RECIPE REMIX CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
PROMOTION DESCRIPTION: The “Recipe Remix Contest (the “Contest ”) begins on or about November 16, 2021 at 12:01 a.m. Pacific Time (“PT”) and ends on November 30, 2021 at 11:59 p.m. PT (the “Contest Period”). At the end of the Contest Period, four (4) winners will be selected from among all eligible entries received, as set forth more fully below. Entry in the Contest does not constitute entry into any other promotion, sweepstake or Contest. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Atkins (Simply Good Foods USA, Inc. and its affiliates, with a business address at 1225 17th Street, Suite 1000, Denver, Colorado 80202 (“Sponsor”)), which shall be final and binding in all respects.
- Eligibility: The Contest is open to legal residents of the 50 United States and the District of Columbia (“U.S.”), who are located in the U.S. and are at least eighteen (18) years of age, or the age of majority in their state of residence (19 in Alabama and Nebraska; 21 in Mississippi), or older at the time of entry,). The Contest is governed by U.S. law and is subject to all applicable federal, state and local laws and regulations. Officers and directors of Sponsor, Simply Good Foods USA, Inc., and their respective parents, affiliates, subsidiaries, advertising, promotion agencies (all such individuals and entities collectively referred to herein as the “Contest Entities”) and the immediate family members and/or those living in the same household of each are not eligible to participate in the Contest or win a prize. Void where prohibited. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- How to Enter: During the Contest Period, eligible entrants may enter by submitting their personal recipe(s) through the Recipe Remix contest page on atkins.com . Recipes will be accepted in the following categories: appetizer, side dish, entrée, and dessert. For purposes of the Contest, “receipt” of an Entry occurs when an entrant submits their recipe(s) on the Atkins.com contest submission form (collectively an “Entry”). Each Entry must comply with the “Entry Requirements” set forth below.
Each Entry must meet the following “Entry Requirements”: (i) the Entry must be the submitting entrant’s original, previously unpublished work and not feature or focus on any material owned or controlled by third parties (including without limitation, third party copyrighted material); (ii) the entrant must provide upon request all appropriate clearances, permissions and releases for the Entry (in the event a contestant cannot provide all required releases, Sponsor reserves the right, in Sponsor’s sole discretion, to disqualify the applicable Entry, or seek to secure the releases and clearances for Sponsor’s benefit, or allow the applicable Entry to remain in the Contest ); (iii) Entries may not contain, as determined by the Sponsor, in its sole discretion, any content that:
• Is sexually explicit; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
• Promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message or religion or religious agenda or message;
• Is obscene or offensive; endorses any form of hate or hate group;
• Appears to duplicate any other submitted contest entries;
• Defames, misrepresents or contains disparaging remarks about other people or companies;
• Contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission;
• Contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
• Contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
• Contains any individual other than the you and/or any materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without providing legal releases for such use in a form satisfactory to Sponsor;
• Contains look-alikes of celebrities or other public or private figures, living or dead;
• Communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and/or
• Violates any law.
Any Entry that, in Sponsor’s good faith judgment, violates the Entry Requirements will be disqualified. Entries must be received by the end of the Contest Period. No substitutions of new versions of Entries will be accepted under any circumstances once the original Entry is submitted. Any Entry that is considered by Sponsor in its sole and absolute discretion to be obscene, pornographic, libelous, hate speech or otherwise objectionable, in whole or in part, will be disqualified and will not be eligible for entry. Any communication or information transmitted to Sponsor by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary. Entries become the exclusive property of the Sponsor and will not be returned or acknowledged. Proof of posting a comment is not considered proof of delivery to or receipt of such Entry. Furthermore, Sponsor shall have no liability for any Entry that is lost, intercepted or not received by the Sponsor.
For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant into the Contest hereby irrevocably grants Sponsor, its successors and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, stream, exploit and otherwise use the Entry and any other material submitted by entrant in connection with the Contest (including, but not limited to success stories) (the “Materials”) throughout the universe, in perpetuity, for any reason whatsoever, including but not limited to the advertising, marketing, publicity and promotional purposes in connection with Sponsor’s products and services in any and all media, throughout the universe in perpetuity, without further notice to, consent by, or payment to entrant. Without in any way limiting the foregoing, Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Materials for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Sponsor shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity. Sponsor shall retain the rights granted in the Materials even if the Entry or Materials are disqualified or fail to meet the Entry Requirements.
- JUDGING: Begins at 12/1/2021 and ends at 11:59:59 PM PT on 12/2/2021. The judging panel, selected by the Sponsor, will evaluate each Entry. Judging in all areas of judging will be based on the following criteria:
• Alignment with the submitted category
• Feasibility to reasonably transform the submitted recipe into a low carb recipe
- Winner Selection and Notification. At the end of the Contest Period, up to four (4) winner(s) will be randomly selected in a drawing from all eligible entries received throughout the Contest Period. The winners will be chosen by Sponsor or its designee, by Sponsor in its sole discretion. A potential winter cannot win multiple categories. A potential winner will be notified by e-mail at the Account used by the Entrant to enter the Contest. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite Sponsor’s reasonable efforts, the potential winner does not respond to the e-mail message by 12/6/2021, he or she will automatically forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified, and an alternate Prize Winner may be selected. Sponsor may successively attempt to contact up to four (4) potential winner(s) of an applicable prize in accordance with such procedure, and if there is still no confirmed winner(s) of such applicable prize after such attempts have been made, if any, such prize may go unawarded.
- Prizes/Odds: Up to four (4) winners will receive:
a) A $500 VISA gift card
b) A step-by-step low carb version on your recipe remixed by the Atkins nutrition team.
c) An invitation to a virtual group cooking class, hosted by the Atkins nutrition team, where you’ll cook an easy low carb recipe together
No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason. Applicable portions of prizes will be delivered only to an address in the United States. The total ARV of all prizes is 2,520.
- General Prize Conditions. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All portions of the prize(s) are non-assignable and non-transferable. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Contest materials are for illustrative purposes only. Actual prize(s) may vary from the prize(s) pictured. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. No cash alternative or substitution of the prize(s) will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason. Each prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Each potential winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If any potential winner fails or refuses to sign and return all Prize Claim Documents within time period specified in the prize notification, the winner may be disqualified and an alternate winner may be selected.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
- General Liability Release/Force Majeure: Acceptance of a prize constitutes winner’s permission for the Contest Entities to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Entrants agree that the Contest Entities(A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest -related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest , to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest , or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple Entries will be accepted. If a dispute as to the identity of the individual who actually submitted an Entry cannot be resolved to Sponsor’s satisfaction, the affected Entry will be deemed ineligible. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. In the event an insufficient number of eligible Entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to 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 other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Contest . If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing 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. Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. 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.
CAUTION: ANY ACT OR ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, PROMOTION PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL(S) TO THE FULLEST EXTENT PERMITTED BY LAW.
- Publicity Release: Except where prohibited, participation in the Contest constitutes each entrant’s consent to the Contest Entities’ use of entrant’s name, Account name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, in perpetuity, without further payment or consideration, and entrant releases the Contest Entities from all claims arising out of the use of such information.
- Governing Law / Jurisdiction: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF COLORADO WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
- Nature of Relationship/Waiver of Equitable Relief: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Released Parties is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Entry to Sponsor for purposes of the Contest does not place the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Entry. Each entrant understands and acknowledges that the Released Parties have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas or stories may be competitive with, similar or identical to the Entry or Materials and/or each other in theme, idea, plot, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Released Parties’ use of any such similar or identical material. Each entrant acknowledges and agrees that the Released Parties do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Entry and/or Materials, as applicable. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Released Parties’ actual or alleged exploitation or use of any Entry, Materials, or other material submitted in connection with the Contest , the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
- No Obligation to Use: Sponsor shall have no obligation (express or implied) to use any Entry or any Materials, or to otherwise exploit any Entry or Materials or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Entry or Materials for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
- Arbitration Provision: By participating in this Contest , each entrant agrees that any and all disputes the entrant may have with, or claims entrant may have against, the Contest Entities relating to, arising out of or connected in any way with (i) the Contest , (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the “Forum”) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure, or at such other location as may be mutually agreed by the participant and Sponsor. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Contest. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the participant’s and/or Sponsor’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award punitive damages against the participant or Sponsor. For more information on the Forum and/or the Forum’s Code of Procedure, please visit their website at www.arb-forum.com. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
- Winners List: To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: “Recipe Remix Contest Winners List”, 1225 17th Street, Suite #1000, Denver CO 80202. All such requests must be received by 1/31/22
- Sponsor: Atkins (Simply Good Foods USA, Inc. and its affiliates with its place of business at 1225 17th Street, Suite 1000, Denver, Colorado 80202).