Barista Magazine and Ghirardelli Contest Official Rules
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. By participating in the Ghirardelli and Barista Magazine Challenge “Cool Caramel” (“Challenge” or “Contest”), you acknowledge that you have read and agree to be bound by these Official Rules and the decisions of Ghirardelli Chocolate Company (“Ghirardelli”) and Barista Magazine (“Sponsors”), and that you satisfy all eligibility requirements.
ELIGIBILITY: The Contest is open only to those who are legal residents of the continental United States and the District of Columbia and 18 years of age or older as of the date of entry and shall be governed solely by U.S. law. The following individuals are not eligible to participate in the Contest: (a) employees, officers, directors, or members of the Sponsors and their parents, affiliates, subsidiaries, advertising, fulfillment, and marketing agencies; and (b) members of their immediate families or persons living in the same household. All federal, state and local laws and regulations apply. By participating, you agree to be bound by the terms of these official rules and by the decisions of the Sponsors, which are final and binding on all matters. Void in Alaska, Hawaii, Rhode Island and where prohibited.
HOW TO ENTER: Sponsors invite up to five (5) contestants to participate in the Challenge. Contestants are free to decline or accept the challenge in writing by Tuesday, May 31, 2023. If they accept, they must review the Ghirardelli Full Line Brochure and submit their name, shipping address, phone number for delivery, and select product names and desired quantity (value of up to $350) no later than Monday, June 5, 2023. By accepting the challenge, contestants also acknowledge that they will abide by the rules of the contest which are:
- Limit one (1) entry per person.
- All drinks must include Ghirardelli Caramel Sauce and/or Ghirardelli Sea Salt Caramel Sauce.
- All drinks must be served cold (blended or iced).
- Drinks may not include alcohol.
- Drinks may include espresso, but not required.
- Use of any chocolate, cocoa, caramel, or vanilla ingredients made by companies other than Ghirardelli are prohibited. Contestants may use other syrups, creams, and toppings but will not call out brand names.
Contestants must submit the following by Saturday, June 16, 2023, to sarah@baristamagazine.com
- 4 photos (2 horizontal, 2 vertical) of their drink in a lifestyle setting;
- 1 photo of themselves with the drink;
- Personal statement about the inspiration for the drink (max. 50 characters)
- Recipe of drink including specific metrics for ingredients
Sponsors will post the photos, statements, and recipes on the Barista Magazine Instagram page (@baristamagazine) on Monday, June 26, 2023, 8:00am PDT after which the public voting period begins. Sponsors will determine prize winners based on the winner selection and notification process outlined below.
Each entry to the Contest must meet the following requirements, and any entry that, in Sponsor’s sole and absolute discretion, violates the following requirements will be disqualified: The entry should not contain any third party copyrighted material that entrant does not have written permission to use and to sublicense to Sponsor for use in marketing and advertising. Any entry that is considered by Sponsor in its sole and absolute discretion to be obscene, pornographic, libelous, hate speech, disparaging, or otherwise objectionable, in whole or in part, will be disqualified and will not be eligible for entry. In the event that Sponsor, in its sole discretion, determines that any entry contains content that does not comply with these Official Rules, is inappropriate, or does not otherwise comply with regulatory guidelines, Sponsor reserves the right to disqualify the entry. All entries must comply with these Official Rules and the registration instructions outlined above in order to be eligible. Entries must be in keeping with Sponsor’s image, or desired image, or they will be disqualified. Any entry that violates this section or is otherwise objectionable (as determined solely by Sponsor) will not be considered and will be disqualified. By submitting an entry, you understand Sponsor has the right to post the entry on Sponsor’s applications, websites, and/or in other Sponsor-selected media. Entrants and winners acknowledge and agree that Sponsor has the right to edit, adapt, modify, reproduce, promote, and otherwise use entries (or excerpts of entries) in any way it sees fit. By entering, you agree to waive any rights you may have to the entry submitted.
Normal Internet access and usage charges imposed by entrants’ online service will apply and are entrants’ sole responsibility. If entering via mobile device, normal phone/data and usage charges imposed by your phone service may apply. Contest parties are not responsible for any compatibility issues with entrant’s device/browser used for entry. Entries become the property of Sponsor upon receipt and will not be acknowledged or returned. Contest parties are not responsible for lost, late, misdirected, corrupted, or incomplete entries. Proof of submission is not proof of receipt by Sponsor. Entries generated by a script, computer programs, macro, programmed, robotic, or other automated means are void and may be disqualified. Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. For purposes of the Ghirardelli Contest, an on-line entry is “received” when Sponsor’s website’s servers record the entry information. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an entry for purposes of the Ghirardelli Contest. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified
CONTEST PERIOD: Contestants must accept or decline the Challenge by Tuesday, May 31, 2023, submit their requests by Saturday, June 24, 2023, and submit their entries by Saturday, June 16, 2023. The public voting period begins Monday, June 26, 2023, 8:00am PDT through Friday, June 30, 2023, 5:00pm PDT.
PRIZES AND APPROXIMATE RETAIL VALUE: First place winner receives $1000 USD; second place winner receives $500 USD; third, fourth, and fifth place receive $200 USD. All taxes are the sole responsibility of the winner, and all other expenses not specified herein are the responsibility of the winner. Prizes or any portion thereof are not transferable except at Sponsor’s sole discretion.
WINNER SELECTION AND NOTIFICATION: Winners are determined by the total number of ‘likes’ their drink post receives on the Barista Magazine Instagram page (@baristamagazine) within the public voting period and will be notified on Monday, July 3, 2023, via email at the email address provided upon entry. After initial winner notification contact has been made, subsequent communication may take place via e-mail or telephone. Potential winner may be required to sign and return, where legal, an Affidavit/Declaration of Eligibility, Liability/Publicity Release and/or rights transfer document within seven (7) calendar days of receipt. If such document is not returned within the specified time period, a prize or prize notification is returned as undeliverable, or a potential winner is ineligible or not in compliance with these Official Rules, that potential winner’s prize will be forfeited, and an alternate winner will be selected. Upon prize forfeiture, no compensation will be given.
ADDITIONAL RULES: Contestants are allowed to promote their drinks through their own social media channel(s) during the voting period but must direct ‘likes’ to the official post on @baristamagazine as only those ‘likes’ will be counted to determine winners.
RIGHTS GRANTED: By participating, each entrant agrees to allow the use of his/her name, voice, performance, photograph/video, recipe, image and/or likeness for editorial, administrative, programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsors and participating partners of Sponsors, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so.
RELEASE OF LIABILITY. Entrants, his/her or their heirs, successors and assigns (the “Entrant Party”) thereby agree to release and hold harmless Sponsors and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Contest Offer; (v) electronic or human error which may occur in the administration of the Contest or the processing of entries.
GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforce ability of these Official Rules or the rights and obligations of participants or Sponsors in connection with the Contest shall be governed by and construed in accordance with the internal laws of the state of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state laws. Claims may not be resolved through any form of class action. Venue for all suits will be in federal or state courts located in County of San Francisco, California.
NO WAIVER: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on the Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion
PRIVACY POLICY: Information collected by Sponsor and/or Administrator in connection with this Contest may be used by Sponsor and shared with third parties involved in administration of the Contest in accordance with the online Privacy Policy posted at https://www.ghirardelli.com/privacy-policy#r4kCHuAfMOy2LIDs.97. The entrant agrees to the collection, processing, and storage of his/her personal data by Sponsor and/or Administrator for the purposes of the Contest.
SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
WINNERS LIST: A copy of the winner’s name and city/state may be obtained by sending an email to: sarah@baristamagazine.com
SPONSORS: The Sponsors of the Contest Offer are Ghirardelli Chocolate Company, 111 139th Avenue, San Leandro CA 94578 USA and Barista Magazine, PO Box 13129, Portland OR 97213