Dave's Gourmet is 100% focused and dedicated to making exceptional innovative sauces, spices, dips, spreads, etc. We are convinced that our small, but talented staff, can't possibly outperform all the thousands of super talented home cooks, chefs, etc. out in the world. This is why we are having a contest and are trying to find fantastic food items, wherever they may be. We are so motivated to bring out more sensational sauces that we are offering potential royalties of as much as $1 million to the Brand Prize Winners.
Rules
Prizes
Entrants that are selected as finalists will receive a cool gift pack from Dave’s Gourmet, Inc. Entries that are selected to be marketed by Dave’s Gourmet under its label (Brand Prize Winners) will receive royalties of as much as $1,000,000 and may have their name put on the label. Royalties to any Brand Prize winner will be calculated as 5% of that product’s sales (not including shipping, sales taxes, and returned product) for a period of six years or until payment of $1,000,000 million dollars in royalties is reached, whichever comes first. Those selected to have their products marketed are Brand Prize Winners. These Brand Prize Winners will each receive a $2000 advance payment after filling out appropriate forms.
We will only select a Brand Prize Winner if we feel that an item(s) is/are appropriate. There is a chance that we will not select any entry. In the event that no qualifying recipes are selected as Brand Prize Winners, no royalties nor advances will be paid, but we will pick the best item that we did receive and will pay that winner $1000. All taxes and other expenses, if any, are the sole responsibility of each Brand Prize Winner. This Contest is void where prohibited or otherwise regulated. All federal, state and local laws apply.
Calculation of Royalties
Note that Brand Prize winners can win up to $1,000,000.00 million, but it is much more likely that they will win an amount less than that. It will depend 100% upon how well their item sells. Dave’s Gourmet only guarantees that the Brand Prize Winner will win the minimum $2000. Beyond that they could win $2000, $17,000, or $484,000 or any other amount below $1,000,001. Dave’s Gourmet is under no oblgation to market a winning item and can launch or discontinue an item as it sees fit. Brand Prize Winners will receive a statement and check once every January 31 or before. Royalties are calculated as gross sales less returns, shipping, sales taxes, and free/slotted product multiplied times 5%.
Referal Prize
If you are someone who does not have a great sauce, but you know someone who does, you could win $500. To be eligible, simply tell somebody with a great sauce about this contest and be sure to have them include your name on the “referred by” line of their entry form. Note, in order to be eligible to win the referral fee, your name must be clearly written on the winning contestant’s entry form. Only on person may be listed as a referrer on each entry. If a contestant has multiple entries, they can list a different referrer on each one. Only the name listed on the referred by line of the Brand Prize winning entry will win a referral fee.
RECIPE CATEGORIES and CRITERIA
What types of items will be considered?
We will accept any types of sauces, dips, salsas, or spreads (bbq, hot, pasta, tapenade, etc.). If you have an item that does not fit in these parameters, but you feel is truly incredible, then drop us a note and we might consider it.
Who can enter?
You are eligible if you are 18 years of age or older as of October 15, 2011, and are a legal United States resident residing in one of the 50 United States or the District of Columbia at the time of the Contest Finals. The Contest is open to both home cooks and food professionals. Employees, officers, directors of Dave's Gourmet, Inc., and each of its respective parent companies, subsidiaries, corporate affiliates, advertising and promotion agencies engaged in the design and implementation of the Contest and the immediate family members and members of the same household of such individuals are not eligible. "Immediate family" means parents, children, siblings and spouse, regardless of where they reside.
How do I enter?
Contestants are required to create an original recipe. To enter, go towww.davesgourmet.comand submit your recipe using the online Entry Form. Fill in all information requested on the entry form completely and type your recipe, listing each recipe ingredient with specific flavor and brand, exact measurements in grams, equipment with exact dimensions or sizes and complete preparation instructions. All submissions must be in English. All entries must be received by 11:59 a.m. (Pacific Standard Time) on December 31, 2011. Each entry should be submitted only once. Individuals may enter more than one recipe (each as a separate entry).
An entry must be an original recipe and cannot be a copy or imitation of an existing recipe. An entry may not contain the trademark, trade name, logo, or copyrighted material, of any person or entity. If any entry is found in Dave's Gourmet, Inc.'s sole discretion to be infringing on the intellectual property rights of any third party, that entry will be disqualified. If the recipe is derived from a previously published recipe, it must have at least twp (2) significant ingredients that are different and the method of preparation changed in order to qualify. Recipe must not have been previously submitted to another national contest, promotional event, or for publication.
By entering, each entrant represents and warrants that the submitted recipe:
- is the sole, exclusive, and original creation and property of the entrant alone; no other individual contributed to it; and the recipe has not been copied in whole or in part from any other work without the significant modifications required above;
- does not violate or infringe any copyright, trademark/trade name, logo, trade secret or intellectual property right, other proprietary right of any person (including but not limited to rights of privacy or publicity or portrayal in a false light), or entity;
- is the sole and exclusive property of the entrant; and
- has not been published in, or submitted to, any other competition.
Once an entry is submitted, it cannot be changed, altered or modified without the express agreement of Dave's Gourmet, Inc.
Only entries submitted via the electronic entry form provided on the website above will be accepted. Dave's Gourmet, Inc. may prohibit any individual from participating in the Contest or winning a prize if, in its sole discretion, it determines that said individual is attempting to undermine the legitimate operation of the contest or violates the Official Rules. By submitting your recipe, you accept all Contest rules and agree to be bound by the decisions of the judges, which will be final. You also agree that, if you win, your recipe(s) becomes the sole property of Dave's Gourmet, and Dave's Gourmet reserves the right to edit, adapt, copyright, publish, transfer and use any or all of them, without compensation. Entrants to the Contest also authorize Dave's Gourmet to use their name and photo in Contest related publicity without further compensation.
Schedule
- October 15 to December 31, 2011: contest is open to all entries.
- January 1 to 4, 2012: recipes are reviewed, semi finalists are picked and notified. Semi-finalists will be asked to prepare samples of their items for tasting at this time.
- January 12 to 14, 2012: Semi-finalists' entries are tasted and finalists are picked and notified.
- January 15 to 17, 2012: At the Fancy Foods Show hundreds of food professionals will taste the finalists' entries and will vote for their favorite.
- January 18, 2012: Winner(s) will be announced and notified
Within two weeks of being notified winners must sign some paperwork and collect their advance.
How will recipes be judged
Entries must be theoriginalrecipe of the entrant. Judging will be done by food professionals according to the criteria outlined below for the Winning recipes:
- Taste - It must taste great.
- Appearance - It must look good.
- Creativity - is the recipe innovative and does it offer something different to consumers vs. what is out there.
- Consumer Appeal - is this the type of item that consumers would buy/eat.
- Manufacturability - Is this something that Dave's Gourmet, Inc., can actually make on a commercially viable scale.
Judges will disqualify previously published recipes, such as, but not limited, to those in cookbooks, in magazines, from food companies, on food or recipe websites and winners in cooking contests, unless the recipe features changes considered significant by the judges. Winners' recipes will be prepared and judged by a panel of food experts. Decision of the judges is final in all matters relating to this Contest.
What happens if I win?
Semi-finalists will be notified in the first week of January 2012, Finalists in the second week and Winners in the third week of January 2012 of their victory by e-mail, mail, or phone. Winners will be required to sign an affidavit of eligibility, a confidentiality agreement, certify that their recipe is original and sign a liability release/assignment of rights and return them to Dave's Gourmet, Inc. within 14 days of notification. Dave's Gourmet, Inc. reserves the right to cancel this promotion at its sole discretion. Winners will be posted on the Internet atwww.davesgourmet.com. Brand Prize Winner(s) will be announced in the third week of January 2012.
And Now From our Attornys - General Conditions
All issues and disputes regarding any aspect of the Contest, including, but not limited to the construction, interpretation and enforceability of these official rules, shall be governed by the laws of the state of California, without regard to principles of conflicts of laws. All suits and claims shall be brought in a court of competent jurisdiction situated in San Francisco, CA.
By participating, participants, agree (a) to be bound by these Official Rules and the decisions of Dave's Gourmet, Inc., and the judges, which decisions shall be final and binding in all matters relating to the Contest; (b) that Dave's Gourmet, Inc., and the judges, their respective affiliates, parent companies, subsidiaries, distributors, advertising and promotion agencies, and their respective officers, directors, employees, representatives and agents (individually and collectively "Released Parties") are released, will have no liability whatsoever for, and shall be held harmless and indemnified by participants against any and all liability for any injuries, losses or damages, rights, claims and actions of any kind to person(s), including personal injury, death, or damage to or loss of property, or violation of intellectual property rights, or rights of publicity or privacy resulting in whole or in part, directly or indirectly, in connection with participation in the Contest and the acceptance, possession or use of the prize; (c) that participants who do not comply with these official rules, or who attempt to interfere with this Contest in any way shall be disqualified and (d) winner, by acceptance of prize, except where legally prohibited, grants permission for Dave's Gourmet, Inc. (and agrees to confirm such permission in writing) and those acting pursuant to Dave's Gourmet, Inc.'s authority to use, in perpetuity, his/her name, picture, voice and/or likeness, biographical information and statements and prize information, and entry recipe.
Limitation of Liability
The Released Parties are not responsible for and shall not be liable for: (a) printing or typographical or computer errors in any Contest-related materials and in the event of any inconsistency between Contest-related materials and these official rules, these official rules shall govern and control, (b) technical failures of any kind including but not limited to electronic, hardware or software program, network, telephone (including wireless devices and/or handsets), Internet, website, ISP availability or computer malfunctions, failures, or difficulties of any kind, including without limitation, computer malfunction or by any human error which may occur in the administration, collection and processing of entries; (c) failed, incomplete, garbled or delayed computer transmissions; (d) lost, late, undeliverable, misdirected, incomplete, illegible or inaccurate entries or regular or express mail; (e) unauthorized human intervention in any part of the entry process or the Contest; (f) any error or condition that may cause the Contest to be disrupted or corrupted, regardless of the cause; or (g) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participant's participation in the Contest or receipt or use or misuse of any prize. If, for any reason, a participant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, participant's sole remedy is another entry in the Contest, provided that, it is possible to award another entry prior to discontinuance of the Contest.
Dave's Gourmet, Inc., reserves the right, in its sole discretion, to cancel, modify, terminate or suspend the Contest or any portion thereof should the Contest be incapable of running as planned for any reason that corrupts or impairs the administration, security, fairness, integrity or proper play of the Contest. In the event of cancellation, termination or suspension, notice thereof will be posted at www.davesgourmet.com. Dave's Gourmet, Inc., reserves the right to void any entries determined by Dave's Gourmet, Inc., in its sole discretion to have been submitted fraudulently or in contravention of the Official Rules. Dave's Gourmet, Inc., failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, 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.
Miscellaneous
Entrants understand that Dave's Gourmet, Inc., has been developing food items for years and will continue to do so. There is a chance that an entry submitted will be significantly similar to an item that Dave's Gourmet, Inc., has worked on, is currently working on, or plans to work on in the future. Entrants agree that entries will not win if they are too similar to a project that Dave's Gourmet, Inc., has, is or is planning on developing.
CLICK HERE TO ENTER!
|