Endangered Species Chocolate – Ultimate Champion-Chip Baking Contest – Win Finalist Prize” packages

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ENDANGERED SPECIES CHOCOLATE’S
ULTIMATE CHAMPION-CHIP
BAKING CONTEST OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE.
MUST BE 18 YEARS OF AGE OR OLDER TO ENTER.
Endangered Species Chocolate, Inc. (“ESC”) is offering participants a chance to win prizes in the
“Ultimate Champion-Chip Baking Contest” (the “Contest”). The Contest is governed by these Rules and
any individual who enters, attempts to enter, or in any way participates or attempts to participate in the
Contest a (“Participant”) agrees to be bound by the terms and conditions outlined in these Rules, as well
as by all interpretations of these Rules by ESC and by all other decisions of ESC which are final and
binding in all matters relating to the Contest.
NO PURCHASE NECESSARY:
No purchase is necessary to enter or win a prize. A purchase will not improve your chances of
winning.
APPLICABLE LAW (VOID WHERE PROHIBITED):
The Contest is subject to and governed by applicable federal, state, and local laws and
regulations. Participation in this Contest is void where prohibited or otherwise restricted by law.
CONTEST SPONSOR:
The sponsor of the Contest is Endangered Species Chocolate, Inc. (the “Sponsor”).
CONTEST CANCELLATION, SUSPENSION OR MODIFICATION:
ESC reserves the right to cancel, terminate, modify or suspend the Contest if it is not capable of
being completed as planned for any reason, including, but not limited to, computer virus, “bugs”,
tampering, unauthorized intervention, fraud, or technical failures of any kind or any other causes which
corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest. The
decision of ESC to cancel, terminate, modify or suspend the Contest shall be final in all respects.
9.29.2022
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ELIGIBILITY:
Geographical, Age and Parental Consent Requirements: The Contest is open to any legal
United States resident who is at least 18 years of age or older and has existing internet service at time of
entry.
Contest Entity and Immediate Family Member Ineligibility: The officers, directors,
employees, volunteers, contractors and agents of ESC, and any other entity involved in the sponsorship,
development, production, implementation and distribution of the Contest as well as their respective
parents, affiliates, divisions, subsidiaries and successor companies (collectively the “Contest Entities”),
and their immediate family members (and those living in the same household, whether or not related),
are prohibited from participating in the Contest and do not qualify as Participants. “Immediate family
members” shall include spouses, siblings, parents, children, grandparents, and grandchildren, whether as
“in-laws”, or by current or past marriage, remarriage, adoption, co-habitation or other familial extension.
HOW TO ENTER:
Entry Period: The Contest begins at 12:00:01 AM Eastern Standard Time on Wednesday,
October 5, 2022, and ends at 11:59:59 PM Eastern Standard Time on Sunday, October 16, 2022 (the
“Entry Period”).
Contest Entry Form and Qualifying Recipe Content: To enter, during the Entry Period,
Eligible Participants must complete and submit all information required on the Contest entry form
located on the www.chocolatebar.com/bakingcontest and submit their Qualifying Recipe. A Qualifying
Recipe must: (a) include ESC Oat Milk Chocolate Chips; (b) be entirely original and created by the
Participant or the Participant must have written permission from the owner/creator of the recipe to
submit the recipe and (c) not infringe upon or violate any third party’s rights (e.g. intellectual property
rights, rights of publicity and rights of privacy). Each Participant who submits a recipe represents and
warrants that the recipe is a Qualifying Recipe.
In the event of any dispute, the account holder for the email address listed on the Contest entry
form will be deemed the Participant.
Inappropriate Content: Qualifying Recipes may not feature, reference or contain any
unlawful, libelous, threatening, defamatory, obscene, vulgar, pornographic, abusive or profane materials.
Qualifying Recipes also may not feature, reference or contain tobacco, alcohol, drugs, rebel flags, sexual
connotations or other material deemed to be potentially inflammatory by ESC (in ESC’s sole discretion).
Qualifying Recipes that do not comply with the above or these Rules, or that otherwise contain
prohibited or inappropriate content as determined by ESC, in its sole discretion, will be disqualified and
ineligible to win.
Group Participation: If any group of individuals elects to collaborate on a Qualifying Recipe,
they are required to designate one (1) representative to enter the Contest and accept the prize on behalf
of the group. ESC is not liable for any disputes between collaborators related to a Qualifying Recipe.
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Multiple Qualifying Recipes: Multiple entries and Qualifying Recipes are not permitted.
Participants are limited to one entry and one Qualifying Recipe each.
Qualifying Recipe Transfer of Ownership and License: Once a Qualifying Recipe is
uploaded and the Contest entry form completed, the Qualifying Recipe is final and may not be modified
or edited without permission from ESC. Once entered, all license and/or ownership rights as set forth in
these Rules become effective.
Disclaimer of Responsibility for Entries: ESC is not responsible for problems with Contest
entries, including but not limited to entries which are lost, late, misdirected, damaged, incomplete,
illegible, or cannot be completed due to electronic or technical difficulties, even if the problem is the
result of the sole or partial negligence of ESC.
False, Fraudulent or Deceptive Qualifying Recipes, Entries or Acts: Participants who, in the
view of ESC, provide false, fraudulent or deceptive Qualifying Recipes or entry form entries or who
engage in false, fraudulent or deceptive acts in connection with the Contest will be disqualified and
subject to criminal prosecution.
PARTICIPATION PROBLEM DISCLAIMER:
Even if alleged to be caused by the sole or partial negligence of ESC, ESC is not responsible for
any problems which affect or result from participation or attempted participation in the Contest,
including, but not limited to the following:
1. Incorrect, incomplete or inaccurate entry information;
2. Human errors;
3. Failures, omissions, interruptions, deletions or defects of any wireless network, telephone
network, internet service, computer systems, servers, utility providers, or software;
4. Identity theft;
5. Tampering, destruction or unauthorized access to, or alteration of, entries or computer data;
6. Network hackers or other unauthorized access to ESC’s computer network;
7. Data that is processed late or incorrectly or is incomplete or lost due to wireless network,
telephone network, computer or electronic malfunction or traffic congestion on wireless or
telephone networks;
8. Printing errors;
9. Electronic or technical difficulties;
10. Equipment malfunctions; and
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11. Late, misdirected or lost entries.
PRIZES: There will be a total of eight prizes awarded. They are as follows:
1st place: $1,000, a Kitchen Aid Mixer, 144 Bars of ESC, 12 Bags of ESC Oat Milk
Chocolate Chips, ESC T-shirt, ESC Mug, ESC Cooler Bag, ESC Tote Bag
Total Approximate Retail Value (“ARV”) of the First Prize Package: $2,107.64
2nd Place: $500, Emile Henry French Ceramic Potter Collection, Set of 4, 72 Bars of
ESC, 6 Bags of ESC Oat Milk Chocolate Chips, ESC T-shirt, ESC Mug,
ESC Cooler Bag, ESC Tote Bag
Total ARV of the Second Prize Package: $1,138.82
3rd Place $250, Williams Sonoma Goldtouch® Pro Nonstick 6-Piece Essential
Baking Set, 36 Bars of ESC, ESC T-shirt, ESC Mug, ESC Cooler Bag,
ESC Tote Bag
Total ARV of the Third Prize Package: $ 626.40
Remaining Finalist Prizes:
24 Bars of ESC, 2 Bags of ESC Oat Milk Chocolate Chips, ESC Mug,
ESC Cooler Bag, ESC Tote Bag
Total ARV of each of the Remaining Finalist Prize Packages: $192.94
Total ARV of the Contest prizes is $3,872.86
TAXES:
The Participant prize-winner is solely responsible for determining and paying all federal, state,
and local taxes (including any sales taxes). Any person winning over $600 in prizes during any one-year
period will receive an IRS Form 1099 at the end of the calendar year, and a copy of the such form will
be filed with the IRS.
JUDGING CRITERIA/WINNER SELECTION:
All eligible entries will be judged by a panel of five (5) judges (“Panel”). The Panel shall consist
of ESC personnel. The Panel will score entries based on the following criteria: (a) uniqueness of recipe
(33%), (b) taste appeal (33%), and (c) use of ESC Oat Milk Chocolate Chips/alignment with brand
values (34%). The Panel shall select eight Finalists.
The Finalists will be contacted per the contact information list on the Participant’s entry form
and sent two bags of ESC Oat Milk Chocolate Chips no later than Thursday, October 20, 2022. Each of
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the Finalists is required to submit photos of the Qualifying Recipe’s finished product (i.e.
prepared/cooked state) no later than October 30, 2022. Timely and properly submitted Finalist
Qualifying Recipes and photos will be posted on the Contest website
www.chocolatebar.com/bakingcontest. Should ESC be unable to contact any Finalist or should any
Finalist fail to submit a photo of their completed recipe by the applicable due date, the Finalist shall be
disqualified and shall forfeit all prizes.
From on or about 12:00:01 AM Eastern Standard Time on November 2, 2022, until 11:59:59 PM
Eastern Standard Time on November 8, 2022 (“Voting Period”), visitors to the Contest website will
have an opportunity to review the Finalists’ Qualifying Recipes and vote for their favorite Qualifying
Recipe based on their assessment of the uniqueness of the recipe, taste appeal and use of ESC Oat Milk
Chocolate Chips. Voters will be limited to one vote per day.
The Finalist receiving the most votes during the Voting Period will be awarded the First Place
Prize; the Finalist receiving the second most votes during the Voting Period will be awarded the Second
Place Prize; the Finalist receiving the third most votes during the Voting Period will be awarded the
Third Place Prize; and the remaining Finalists will receive the “Remaining Finalist Prize” packages.
HOW TO CLAIM A PRIZE:
Finalists will be contacted no later than November 10, 2022.
Prerequisites to Prize Award: Prior to receiving the prize, each Finalist will be required to
provide: (1) a valid government-issued photo identification depicting proof of age and (2) a valid
taxpayer identification number or social security number. The social security number will be used for
tax-reporting purposes. ESC reserves the right to deny awarding the prize if the Finalist fails to provide
satisfactory identification, as determined in ESC’s sole discretion.
Each Finalist must also execute an Affidavit of Eligibility/Release of Liability, a completed IRS
W-9 and a Publicity Release before the prize is awarded. By entering the Contest, Participant agrees to
execute these documents if selected as a Finalist. Except where prohibited by law, failure to execute any
of these documents or comply with any of these terms will result in forfeiture of the prize.
Claiming the Prize: ESC will initially send, via mail or electronic mail, the Finalist any required
documents which need to be completed along with a return, pre-paid overnight delivery air bill (or pre-
paid postage authorization). Each Finalist must execute and return the completed forms within five (5)
business days of receipt of the forms. Failure to return completed forms within five (5) business days of
receipt of the forms may lead to forfeiture of the prize.
Once ESC receives the completed forms and/or all other prerequisites have been satisfied, ESC
will coordinate with the Finalist to redeem the prize with the relevant travel agencies.
Prize Forfeiture: Where a Finalist is found to be ineligible or to have violated any Rules, or if
ESC is unable to contact a Finalist within fourteen (14) days after selection for any reason, the prize may
be forfeited. Any such forfeiture decision will be made solely by ESC. ESC reserves the right, in its sole
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discretion, to award forfeited or unclaimed prizes to alternate Finalists or Participants or not to award
them at all.
WARRANTIES AND REPRESENTATIONS:
By entering and participating in the Contest, and in consideration thereof, Participant
individually warrants and represents to ESC that they: (i) meet the eligibility requirements at the time of
entry; (ii) will not violate the Qualifying Recipe criteria; (iii) agree to abide and be bound by these
Rules, and by all applicable laws and regulations, and the decisions of ESC; (iv) waive any rights to
claim ambiguity with respect to these Rules; (v) are (in conjunction with any collaborators) the sole
creator and owner of the Qualifying Recipe and Qualifying Recipe content and that any use thereof,
shall not violate any law and shall not infringe upon or violate the rights of any person or entity
(including, without limitation, contractual rights, copyrights, trademarks, rights of publicity and rights of
privacy).
RELEASE OF LIABILITY AND INDEMNIFICATION:
As consideration for entering the Contest, Participant agrees to RELEASE, DISCHARGE
AND COVENANT NOT TO SUE Endangered Species Chocolate, Inc. and each of its affiliates,
divisions, parent and subsidiary companies, related entities, officers, employees, volunteers,
shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys,
predecessors, successors, assigns and any other party involved or affiliated with the Contest
(collectively, the Released Parties), from and against all claims, damages, charges, injuries, losses,
proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful
death actions, warranty actions, breach of contract actions, privacy and defamation actions,
misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney
fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next
of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of,
involving or relating to their participation in the Contest, including, but not limited to, any claim that the
act or omission complained of was caused in whole or in part by the strict liability or negligence in
any form of the Released Parties.
Additionally, as consideration for entering the Contest, Participant agrees to INDEMNIFY, HOLD
HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all
claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort
actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions,
privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium
claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their
heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury
or damage arising out of, involving or relating to their participation in the Contest or for their failure to
comply with the terms of the above release provision. This agreement to indemnify, hold harmless and
defend applies even if the act or omission complained of was allegedly caused in whole or in part by
the strict liability or negligence in any form of the Released Parties.
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PUBLICITY RELEASE:
Unless prohibited by applicable law, Participant authorizes and irrevocably grants to ESC
permission to, from time to time, reference and discuss Participant and their participation in the Contest
on their website, in photographs, video recordings, digital images, audio recordings, publications,
newsletters, news releases, promotional or other printed materials, and in materials made available on
the Internet or in other media now known or hereafter developed for any purpose ESC and/or the
Released Parties deem proper. Such reference and discussion may include (but not be limited to)
Participant’s name and other personal/biographical material.
LICENSE AND TRANSFER OF OWNERSHIP RIGHTS:
By participating in the Contest, Participant irrevocably grants to ESC the perpetual right, without
any liability to any person or entity, to reproduce, adapt, transmit, distribute, communicate, make
available and otherwise use the Qualifying Recipe and associated content, without payment or any
compensation to Participant. This license applies perpetually throughout the universe in any medium
and in any manner, now or hereafter known, including, without limitation, radio and television
broadcasts, internet, cable and satellite transmissions, and print and other publications. Qualifying
Recipes will not be returned and may be used by ESC for any purpose whatsoever, without additional
compensation to the Participant or any other individual or entity.
Additionally, Finalists, unless otherwise prohibited by law, agree that the winning Qualifying
Recipe and associated content becomes the sole and exclusive property of ESC and assigns all rights,
title and interest in the Qualifying Recipe and associated content to ESC upon selection as the grand
prize winner.
DISQUALIFICATION:
Participant agrees to be bound by these Rules. Non-compliance with any of these Rules will
result in disqualification and all privileges as a Participant will be immediately terminated. ESC, in its
sole discretion, further reserves the right to disqualify any person for: (i) tampering with the entry
process or the operation of the Contest; (ii) gaining an unfair advantage in participating in the Contest;
(iii) obtaining winner status using false, fraudulent or deceptive means; or (iv) engaging in otherwise
unsportsmanlike, disruptive, annoying, harassing, or threatening behavior.
CAUTION: ANY ATTEMPT BY ANY PARTICIPANT OR ANY OTHER INDIVIDUAL TO
DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL
OPERATION OF ANY CONTEST, TELEPHONE SYSTEMS OR WEBSITE, OR UNDERMINE
THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL
AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, ESC RESERVES THE RIGHT
TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT
PERMITTED BY LAW.
RULES CHANGES AND INTERPRETATIONS:
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ESC reserves the right in its sole discretion to supplement or make changes to these Rules at any
time without notice. ESC also reserves the right in its sole discretion to interpret the Rules, and such
interpretation shall be binding upon all participants.
GOVERNING LAW AND JURISDICTION:
This Contest shall be governed by and construed in accordance with the laws of the State of
Indiana, without reference to conflict of laws principles. By entering the Contest, Participants hereby
submit to the exclusive jurisdiction and venue of the federal and state court(s) residing in Marion
County, Indiana and waive the right to have disputes arising out of the subject matter hereof adjudicated
in any other forum. In no event, will any Participant be entitled to injunctive relief or equitable relief of
any kind, or restrain the continuation of the Contest.
CLASS ACTION WAIVER:
PARTICIPANT WAIVES ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE
RELEASED PARTIES AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR
REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW
OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY.
TO THE EXTENT PARTICIPANT IS PERMITTED BY LAW OR COURT OF LAW TO
PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST A RELEASED
PARTY, PARTICIPANT AGREES THAT: (I) PARTICIPANT SHALL NOT BE ENTITLED TO
RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS
OR REPRESENTATIVE ACTION; AND (II) IF PARTICIPANT INITIATES OR
PARTICIPATES AS A MEMBER OF THE CLASS THEY WILL NOT SUBMIT A CLAIM OR
OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR
REPRESENTATIVE ACTION.
GENERAL RULES/LIST OF WINNERS:
Copies of these Rules may be obtained by sending a self-addressed stamped envelope to: Better
with ESC Baking Contest Official Rules, Endangered Species Chocolate, Inc., 5846 West 73rd
Street,
Indianapolis, Indiana 46278, or by visiting www.chocolatebar.com/bakingcontest.
For a list of the Contest winner(s) send a self-addressed, stamped envelope to: ESC Baking
Contest Official Rules, Endangered Species Chocolate, Inc., 5846 West 73rd
Street, Indianapolis, Indiana
46278, or by visiting www.chocolatebar.com/bakingcontest.
SPONSOR:
Endangered Species Chocolate, Inc.
5846 West 73rd
Street
Indianapolis, Indiana 46278