THE LA MADELEINE® 30TH ANNIVERSARY RECIPE CONTEST (“CONTEST”); AND LA MADELEINE GIFT CARD SWEEPSTAKES
OFFICIAL RULES
VOID WHERE PROHIBITED BY LAW. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCE TO WIN. INTERNET ACCESS IS REQUIRED. SPONSORED BY LA MADELEINE. OFFERED ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (“U.S.”), AGED 18 YEARS OR OLDER.
1. ELIGIBILITY FOR BOTH THE CONTEST AND SWEEPSTAKES DESCRIBED HEREIN: Open to legal residents of the 50 United States and the District of Columbia who are 18 years of age and older (“Entrant”) at the time of entry (defined below). Employees, contractors, officers and directors of La Madeleine de Corps, Inc. (“Sponsor”), LOOMIS Agency (“Promotional Partner”), Splash Media LLP (“Promotional Partner”), Fleishman-Hillard (“Promotional Partner”), Children’s Hunger Fund (“Charitable Partner”), Facebook, and their respective parent companies, subsidiaries, affiliates or related companies, TV production partners, advertising agencies, promotional suppliers (collectively, “Contest Entities”) and the immediate family members (spouses and parents, children and siblings and their spouses, regardless of where they live) or members of the same households (whether related or not) of such individuals are not eligible. Moreover, you are not eligible to enter and will be disqualified if: (a) you are a food professional, such as a chef, food home economist, food educator or (b) you graduated from a culinary school/program or are enrolled in, auditing, or otherwise attending a culinary school/program as of February 28, 2013. All applicable federal, state, and local rules apply. Void in Puerto Rico and where prohibited or restricted by law.
This Contest is not sponsored, endorsed or administered by or associated with Facebook, Twitter, Word Press, Pinterest or KeyRing.
2. CONTEST ENTRY DATES: The Contest Submission period begins at 7:01 AM Eastern Time (“ET”) on February 28, 2013 and ends at 11:59 PM ET on March 24, 2013 (the “Contest Submission Period”).
3. TO ENTER THE CONTEST: To enter the Contest, visit the la Madeleine Facebook page and submit an original recipe which must use the la Madeleine Tomato Basil Soupe or the la Madeleine Reduced-Fat Tomato Basil Soupe and may use up to, but not more than, ten (10) total ingredients to create the recipe (“Recipe”). In addition to submission of the Recipe, Each Entrant will be required to provide: (a) their first and last name, (b) phone number, (c) email address, (d) blog/website (if applicable), (e) home address, (f) birthdate, (g) the la Madeleine location they visit most often, (h) a digital photo of the prepared Recipe; and (i) all of the content submitted must be no more than 1500 characters (the “Entry”). Your Entry must comply with the following and by entering you represent, warrant, and agree that: (a) the Recipe is created by you alone; it is not copied from any other material; you own all right, title and interest in and to the Recipe to enable you to grant the rights granted herein; and the Recipe does not infringe upon the rights of any third party; (b) you are entering the Contest for yourself alone and not as part of a group (i.e., two or more) of entrants; (c) the Recipe does not contain any brand name products except for the required use of the la Madeleine Tomato Basil Soupe or the la Madeleine Reduced-Fat Tomato Basil Soupe; and (d) the Recipe has not been previously published or submitted in any other contest or competitions and/or to any media, including, without limitation, any books or magazines. Entrants are automatically enrolled in the la Madeleine e-Club program, unless the Entrant opts out of the e-Club program by checking the appropriate box at the time of Entry. For more information about the e-Club program, please visit www.lamadeleine.com/eclub.
Entries and other submitted material become the property of Sponsor and will not be acknowledged or returned. By submitting an Entry, you grant the Sponsor and its affiliated companies the unconditional, exclusive and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the Entry or part thereof (with or without using your name) in any manner throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party. By way of example, but not by way of limitation, Sponsor may display your Entry or Recipe on the Internet (e.g., www.lamadeleine.com).
You agree that the Contest Entities have no obligation to post or publish your Entry (including the Recipe), that all such postings or publication, if any, will be in Sponsor’s sole discretion and that the posting or publication of a Recipe does not guarantee the Recipe is a winner.
You agree that the Contest Entities are not responsible for any unauthorized third party use of any Entry (including the Recipe). Entries (including the Recipes) will not be acknowledged and will not be received or held “in confidence” and a submission does not create a confidential relationship or obligation of secrecy between you and the Sponsor or any of the Contest Entities.
You agree that, upon request by the Sponsor, you will sign a copyright assignment (prepared at the sole discretion of Sponsor), winner’s affidavit affirming your compliance with the Contest Rules (prepared at the sole discretion of Sponsor), and provide a digital copy of your Entry in native resolution. By submitting an Entry, you further agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Contest Entities or any other person or entity, on the grounds that any use of the Entry, or any derivative works, infringes any of your rights, including, without limitation, copyrights and moral rights. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and the Contest Entities. In no way are you to be construed as the agent or to be acting as the agent of the Sponsor. In connection with Entrant’s Recipe, Sponsor hereby grants to Entrant revocable permission to share Entrant’s recipe on the Entrant’s Facebook, Twitter or Pinterest page solely in connection with this Contest and in compliance with Facebook, Twitter and Pinterest’s policies and for no other purpose. Sponsor may withdraw the foregoing permission at any time and for any reason. Entrant agrees to promptly delete or remove Recipe upon request by Sponsor. For clarity, Entrant is not granted any additional rights to any content owned by Sponsor and/or Promotional Partner other than what is explicitly granted above and Entrant may not use recipe for any other purpose.
Sponsor may withdraw the foregoing permission at any time and for any reason. Entrant agrees to promptly delete or remove the Recipe upon request by Sponsor. For clarity, Entrant is not granted any additional rights to any content owned by Sponsor and/or Promotional Partner other than what is explicitly granted above and Entrant may not use the Recipe for any other purpose.
Entries must not include materials (e.g., photos, language, phrases, quotations, etc.) owned, trademarked, or copyrighted by third parties and such Entries will be disqualified. Entries must not have been previously published, performed, or otherwise exhibited. Entries must not contain the name of any fictitious character(s) or any person other than that of the Entrant, unless such person has consented in writing to such use. Entries must not contain or depict any defamatory, obscene, sexually-explicit, abusive, harassing, hateful, discriminatory, threatening, or vulgar material and must be otherwise fit for publication/posting/uploading, as determined by Sponsor in its sole discretion. Entries must not contain any material that infringes upon any personal, proprietary, or any other right of any third party. Entries must not contain the last name, phone number(s), address, or email address of any person, except that of the Entrant. Entries must not contain any references to tobacco, drug paraphernalia, or any description or representation thereof. Entries must not contain any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation. Limit one (1) Entry per Entrant per day during the Contest Submission Period; however, no Entrant shall have multiple entries selected as Finalist entries, as defined below. You agree that the selection of any of your submitted entries as a Finalist Entry shall immediately disqualify all other entries you may have submitted during the Contest Period. Contest Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion (including, without limitation, at Sponsor’s, Promotional Partner’s and/or any other entity’s servers), are void and will not be accepted. Entries that are not reasonably pertinent to the judging criteria (described below), as determined by Sponsor in its sole discretion, or are otherwise in violation of these Official Rules will be disqualified.
- GRAND PRIZE WINNER SELECTION FOR THE CONTEST: There will be two rounds of judging.
First Round –
From March 25, 2013 to April 1, 2013, a panel of judges appointed by Sponsor (“Judging Panel”) will review each Entry. The Judging Panel will then select five (5) finalists (“Finalist” or “Finalists”) from the total submissions based on: (a) Perceived Taste of the Finished Recipe (50%); (b) Creativity (25%); and (c) Visual Appeal (25%), (collectively, the “Judging Criteria”). On or about April 2, 2013, the Finalists will be contacted by representatives of Sponsor and/or Promotional Partner and will be requested to submit additional photographs of the finished Recipe, information, and a background check authorization form. Sponsor reserves the right to select fewer than five (5) Finalists if, in Sponsor’s sole discretion, Sponsor determines that an insufficient number of eligible and qualified Entries are received. In the event of a tie on the First Round, all tied Entries will advance to the Second Round.
Second Round –
From 11:00 AM ET April 8, 2013 through 5:00 PM ET on April 28, 2013 Sponsor will post Recipe and photographs of the five (5) Finalists’ Recipes on the la Madeleine Facebook tab in order for members of the general public (“Voters”) who are eighteen (18) years or older and current legal residents of one of the fifty (50) United States or the District of Columbia to vote for their favorite recipe based on Taste Appeal (100%) and otherwise in accordance with these Official Rules, for, in the case of each Voter, the entry that the Voter has selected (“Public Judging Period”). Voters can vote one time per person per day per IP address. The Entry with the highest number of votes during this round will be declared the Grand Prize Winner.
VOTERS ARE STRICTLY PROHIBITED FROM VOTING BASED ON THE FOLLOWING: RACE, GENDER, COLOR, RELIGION, SEX, NATIONAL ORIGIN, AGE, MARITAL STATUS, DISABILITY, MEDICAL CONDITION, SEXUAL ORIENTATION, CITIZENSHIP OR ANY OTHER BASIS PROTECTED BY APPLICABLE FEDERAL, STATE OR LOCAL LAW, ORDINANCE OR REGULATION. If it is brought to the attention of Sponsor that a Voter has voted using any criteria other than the Finalist Judging Criteria, or otherwise in violation of these Official Rules, his/her vote will be disqualified. Each Finalist may vote for his/her own Entry. All votes must be received by 5:00 PM ET on April 28, 2013 to be counted. Any attempted form of voting other than as described herein shall be null and void.
In the event of a tie, the winning Entry will be determined by Sponsor in its sole discretion. The decisions of Sponsor are final and binding.
5. GRAND PRIZE WINNER AND GRAND PRIZE FOR THE CONTEST: On May 1, 2013, Sponsor will announce the Grand Prize Winner. One (1) Grand Prize Winner (the “Grand Prize Winner”) will win a vacation trip package for the Grand Prize Winner and one (1) guest to Paris, France and the Loire Valley (the “Grand Prize”). The Grand Prize will include: (i) round-trip coach airfare for Grand Prize Winner and one (1) guest from the major U.S. commercial airport nearest Grand Prize Winner’s home; (ii) airport and ground transfers in France; (iii) train fare from Paris to the Loire Valley; (iii) dual-occupancy lodging for Grand Prize Winner and his/her guest for six (6) nights; and (iv) gift cards for meals. Approximate retail value (“ARV”) of the Grand Prize is $10,000.
6. The specifics of all aforementioned elements of the Grand Prize shall be solely determined by Sponsor. All costs, taxes, fees, and expenses associated with any element of the Grand Prize not specifically addressed above are the sole responsibility of the Grand Prize Winner. All federal, state and local taxes on prizes are the prize Grand Prize Winner’s responsibility. Grand Prize Winner will be issued a 1099 tax form for the actual value of the Grand Prize.
7. Travel must be round trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Promotion, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. Grand Prize Winner will not receive difference between actual cost of the Grand Prize and the ARV. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. All travel must be completed by December 31, 2013, and must be arranged with Sponsor a minimum of sixty (60) days in advance, and is subject to availability, and Sponsor’s approval. If Grand Prize Winner is unable to fulfill Grand Prize during time period, Grand Prize Winner forfeits the Grand Prize in its entirety. All travel dates will be determined by the Sponsor, and once made may not be altered, except in the sole discretion of Sponsor. Some restrictions may apply. Meals not described above, incidentals, tips, telephone calls, or any other personal expenses incurred during the trip are not included. All other expenses not specifically identified as included in the Grand Prize are the sole responsibility of the Grand Prize Winner. Grand Prize Winner and guest must travel the same itinerary and on the dates and/or times specified by Sponsor or prize will be forfeited in its entirety. Travel companion of Grand Prize Winner must be at least twenty-one (21) years of age or older, unless accompanied by his/her parent or legal guardian, and must each sign a Liability and Publicity Release. If potential Grand Prize Winner’s travel companions fail to return such documents within date and/or time indicated within such documents, then the potential winner will be disqualified and an alternate Grand Prize Winner will be selected. Except where prohibited by law, the Grand Prize Winner’s Entry and acceptance of the prize constitutes permission for the Contest Entities to use said Grand Prize Winner’s travel companion’s names, photographs, likenesses, statements, biographical information, voices, and city and state addresses on a worldwide basis, and in all forms of media, in perpetuity, without further compensation.
- Prizes cannot be transferred, substituted, or redeemed for cash except at Sponsor’s sole discretion.
- Odds of winning will be determined by the number of eligible entries received and the quality of each entry. By entering the Contest, Grand Prize Winner acknowledges that he/she will not receive any compensation or proceeds from the sale of the Recipe creation.
In addition to the Grand Prize, Sponsor will award runner-up prizes to the other Finalists based on the number of votes each entry received during the Public Judging Period; such prizes to be awarded as follows: One (1) la Madeleine gift card in the amount of $150.00 USD to each of the four (4) remaining Finalists (Total ARV: $750 USD).Total ARV of all prizes in relation to the Contest, including Grand Prize: $10,750 USD.
10. VOTER ENTRY LA MADELEINE GIFT CARD SWEEPSTAKES
During the Public Judging Period, Voters may vote by visiting the sweepstakes tab at www.facebook.com/lamadeleine and click on the “Like” button (if you are already a fan of www.facebook.com/lamadeleine, you will not be required to “like” the page again). Next, you will be required to input your name and email address and click the “Enter the Sweepstakes” button (the “Voter Entry” or “Voter Entries”). You may then return to the Facebook page if you desire. The order of these steps may vary. These steps will enter you in the la Madeleine Gift Card Sweepstakes. Only one Voter Entry per email address is allowed per day during the Sweepstakes Period. Valid Voter Entries must be submitted via the online method as described above. All Voter Entries must be received during the Sweepstakes Period as determined by the computer time on Sponsor’s server. Any attempt by a participant to obtain more than the allowable Voter Entries by using multiple/different e-mail addresses or Facebook accounts, identities or any other online methods will void all of that participant’s entries.
By entering, entrants agree to comply with these Official Rules including all eligibility requirements. Sponsor reserves the right to verify eligibility of all entrants. Illegible and/or incomplete Voter Entries and Voter Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Sponsor, Promotional Partner, and their agents are not responsible for lost, late, or misdirected Voter Entries, for technical, hardware or software failures of any kind, for lost or unavailable network connections, or for failed, incomplete, garbled or delayed computer transmissions or any human error which may occur in the receipt or processing of the Entries. Proof of entering information at website does not constitute proof of delivery or receipt. Sponsor reserves the right to modify the scheduling of the Sweepstakes without prior notification. Use of computer programs, macro, programmed, robotic, automatic and other similar means to enter the Sweepstakes is prohibited and may result in the disqualification of Entries and/or the entrant. In the event of a dispute regarding the identity of the person submitting an Entry, the Voter Entry will be deemed to be submitted by the person in whose name the e-mail account is registered on the date the Voter Entry is submitted. All Voter Entries become the sole property of the Sponsor and will not be acknowledged or returned.
Potential winners will be selected in a random drawing each day during the Judging Period, by Sponsor or its designee, whose decisions are final and binding on all matters relating to the Sweepstakes (“Potential Winners”). Each Potential Winner will be notified by email using the email address provided in the Sweepstakes Entry (“Prize Notification”) and each Potential Winner must respond by email within seven (7) calendar days of the date of the Prize Notification (the “Deadline”), with Potential Winner’s full name and a mailing address (“Mailing Information”), where Sponsor can send his/her Prize (if warranted), a Declaration or Affidavit of Eligibility and Liability/Publicity Release (collectively, the “Sweepstakes Documents”). The mailing address must be a street address (e.g., no P.O. Boxes). If any Potential Winner does not respond to the Prize Notification by the Deadline, such Potential Winner will be disqualified and an alternate Potential Winner (for each unclaimed Prize) will be selected from all remaining eligible entries received for the original drawing. Once Sponsor or Promotional Partner receives each Potential Winner’s Mailing Information, a set of Sweepstakes Documents will be emailed (via the email address provided in the Entry) to each Potential Winner. Each Potential Winner must complete, sign and return the Sweepstakes Documents postmarked within seven (7) calendar days of the date the Potential Winner received the Sweepstakes Documents, or the Prize will be forfeited and an alternate Potential Winner selected for each such unclaimed Prize. Sponsor and Promotional Partner are not responsible for the failure for any reason whatsoever of Potential Winners’ to receive their Prize Notification or for Sponsor or Administrator to receive Potential Winners’ response and/or Sweepstakes Documents. Return of any Prize Notification or Sweepstakes Documents as undeliverable, the inability of Sponsor or Promotional Partner to contact a Potential Winner, the failure of a Potential Winner to contact Sponsor or Promotional Partner in a timely manner, the inability of a Potential Winner to accept or receive the Prize for any reason, and/or the non-acceptance by a Potential Winner of any Price for any reason will result in disqualification of such Potential Winner, and alternate Potential Winner(s) will be selected randomly from all remaining eligible entries received. Potential Winners who receive Prizes are known as the “Winners.”
PRIZES: Each day during the Judging Period, five (5), ten (10) dollar gift cards for la Madeleine Country French Café will be awarded. Approximate retail value (“ARV”) of an individual prize is ten dollars ($10.00). ARV of five (5) individual prizes is fifty dollars for 21 days, resulting in a total ARV for this sweepstakes of U.S. $1,050 (One Thousand Fifty Dollars and No Cents).
Taxes will be the sole responsibility of the Winner(s). The odds of winning a prize in the sweepstakes depend on the total number of eligible entries received for each drawing.
11. GENERAL: All taxes on prizes and all expenses related to acceptance and use of prizes and not specified are the sole responsibility of winners. Promotional Partner will provide to Sponsor the names, cities and states of Winners for purposes of promoting Contest Winners. Winners will be notified by email, phone, postal mail and/or express mail at Sponsor’s sole discretion by Promotional Partner. If a winner is 18 or older, as is required for entry, but not of the age of majority in state of residence (or the District of Columbia, if applicable), the prize will either be awarded in the name of parent or legal guardian, or parent or legal guardian must ratify and sign any and all documents required of winner. Inability to contact a winner or the return of any prize notification as undeliverable will result in the prize being forfeited and awarded to an alternate winner. By participating, entrants agree [a] to these rules and decisions of Sponsor, which shall be final in all respects relating to this Contest; [b] to release, discharge and hold harmless Contest Entities, their subsidiaries and affiliates or related companies from any and all injuries, liability, losses and damages of any kind resulting from their participation in the Contest or their acceptance, use or misuse of prize including, without limitation, personal injury, death and property damage; and if a winner, [c] to the use of his or her name and/or photograph for advertising, publicity and promotional purposes in all media, including but not limited to on air and within www.lamadeleine.com, without compensation (unless prohibited by law) and agree to execute specific consent to such use upon request. Sponsor is not responsible for and shall not be liable for: [a] electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or for any human, typographical, printing or other error relating to or in connection with the Contest, including, without limitation, errors which may occur in the administration of the Contest, processing of entries; the announcement of the prize or in any Contest–related materials, [b] failed, incomplete, garbled, or delayed computer transmissions; [c] late, lost, misdirected or incomplete entries or postage-due mail; [d] damage to entrants’ or any person’s computer or the contents thereof; [e] any condition caused by events that may cause the Contest to be disrupted or corrupted; or [f] any damage to prizes during shipping or delivery. Sponsor reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Contest if fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity of the Contest (or portion thereof), as determined by Sponsor in its sole discretion, and limit entries to those submitted prior to the action taken, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. Any attempt by an entrant to deliberately damage any Web site or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder and/or proof of employment. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or the Web Site; to be acting in violation of the Official Rules; to be acting in violation of the terms of the Web Site, or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Entries may not be made by any other individual or any entity, and/or originating at any other Internet Web site or e-mail address, including but not limited to commercial contest subscription notification and/or entering service sites. Any winner who enters by any of the methods described above will be disqualified and an alternate winner selected. Use of any device to automate entry or votes is prohibited. Sponsor reserves the right in its sole discretion to disqualify any entry at any time in the event it is determined that the entrant has not complied with these Official Rules.
12. INDEMNITY AND RELEASE OF FACEBOOK: You acknowledge that the promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to Sponsor and not to Facebook. The information you provide will only be used for the Contest. You agree to release Facebook from all liability relating to this promotion. You will indemnify and hold Facebook harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) for any claim related to the promotion including without limitation the publicity or administration thereof.
13. PRIVACY POLICY: The information Entrants and Voters provide in connection with this Contest and Sweepstakes will be provided to Sponsor, not Facebook, and shall be subject to Sponsor’s privacy policy (the “Privacy Policy”) which can be found at . The information Sponsor collects during this Contest and Sweepstakes shall be treated consistent with the terms of the Privacy Policy. Sponsor will use the information Entrants and Voters provide only to administer the Contest and the Sweepstakes.
14. GENERAL RULES : All entries and prize claims become the property of Sponsor and will not be returned. Released Parties (as defined below) assume no responsibility for lost, late, stolen, delayed, damaged, misdirected, undelivered, illegible, incomplete or postage-due entries, prize claims or mail. Except where prohibited, by accepting a prize, winners consent to the use by Sponsor and its designees of their names and/or photographs for advertising and publicity purposes in any and all media now or hereafter known throughout the world in perpetuity without limitation and without additional compensation, notification or permission. By participating in this promotion, each entrant accepts and agrees (i) to be bound by these Official Rules and the decisions of the Sponsor and judges, which shall be final and binding in all respects, and (ii) to release Sponsor, Facebook and their parents, subsidiaries, affiliates and advertising and promotion agencies, and the respective directors, officers, employees and agencies of the foregoing (collectively, the “Released Parties”) from any and all liability of any injuries, losses or damages of any kind caused by participating in this promotion or resulting from acceptance, or use/misuse of the prize. Entries generated by script, macro or other automated means will be void. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the promotion or any applicable Facebook pages or applications, violates the Official Rules, or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE FACEBOOK OR ANY WEBSITE RELATED TO THE PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION THE CONTEST RULES AND OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Released Parties are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this promotion which may limit the ability to participate or by any human error which may occur in the processing of entries in this promotion. Sponsor reserves the right to modify, terminate, or suspend the online entry should virus, bugs, non-authorized human intervention or other causes corrupt the administration, security, fairness, or proper play of the promotion. These contest rules constitute the full agreement relating to the promotion. In the event of any conflict between these rules and any of the documents relating to the promotion, these rules shall prevail.
15. DISPUTES: Each entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or in connection with this promotion, or any prizes awarded, shall be resolved individually, without resorting to any form of class action, and any judicial proceedings shall take place in a federal or state court within the State of Texas; 2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the promotion, 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 or provisions (whether of the State of Texas, or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of Texas. IN NO EVENT SHALL SPONSOR OR ITS RELATED ENTITIES BE LIABLE TO ANY ENTRANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO ANY INDIVIDUAL ENTRANT IN THIS PROMOTION.
16. WINNER LIST: For a list of winners, mail a self-addressed, stamped envelope to be received by July 31, 2013, to: LOOMIS Agency., Attn: la Madeleine Recipe Contest Winners List, 17120 Dallas Parkway, STE 200, Dallas, TX, 75248
17. SPONSOR: La Madeleine de Corps, Inc.
12201 Merit Drive, Suite 900
Dallas, TX 75251
©2013 La Madeleine de Corps, Inc. All rights reserved.
