Guenther & Son Pioneer Brand – Chief Gravy Guru Contest Sweepstakes

PIONEER’S CHIEF GRAVY GURU CONTEST
OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT
INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL,
AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE
PROHIBITED. RESIDENTS OF RHODE ISLAND ARE NOT ELIGIBLE TO
PARTICIPATE. ONLY THE FIRST 170 VALID SUBMISSIONS WILL BE
ACCEPTED FOR THE CONTEST. SUBMISSIONS MADE AFTER THE 170TH
VALID SUBMISSION IS RECEIVED ARE VOID AND WILL NOT BE PART OF
THE CONTEST.
Pioneer’s Chief Gravy Guru Contest (the “Contest”) is sponsored by C.H. Guenther &
Son LLC located at 2201 Broadway, San Antonio, Texas 78215 (“Sponsor”). Sponsor
and its licensees, parents, subsidiaries, affiliates, successors, and assigns are referred to
throughout these Official Rules as “C.H. Guenther”.
1. Eligibility
Entries for the Contest may be submitted by any legal resident of the 50 United
States or the District of Columbia, unless otherwise excluded herein or prohibited by law,
who is not a minor in his or her state of residence and is at least 18 years old at the time
of entry. Employees of C.H. Guenther or any other companies associated with the
promotion of the Contest, and their respective parents, subsidiaries, affiliates, and
advertising and promotion agencies, as well as the immediate family (spouse, parents,
siblings, and children) and household members of each such employee, are not eligible to
participate in the Contest. The Contest is subject to federal, state, and local laws and
regulations and is void where prohibited or restricted by law.
2. Agreement to Official Rules
By submitting a Submission (defined below), Participant (defined below) fully
and unconditionally agrees to and accepts these Official Rules and the decisions of
Sponsor, which are final and binding. Winning a Prize (defined below) is contingent
upon the Participant being compliant with these Official Rules and fulfilling all other
requirements set forth herein.
3. How to Enter
To enter the Contest, an individual must submit the following items through the
online form found at www.chiefgravyguru.com (the “Submission”): (1) contact
information including full name, telephone number, and email address; (2) an original
recipe for a food item using a Pioneer® gravy mix, which recipe must contain an accurate
list of type and amounts of all ingredients used in the recipe and the steps necessary to
prepare the food item so that the recipe may be reproduced for third parties to attempt to
replicate; (3) a photo of the completed food item made using the recipe; (4) a “head shot”
photo of the entrant; and (5) an explanation of no more than 500 words about why you
should be the Chief Gravy Guru. Each person submitting a Submission will be
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considered a “Participant”. Only one entry per Participant is allowed. Submissions will
not be acknowledged or returned. Only the first 170 valid Submissions received by
Sponsor during the Submission Period will be accepted for the Contest. To be
considered a valid Submission, the submission must be complete with all of the required
components listed in this Section and must otherwise fully comply with these Official
Rules. Incomplete submissions and submissions that do not fully comply with these
Official Rules are void and will not be considered Submissions under these Official
Rules.
4. Submission Period
Participants may submit Submissions beginning at 11:00 a.m. ET on October 6,
2021and continuing through 11:00 p.m. ET on October 25, 2021 (the “Submission
Period”). The first 170 valid Submissions that are received by Sponsor during the
Submission Period will be automatically entered into the Contest. Submissions received
before or after the Submission Period will be disqualified. Submissions will be accepted
online throughout the Submission Period only using the method described in Section 3,
above. Determination of the first 170 valid Submissions will be done on a first-received
basis and may not occur until after the Submission Period. Sponsor may not provide
notice that 170 valid Submissions have been received before the end of the Submission
Period and disclaims any obligation to do so.
5. Selection of Gravy Guru Competitors
The first 170 valid Submissions made during the Submission Period will be
collected and judged by a panel of judges employed by Sponsor based on the following
criteria:
50% Ease, Accuracy, Creativity, Relevancy, and Clarity of Recipe (“Recipe
Score”)
30% Quality and Relevancy of Photography (“Photography Score”)
20% Interestingness, Relevancy, and Authenticity of Story (“Story Score”)
Using the foregoing criteria, the judges will determine the eight Submissions with
the highest total scores, and the Participants submitting those Submissions will be
potential “Gravy Guru Competitors” in the Gravy Guru Bracket Competition more
fully described in Section 7, below.
In the event of a tie during the judging to select the Gravy Guru Competitors, the
following “Tie-Breaking Procedures” will be employed: The Submission with the
highest Recipe Score shall be considered the higher scoring entry. In the event any
Submissions remain tied (i.e., the Submissions have identical Taste Scores), the
Submission with the highest Photography Score shall be considered the higher scoring
Submission. Should any Submissions still remain tied, the Submission with the highest
Story Score shall be considered the higher scoring Submission. Should any ties remain,
the earliest Submission received by Sponsor of those Submissions that remain tied will
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be considered the higher scoring Submission.
Judging will be conducted under the direction of Sponsor, whose decisions are
final and binding in all matters relating to the Contest.
6. Notification and Qualification of Gravy Guru Competitors
Sponsor will attempt to notify the potential Gravy Guru Competitors via direct
message to the Participants’ respective e-mail accounts. To move forward to the Gravy
Guru Bracket Competition, defined below, potential Gravy Guru Competitors must: (a)
complete an Affidavit of Eligibility, Liability, and Publicity Release (unless prohibited
by law) and any other documents required by Sponsor within 48 hours from the time of
initial notification of selection as a potential Gravy Guru Competitor, and (b) if Sponsor
so elects, submit to and cooperate with a confidential background check to confirm
eligibility and ensure that the use of any potential Gravy Guru Competitor in advertising
or publicity for the Promotion will not bring Sponsor into public disrepute, contempt,
scandal, or ridicule or reflect unfavorably on the Promotion or the Sponsor, as
determined by the Sponsor in its sole discretion. Potential Gravy Guru Competitors
understand and agree that Sponsor may disqualify a Gravy Guru Competitor from the
Contest based on the results of the background check or a Gravy Guru Competitor’s
refusal or failure to timely comply with requests made by Sponsor under these Official
Rules.
If any potential Gravy Guru Competitor is disqualified or withdraws from the
Gravy Guru Bracket Competition prior to the beginning of Round One Voting and there
is sufficient time for Sponsor to replace such potential Gravy Guru Competitor, then
Sponsor may select a new Gravy Guru Competitor using the next highest score
determined under Section 5, above, until eight Gravy Guru Competitors are fully-
qualified to participate in the Gravy Guru Bracket Competition. If any Gravy Guru
Competitor is disqualified or withdraws from the Gravy Guru Competition prior to the
beginning of Round One Voting and there is not sufficient time for Sponsor to replace
such potential Gravy Guru Competitor or if any Gravy Guru Competitor is disqualified or
withdraws from the Gravy Guru Competition at any time after the beginning of Round
One Voting, the Gravy Guru Competitor against whom the disqualified or withdrawn
Gravy Guru Competitor was matched in the applicable round of the Gravy Guru Bracket
Competition will be declared the winner of that round.
7. Gravy Guru Bracket Competition
The eight Gravy Guru Competitors selected in accordance with Sections 5 and 6,
above, will compete in a head-to-head bracket-style public voting competition featuring
elements of the Submissions of the Gravy Guru Competitors (“the Gravy Guru Bracket
Competition”) and conducted on Sponsor’s website at www.chiefgravyguru.com (“the
Website”). The initial bracket will be seeded by Sponsor, and all seedings are conducted
at Sponsor’s sole discretion.
7.1 Voting. Eligible voters for the Gravy Guru Bracket Competition must not
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be minors in their state of residence, must be at least 18 years old at the time of voting,
and must be individuals acting of their own volition and in compliance with these
Official Rules (a “Voter”). Voters may click on the Website to submit a vote during the
Gravy Guru Bracket Competition dates and times set forth in Section 7.2, below. Voters
must provide contact information, including their name and e-mail address, in order to
vote in the Contest (see Section 15, below). If a Voter chooses to vote via mobile device,
the Voter will be responsible for all text, data fees, and related charges that may apply as
assessed by the voter’s mobile provider. Only one vote per Voter per round is permitted.
Votes received in excess of the stated limitation will be void. Gravy Guru Competitors
are prohibited from obtaining votes by any fraudulent or inappropriate means as
determined by Sponsor in its sole discretion including, without limitation, offering prizes
or other inducements to members of the public and/or using any websites or online
forums designed to induce individuals or provide other incentives to vote for his/her
Submission. All votes are subject to final verification by Sponsor. Use of script, macro,
bots, or other automated systems to vote or with the intent to impair the integrity of the
voting process is prohibited, and all such votes will be void. Discovery by Sponsor of
material evidence of attempt(s) to use bots or automatic devices, third-party services,
incentives, bribes, vote-swapping sites, redirect links, disguised or fraudulent links, or
other tactics to place impermissible votes will result in disqualification of the responsible
Voter from participation in the Contest, and may result in further investigations by
Sponsor regarding potential coordination with a Gravy Guru Competitor. Coordination or
encouragement of improper voting by or with a Gravy Guru Competitor violates the spirit
of sportsmanship for this Contest and may subject the applicable a Gravy Guru
Competitor to disqualification, in Sponsor’s sole discretion. Sponsor reserves the right to
choose an alternative Prize winner if, in its sole discretion, it determines that there are
voting irregularities or other unsportsmanlike conduct on the part of the applicable Gravy
Guru Competitor(s) or Voters.
7.2 Contest Process. At the beginning of each round (defined below), Sponsor
will display the bracket for that round along with portions of the remaining Chief Gravy
Guru Competitors’ Submissions, consisting of some or all of the following (in Sponsor’s
discretion): first names, recipe names, “head shot” photos, recipe photos, and all or part
(i.e., a summary created by Sponsor) of the Submission explaining why the Participant
should be the Chief Gravy Guru.
Round One Voting Period. All eight Gravy Guru Competitors will be
featured on the Website between November 1, 2021 at 10:00 a.m. CT
and November 7, 2021 at 10:00 a.m. CT. During this Round One
Voting Period, Voters will be invited to visit the Website and vote one
time per round. The Gravy Guru Competitor in each head-to-head
bracket match-up with the most valid votes during the Round One
Voting Period (as determined by Sponsor) will have the opportunity to
move on to the next round.
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Semi-Final Round Voting Period. The four Gravy Guru Competitors
who advanced from Round One will be featured on the Website
between November 8, 2021 at 10:00 a.m. CT and November 14, 2021
at 10:00 a.m. CT. During this Semi-Final Round Voting Period,
Voters will be invited to visit the Website and vote one time per round.
The Gravy Guru Competitor in each head-to-head bracket match-up
with the most valid votes during the Semi-Final Voting Period (as
determined by Sponsor) (as determined by Sponsor) will have the
opportunity to move on to the next round.
Championship Round Voting Period. The two Gravy Guru
Competitors who advanced from the Semi-Final Round will be
featured on the Website between November 15, 2021 at 10:00 a.m. CT
and November 21, 2021 at 10:00 a.m. CT. During this Championship
Round Voting Period, Voters will be invited to visit the Website and
vote one time. The Gravy Guru Competitor in the head-to-head
matchup with the most valid votes during the Championship Round
Voting Period (as determined by Sponsor) will be the potentially
winning Gravy Guru Competitor, contingent upon fulfilling all
requirements of these Official Rules.
In the unlikely event of a tie in voting results during any of the rounds set forth
above, the winner of the round will be the Gravy Guru Competitor with the higher overall
score as determined by the initial judging conducted under Section 5 of these Official
Rules. Should any ties remain, the Tie-Breaking Procedure identified in Section 5,
herein, will be followed in order to determine the winner of the round.
7.3 Winner Notification
Sponsor will attempt to notify the potentially winning Gravy Guru Competitor via
direct message to the Gravy Guru Competitor’s email following conclusion of the Gravy
Guru Bracket Competition. The potentially winning Gravy Guru Competitor must
respond within 48 hours after Sponsor’s first attempt to contact Gravy Guru Competitor
and must sign and return the Prize Verification Forms (defined below) within the time
period indicated by Sponsor, otherwise the Prize will be forfeited. In the event a
potentially winning Gravy Guru Competitor cannot be contacted or does not respond as
required by these Official Rules in the designated period of time, such potential winning
Gravy Guru Competitor will be disqualified and the other finalist in the Championship
Round may be selected or Sponsor may choose an alternative Prize winner or may cancel
the Contest in its sole discretion.
7.4 Prize
One winner will be chosen as described in Sections 7.2 and 7.3, above, for a total
of one prize awarded. The Chief Gravy Guru Contest winner will receive $5,000 (“the
Prize”). All federal, state, and local taxes and all other costs associated with prize
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acceptance and use not specified herein as being provided are the sole responsibility of
the Prize winner. Sponsor reserves the right to substitute the Prize or any portion of the
Prize for one of equal or greater value for any reason.
8. Winner Verification and Prize Conditions
In addition to the other requirements stated in Sections 6 and 7.3, above, the
potential winning Gravy Guru Competitor will be required to sign and return to Sponsor
any legal documents that Sponsor may require to be adjudged the winner, including, but
not limited to, a Winner’s Affidavit, which may contain a liability release and a publicity
release and license consistent with the terms of Section 10, below, and any necessary tax
documents (collectively, “Prize Verification Forms”), within the amount of time
specified in the email or other notice by which Sponsor delivers the Prize Verification
Forms to the potential winning Gravy Guru Competitor.
9. General Conditions
In the event that the operation, security, or administration of the Contest is
impaired in any way for any reason, including, but not limited to, fraud, virus, bug,
worm, unauthorized human intervention, or other technical problem, or in the event the
Contest is unable to run as planned for any other reason, as determined by Sponsor in its
sole discretion, Sponsor may, in its sole discretion, either (a) suspend the Contest to
address the impairment and then resume the Contest in a manner that best conforms to
the spirit of these Official Rules, or (b) terminate the Contest and, in the event of
termination, award the Prize based on the highest scoring Submission made before the
time of the impairment or elect not to award the Prize to anyone. 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 in an unsportsmanlike or disruptive manner. Any attempt by any person to
damage the platform or 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 (including attorneys’ fees) and any other
remedies from any such person to the fullest extent permitted by law. Failure by
Sponsor to enforce any provision of these Official Rules shall not constitute a waiver
of that provision.
10. Publication and License
By posting a Submission, each Participant: (a) represents and warrants to Sponsor
that the Submission is an original work and that the Participant owns all right, title, and
interest in and to the Submission as of the date such Submission is submitted or has all
necessary rights and authorizations to submit the Submission and the express permission
of all individuals and for all content and materials embodied in the Submission to submit
the Submission for possible use as provided herein; (b) represents and warrants to
Sponsor that the Submission does not violate these Official Rules or infringe upon the
copyrights, trademarks, rights of privacy, publicity, or other intellectual property or other
rights of any person or entity; and (c) grants to C.H. Guenther an irrevocable, perpetual,
worldwide, royalty-free, unlimited, freely transferable right and license to use, edit,
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modify, duplicate, license, and/or create derivative works from the Submission for any
and all purposes, in any and all media, whether now known or hereafter devised,
including as necessary to conduct the Contest as described in these Official Rules. In
addition, and except as prohibited by applicable law, each Gravy Guru Competitor grants
to C.H. Guenther an irrevocable, perpetual, worldwide, royalty-free, unlimited, freely
transferable license to print, publish, display, broadcast, distribute, reproduce, use, and
otherwise exploit his or her name, voice, statement, picture, or other likeness, without
additional compensation, in any media now known or hereinafter known for any purpose
whatsoever, including public relations, advertising, and promotional purposes, as may be
determined by Sponsor. As further described in Sections 6 and 7.3 above, the Gravy
Guru Competitors may be required to sign a publicity release and license confirming the
foregoing grant of rights to C.H. Guenther as consideration for participation in the
Contest and the possibility of winning a Prize. Nothing herein will obligate C.H.
Guenther to make any use of any of the rights set forth herein.
11. Content Restrictions
Submissions must be made in the English language. Participants must not include
any of the following content (“Restricted Content”) in their Submissions: (a) anything
that is not in keeping with the reputation and image of the Sponsor brand of products and
services; (b) anything that is obscene, indecent, or sexually explicit or suggestive; (c)
anything that may be considered offensive to individuals of any age, race, ethnicity,
national origin, religion, sexual orientation, or other protected class or to persons who are
disabled; (d) anything that infringes, violates, or misappropriates any person’s or entity’s
personal or proprietary rights (including copyrights, trademarks, or other intellectual
property rights); (e) anything that defames or invades the publicity or privacy rights of
any person, living or deceased; (f) any threats to any person, place, business, group, or
entity; (g) anything that depicts illegal or violent acts or dangerous stunts; (h) anything
that is libelous, hateful, or slanderous; (i) anything that depicts or references tobacco,
alcohol, drugs, or weapons of any kind, including, but not limited to, guns, knives, or
projectiles; and (j) any images of individuals under legal age of majority, except if the
Participant obtains a signed release from such individual’s parent or legal guardian. Any
Submission that Sponsor determines includes Restricted Content shall be disqualified and
ineligible to participate in or win the Contest. The determination of whether content
submitted by a Participant is Restricted Content will be made in Sponsor’s sole and
absolute discretion and Sponsor’s determination that content is Restricted Content shall
be final and binding in all respects.
12. Release and Limitations of Liability
By participating in the Contest, Participants agree to release and hold harmless
Sponsor, and its parent, subsidiaries, affiliates, advertising and promotion agencies, the
entities identified in Section 13 below, any other entities associated with the Contest, and
each of their respective officers, directors, employees, shareholders, representatives, and
agents (the “Released Parties”) from and against any claim, cause of action, judgement,
costs, damages, losses, expenses, and liabilities, (whether arising under a theory of
contract, warranty, tort, strict liability, product liability, or any other theory) that may be
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suffered by Participant or any third party as a result of participation in the Contest,
acceptance, receipt, use, or nonuse of the Prize, C.H. Guenther’s use of the Participant’s
name, voice, statement, picture, or other likeness, or use of the Submission as permitted
hereunder (including but not limited to claims of false endorsement or infringement of
rights of publicity or privacy), even if such harm is caused solely by the recklessness,
negligence, or fault of one or more Released Parties. The Released Parties are not
responsible for any claims, damages, expenses, costs, or losses to any person (including
death) or property of any kind resulting from or arising from or in connection with, in
whole or in part, directly or indirectly: (a) any technical errors associated with the
Contest, including lost, interrupted, or unavailable Internet Service Provider, network,
server, wireless service provider, or other connections; availability, accessibility,
miscommunications, or failed computer, satellite, telephone, cellular tower, or cable
transmissions or lines; or technical failure or jumbled, scrambled, delayed, or misdirected
transmissions; or computer hardware or software malfunctions, failures, or difficulties;
(b) unauthorized human intervention in the Contest; (c) mechanical, network, electronic,
computer, human, printing, or typographical errors; (d) application downloads, (e) any
other errors or problems in connection with the Contest, including, without limitation,
errors that may occur in the administration of the Contest, the announcement of the
winning Participant, or the processing of Submissions; or (f) injury, death, losses, or
damages of any kind to persons or property that may be caused, directly or indirectly, in
whole or in part, from participation in the Contest or acceptance, receipt, or misuse of a
Prize. Participant further agrees that in any cause of action the Released Parties’ liability
will be limited to the lesser of $100 or the Participant’s actual out-of-pocket cost of
entering and participating in the Contest, and in no event shall the Participant be entitled
to recover or receive attorneys’ fees. Released Parties are also not responsible for any
incorrect or inaccurate information, whether caused by site users, tampering, hacking, or
by any equipment or programming associated with or utilized in the Contest. Participant
waives all rights and claims to special, incidental, punitive, consequential, direct, or
indirect damages, whether foreseeable or not, and whether based on negligence or
otherwise. 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. Check local laws for any restrictions or
limitations regarding these limitations or exclusions.
13. Third-Party Trademarks and Additional Disclaimer
Any third-party trademarks used in this promotion are the property of the
respective trademark owners and are used for identification purposes only. This
promotion is in no way sponsored, endorsed, administered by, or associated with such
third parties unless specifically stated otherwise. Without limiting the foregoing in any
way, by participating in the Contest, Participants agree and acknowledge that this
promotion is in no way sponsored, endorsed, or administered by, or associated with
Facebook, Instagram, or Pinterest, even if advertised on those platforms. Participants
further hereby release and agree to hold harmless Facebook, Instagram, and Pinterest
from and against any claim or cause of action arising out of participation in the Contest
or receipt or use of the Prize or any portion thereof.
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14. Disputes
Except where prohibited, each Participant agrees that any and all disputes, claims,
and causes of action arising out of, or connected with, the Contest or any Prize awarded
shall be resolved individually, without resort to any form of class action, and exclusively
by the appropriate court located in Bexar County, Texas. All issues and questions
concerning the construction, validity, interpretation, and enforceability of these Official
Rules, Participant rights and obligations, or the rights and obligations of Sponsor in
connection with the Contest or any Submission, shall be governed by and construed in
accordance with the laws of the State of Texas without giving effect to any choice of law
or conflict of law rules that would cause the application of the laws of any jurisdiction
other than the State of Texas.
15. Privacy
Information collected from Participants is subject to Sponsor’s privacy policy,
which can be found at https://chg.com/privacy-policy/. In addition, California residents
may review their rights under the California Consumer Privacy Act at
https://chg.com/california-consumer-privacy-act/. By submitting a Submission,
Participant consents to receiving communications about the Contest from C.H. Guenther
delivered to the e-mail address or phone number provided by Participant in the
Submission. If, as part of the Submission or when casting a vote, Participant or Voter
does not opt out of marketing communications, then she or he will also receive special
offers, coupons, and other marketing messages about C.H. Guenther products, but subject
to Sponsor’s privacy policy.
16. Winner List
The name of winner of the Chief Gravy Guru Contest can be obtained by sending
a request with a self-addressed, stamped envelope to: C.H. Guenther & Sons, Attn:
Customer Service, 2201 Broadway, San Antonio, Texas 78215. All requests must be
received within 60 days after the Contest ends.
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