below. Please note, however, that additional criteria may be used by Sponsor, and Applicants may be accepted or rejected by Sponsor at its sole discretion:
- Strength of each Applicant’s social media presence, including the followers and level of activity
- Genre of food, to create diversity amongst the finalists; and
- Innovativeness of dish ideas.
e. By submitting the Submitted Materials, Applicant represents and warrants that:
- the Submitted Materials are Applicant’s original work product; and
- 2. the Submitted Materials, and the display, publication, or other use of the Submitted Materials do not and will not infringe, misappropriate, or otherwise violate the intellectual property rights, privacy rights, or publicity rights of any other person or entity.
f. To the maximum extent permissible under applicable laws, Sponsor may, in its sole and absolute discretion, require any Applicant to submit to a confidential background check in order to be considered as a Finalist.
- Finalist Stage:
a. The City Finalists shall have the opportunity to enter the Finalist Stage. The Finalist Stage shall be governed by these Official Rules and a separate agreement to be entered between Sponsor and each participating City Finalist (“Finalist Stage Agreement”). No Applicant will be permitted to participate in the Finalist Stage without agreeing and executing the Finalist Stage Agreement.
b. After executing the Finalist Stage Agreement, each Finalist participating in the Finalist Stage shall receive:
- Five Hundred Dollars ($500) worth of free products from the Sponsor. Such product shall be used by each City Finalist to create and sell an innovative entrée or appetizer item as set forth below. Additional product may be provided to participants if they run out at Flagship’s sole discretion at wholesale price; however, such products are provided solely for the convenience of the participants and purchase is not necessary for participation; and
- Coupons for Sponsor’s products, the number, value, and terms of which shall be determined in Sponsor’s sole discretion, for distribution by the Finalists’ food trucks.
c. To participate in the Finalist Stage, City Finalists shall be required to agree to the following terms, among other things, under the Finalist Stage Agreement:
- Create an innovative entrée or appetizer item using the 505 Southwestern® Flame Roasted Hatch Valley Green Chile product (each, a “Submitted Recipe”);
Carry the entrée or appetizer item on the menu for their food truck during the Selected Month designated for each Contest City as set forth above.
- Allow Sponsor to place removable branded signage or other marketing materials on their food trucks during the Selected Month referenced above
- Participate in a food truck event in the Applicant’s city that may be organized and attended by Sponsor for development of promotional materials;
- Promote Sponsor’s brand via social media;
- Distribute coupons for Sponsor’s products during the Selected Month.
d. One City Finalist from each of the five Contest Cities will be selected by Sponsor, in Sponsor’s sole and absolute discretion, as the winner for that Contest City (“City Winner”). In selecting the City Winner, the Sponsor may utilize several criteria including, but not limited to, the following:
- The number of votes each City Finalist receives on the Contest Website. At Sponsor’s sole discretion, additional voting media, such as via text or social media platforms, may be made available. No person may vote more than once. Any use of automated or programmed tools or methods for voting shall be prohibited. Any attempt by an Applicant, or others acting on Applicant’s behalf, to induce more than one vote per person (e.g., through use of multiple emails or bots), or to otherwise circumvent the one person per vote limitation, shall be prohibited and may result in disqualification from the Contest;
- The innovativeness of the created entrée or appetizer item, based on taste, flavor, presentation, originality, and/or usage of 505 Product; and
- The Applicant’s level of relevant social media participation and outreach media posts/shares related to 505 Southwestern® (for example, through use of a 505 Southwestern® hashtag).
e. The prizes to the City Winners shall be documented in the Finalist Stage Agreement, and are currently expected to include the following:
- A cash prize of Two Thousand, Five Hundred Dollars ($2,500.00); and
- An invitation to the Grand Finale Event and payment of the actual costs and expenses, up to a maximum of One Thousand, Five Hundred Dollars ($1,500), for each City Winner to travel to the Grand Finale Event. Travel arrangements and payment of travel expenses, if any, will be coordinated and managed by Flagship Food Group, LLC.
f. Applicant hereby assigns all rights, title, and interests in the Submitted Recipe to Sponsor. Applicant acknowledges and agrees that Sponsor will and hereby does own all rights to use, modify, reproduce, publish, perform, display, distribute, make derivative works of and otherwise commercially and non-commercially exploit the Submitted Recipe in perpetuity and throughout the world, in any manner or medium now existing or hereafter developed, without any compensation to Applicant or any other person or entity. Applicant agrees to take any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Sponsor to effect, perfect, or confirm Sponsor’s ownership rights in the Submitted Recipe, provided that Sponsor will reimburse Applicant’s reasonable out-of-pocket expenses incurred in connection therewith. Applicant hereby receives a non-exclusive, royalty-free, revocable license to use and sell products made under the Submitted Recipe solely through food trucks operated by Applicant. All other rights in the Submitted Recipe are reserved by Sponsor.
- Grand Finale Event:
a. One winner (“Grand Prize Winner”) shall be selected from the City Winners at Sponsor’s sole discretion based upon several criteria to be determined solely at Sponsor’s discretion and made available to City Finalists prior to the Grand Finale Event. The Grand Prize Winner shall be provided with an opportunity to enter into the Grand Finale Event Agreement. The prizes to the Grand Prize Winner shall be documented in the Grand Finale Event Agreement, and are currently expected to include the following:
- A cash prize of Ten Thousand Dollars ($10,000.00) (“Final Cash Prize”), to count as the first $10,000 of royalty payments;
- Up to 1% of the royalties from the sales of the 505 Southwestern® products that are based on the winning Submitted Recipe during the two (2) year period following the conclusion of the Grand Finale Event, up to a maximum of Fifty Thousand dollars ($50,000.00), net of the Final Cash Prize;
- An opportunity to work with Chef Eric Greenspan of 505 Southwestern® to create a new 505 Southwestern® retail food item;
- Inclusion of a picture and story of Applicant on labels of selected 505 Southwestern® products.
b. The acceptance of any award or prize, whether in the Application Stage, Finalist Stage, or Grand Final Event, shall not be deemed to create an employment relationship, joint venture or partnership between Sponsor on the one side, and the winner or any other Applicant on the other. The maximum aggregate value of all awards and prizes in this Contest, to any Applicants, in the Application Stage, Finalist Stage, and/or Grand Final Event, is Seventy-Seven Thousand, Five Hundred Dollars ($77,500.00).
c. Submissions in the Grand Finale Event will be judged on criteria to be determined by Sponsor at its sole discretion, which criteria are currently expected to include, but are not limited to, the following:etion, which criteria are currently expected to include, but are not limited to, the following:
- The innovativeness of the created entrée or appetizer item, based on taste, flavor, presentation, originality, and/or usage of 505 Southwestern® Product;
- The level of relevant social media participation and outreach media posts/shares related to 505 Southwestern® (for example, through use of a 505 Southwestern® hashtag); and
- The results of any voting or polling that Sponsor may choose to utilize during the Grand Finale Event.
d. The Grand Prize Winner will be announced within 48 hours following the Grand Finale Event.
- Previous Winner: Sponsor held a 505 Southwestern® Clash of the Hatch™ Food Truck Challenge on one previous occasion, which took place in Southern California and lasted from approximately July 2017 to January 2018. The winner of that contest was Baby’s Badass Burgers (BBB). Additional information regarding the winner of that contest can be found on the Contest Website.
- General Conditions: Winners are solely responsible for any taxes on any awards or prizes.
In the event that the operation, security, or administration of any this Contest is impaired in any way for any reason, including, but, not limited to, fraud, human error, virus or other technical problems, Sponsor may, in its sole discretion, either: (a) modify the Contest in a manner that best conforms to the spirit of the Official Rules without suspending it; (b) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of the Official Rules; or (c) cancel the Contest without awarding the remaining prizes, if any.
Sponsor reserves the right to disqualify any individual in its sole discretion it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Official Rules of the Contest, or in a fraudulent, inappropriate, unsportsmanlike, or disruptive manner, from participation in any other promotions sponsored by 505 Southwestern® or Flagship Food Group, LLC. Any attempt by any person to undermine the legitimate operation of any part of any Contest may be in violation of criminal and civil law, and Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
Sponsor's failure to enforce any term of the Official Rules shall not constitute a waiver of that provision.
Paragraph headings in these Official Rules are for reference purposes only and do not affect the interpretation of this Agreement.
- Release and Limitations of Liability: Paragraph headings in these Official Rules are for reference purposes only and do not affect the interpretation of this Agreement.
ALL REWARDS, PRIZES, PRODUCTS, OR OTHER ITEMS ON THE CONTEST WEBSITE OR OTHERWISE PROVIDED BY SPONSOR ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Applicant further agrees that in any cause of action, the Released Parties' liability will be limited to the lesser of the actual retail value of the reward (if applicable) and the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney's fees. Applicant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages (other than for actual out-of-pocket expenses or statutory damages) and any and all rights to have damages multiplied or otherwise increased. If for any reason an Applicant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Applicant's sole remedy is another entry in the Contest, if it is possible. If the Contest has been discontinued for any reason, Sponsor, in 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. No more than the stated number of prizes for the Contest will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in the Contest to be claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims. APPLICANT AGREES THAT ANY CLAIM UNDER THESE TERMS MUST BE BROUGHT WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ARISES, OR SUCH CLAIM OR CAUSE OF ACTION SHALL BE BARRED.
IF APPLICANT IS A CALIFORNIA RESIDENT, APPLICANT WAIVES CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR” (OR ANY EQUIVALENT STATUTORY PROVISION WITH A SIMILAR IMPORT OR INTENT). IF APPLICANT IS A RESIDENT OF A STATE OTHER THAN CALIFORNIA, APPLICANT EXPLICITLY WAIVES THE TERMS AND PROTECTIONS OF ANY STATUTE OF HIS/HER STATE THAT HAS A SIMILAR IMPORT OR INTENT.
- Disputes: By using the Contest Website and/or participating in the Contest, you agree that the Federal Arbitration Act, applicable federal law, and the law of the State of Colorado without regard to its principles on conflicts of laws, will govern the Contest, your use of the Contest Website, and any dispute of any sort that might arise between you and Sponsor.
You and Sponsor agree that any dispute or claim relating to the Contest or your use of the Contest Website will be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. In addition, you and Sponsor both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason a claim proceeds in court rather than in arbitration, you and Sponsor each waive any right to a jury trial.
You and Sponsor agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, representative action, or private attorney general action. Further, unless both you and Sponsor agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This entire arbitration provision shall survive termination of the Contest.
To begin an arbitration proceeding, you must send a certified letter requesting arbitration and describing your claim to Sponsor at the contact set forth in Section 13 (Contact Us), below. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the AAA, as modified by this Agreement (collectively, "AAA Rules"). The AAA Rules and costs are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
- Severability. These rules for the Contest are severable, and if any portion is determined invalid or unenforceable by a body of competent jurisdiction, the remaining portions will remain valid, enforceable and in effect to the fullest extent consistent with applicable law.
- Contact Us. YYou may direct any questions, complaints or claims with respect to the Contest to:
Gelman & Norberg, LLC
Attn: Weston Cole
E-mail: [email protected]
Address: 8480 E. Orchard Rd., Ste. 5000
Greenwood Village, CO 80111
Any notices are to be provided pursuant to the 505 Southwestern Terms.
- Contest Results: Contest results will be made available on the Contest Website.