Mario Batali

MARIO’S ULTIMATE GRILLING CHALLENGE

Sponsored by Viva® Paper Towels

OFFICIAL RULES

  1. CONTESTNO PURCHASE NECESSARY.  Mario’s Ultimate Grilling Challenge (the “Contest”) begins at 10:00 AM (EST) on April 28, 2008, and ends at 11:59 PM (EST) on July 30, 2008 (the “Contest Period”).  Odds of winning depend on the number of eligible entries received.  The Contest is sponsored by Mario Batali LLC and Kimberly-Clark Global Sales, LLC (“Sponsors”).  Prizes and other consideration also furnished by Crocs, Inc., Wilton Industries, Inc., Texas Motor Speedway, Inc., Mars, Incorporated, HarperCollins Publishers, The Mushroom Council, Serious Eats, and Allen Brothers, Inc. (the “Promotional Entities”) and services by Swift Travel Services, LLC, KickApps Corporation, Wax Branded, LLC and Moses & Singer LLP (the “Additional Entities”).  Contest is subject to the eligibility guidelines below.  VOID WHERE PROHIBITED.

  2. ELIGIBILITY:  The Contest is open only to legal residents of the 48 contiguous United States and the District of Columbia, age 21 or older at the time of entry and at the time the prize is awarded.  Employees and competitors of Sponsors and the Promotional Entities and employees of the Additional Entities, and each of their affiliates, subsidiaries, franchises, agents, advertising and promotion agencies and fulfillment companies—including those involved in the administration, execution and judging of this Contest—and their immediate families (parents, children, siblings, spouse) and members of their same households (whether related or not) are not eligible.  Contest is only open to amateur chefs.  For purposes of this Contest, an “amateur” chef is defined as an individual who has not held any of the following titles/positions (or the equivalent thereof) within the past three (3) years: chef; restaurant or food service owner or manager; executive chef; head chef; chef de cuisine; or culinary teacher.  In addition, persons appearing on television preparing food (within the past three (3) years) are not eligible.

  3. By submitting an entry, entrants agree that, if they are selected as a finalist, they will be available to travel to Fort Worth, TX on or about 10/31/08 and stay through 11/2/08.  If an entrant is selected as a finalist and cannot travel during this time, he/she will be disqualified and an alternate finalist will be selected.  All entrants must be willing to conduct media interviews and make public appearances on behalf of Mario Batali LLC prior to, during and for up to one year after the Contest.  Entry into this Contest constitutes permission to use each entrant’s name, image/likeness, voice and biographical material as well as the contents of his/her Submission Materials (as defined below) in advertising and publicity and for other promotional purposes in all media now known or hereafter devised (including, without limitation, in event photos posted on www.mariobatali.com and press materials) without notice, compensation or other consideration by Mario Batali LLC (except where prohibited by law).

  4. HOW TO ENTER: Visit http://mariobatali.com/grillingcontest (the “Site”) and follow the links and instructions to complete and submit the registration form, including a valid e-mail address and requested materials, during the Contest Period.  Once the registration process is completed, entrants must upload to the Site a written recipe and video demonstration (the “Submission Materials”) of his/her original grilling recipe for a home crafted main dish (i.e., breakfast, lunch or dinner) for preparation on either a gas or charcoal grill (as more fully set forth below).  The recipe must be submitted in the English language, use exact U.S. measurements and the ingredients and measurements must be listed in order of use.  All written recipes must include step-by-step preparation and grilling instructions, cooking times and temperatures, required utensils, number served (if applicable) and the recipe title.  Entrants may use store bought ingredients, but such ingredients must be altered in some way.  Along with the written recipe, eligible entries must be accompanied by a video demonstrating the entrant preparing and/or grilling the original recipe he/she submitted.  The video must be in Flash (FLV), Windows (WMV, ASF, or AVI), Quicktime (MOV), mobile (3GP) or MPEG (MPG/MP4) format (as more fully set forth on the Site), a maximum of three (3) minutes long, and the file size may be no larger than 100 MB in size.  Videos may not contain any film, television or music clips or include any content, images or property created by or belonging to a person other than the entrant.  If any person other than the entrant appears in the video, entrant must secure the right to use his/her/their image(s) in the video.  If a video exceeds the maximum time allowed, only the first three (3) minutes will be judged; provided, however, any and all portions of the video submitted may be used by Mario Batali LLC as set forth herein in its sole discretion.  Any entry missing one or more of the abovementioned elements may be disqualified.  While not a condition of entry, an entrant may also submit one (1) photo of his/her dish in JPEG, PNG or GIF format (no progressive JPEGs or animated GIFs) and must not be greater than 100 MB.  If a photo is submitted, it, along with all entry materials, shall be deemed part of the Submission Materials.

    To enter, log onto http://mariobatali.com/grillingcontest and click the “Enter Here” link.  Once Submission Materials have been uploaded and submitted to the Site, the entrant will be officially entered into the Contest.  Submission Materials cannot be revised or altered once submitted.

    An entrant’s Submission Materials must be entirely his/her original creation, executed (written and created) solely by that entrant and must not have been published previously or won any other prize or award, or be subject to any restriction or limitation on the right to submit any portion of the entry into the Contest or to use any portion of the entry.  Submission Materials cannot defame or invade the publicity or privacy rights of any person, living or deceased, or any of the Sponsors or Promotional Entities, or otherwise infringe upon any person’s personal or proprietary rights.  No mechanically reproduced, incoherent, late, unintelligible, unoriginal or incomplete entries will be accepted.  Sponsors are not responsible for typographical errors, omitted ingredients, or any other errors submitted by entrants.  Sponsors will not be responsible for lost, scrambled, jumbled, destroyed, delayed or misdirected Submission Materials, or for unauthorized access to or alterations of Submission Materials or for errors, omissions, deletions, defects, theft, destruction, interruptions, failures in transmission of Submission Materials, malfunctions of electronic equipment, computer hardware or software, delays in operation, problems registering with the Site, uploading Submission Materials or for other technical problems related to the Internet.

    Limit one (1) entry per household and/or e-mail address during the Contest Period.  Multiple entries from one household and/or e-mail address will disqualify all such entries.  To qualify, Submission Materials must be received no later than Wednesday, July 30, 2008 at 11:59 PM EST.  Submission Materials not complying in all respects with the Official Rules are subject to disqualification.  All Submission Materials become the property of Mario Batali LLC and will not be acknowledged or returned.  In consideration of participating in the Contest, each entrant unconditionally and irrevocably assigns and transfers to Mario Batali LLC all right, title and interest in and to the contents of his/her Submission Materials, including, without limitation, the copyright and other rights therein, and upon Mario Batali LLC’s request, will execute any documents necessary to effectuate such ownership.  For the avoidance of doubt, by entering the Contest, entrants grant Mario Batali LLC royalty-free, irrevocable, perpetual worldwide right to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, edit, modify and otherwise exploit entrant’s Submission Materials in any way, in any and all markets, in any and all media now known or hereafter devised without limitation and without notice or consideration to the entrant.  Entrants represent and warrant that they have the sole and exclusive right to grant such rights to Mario Batali LLC, and that its reproduction, publishing, broadcasting, displaying and/or other use of the Submission Materials will not infringe on any rights of any third party.  Select Submission Materials may be featured on the Site and in other promotional materials and advertising of the Contest.  By entering, entrants agree that they have no right to bring, and covenant not to bring, any claim, action, or proceeding of any kind or nature whatsoever against Sponsors, the Promotional Entities, the Additional Entities or any of its or their affiliates, subsidiaries, officers, directors, agents, employees, or shareholders in connection with this Contest.  Entrants shall not receive any compensation or credit for use of the Submission Materials (e.g., recipe, video, photo, name and/or image/likeness) other than that disclosed in these Official Rules.

  5. JUDGING:

    Quarter-Finalists
    : Seven (7) quarter finalists will be selected from all eligible entries received by a panel of qualified judges, including Mario Batali, using the following objective criteria: originality and creativity (50%), selection of ingredients (25%), and recipe clarity and construction (e.g., legibility, completeness) (25%).  In the event of a tie, the entry with the higher score in the originality and creativity category will be deemed the winner.  In the unlikely event a tie still exists, the entries involved will be re-judged by an additional independent judge who will serve as a tiebreaker and evaluate those entries according to the criteria listed above.  The quarter finalists will be notified by phone and/or e-mail on or about September 8, 2008, must execute an affidavit of eligibility, publicity release (except where prohibited), liability waiver, and/or any other documentation required by Sponsors and be able to attend the pre-race tailgate and races scheduled to be held October 31, 2008 through November 2, 2008 (the “Event”).  If a finalist or finalists cannot be reached after a reasonable effort has been made, fails to execute any such documentation or if such finalist or finalists are found to be ineligible, an alternate finalist may be selected.

    Semi-Finalists: Three (3) semi finalists will be selected during a two (2) week period by popular vote beginning at 12:01 AM EST on or about September 15, 2008 and ending at 11:59 PM EST on or about September 29, 2008 (the “Online Voting Period”).  Voting will be conducted on the Site.  Only members of the Site at least 13 years of age and over will be eligible to vote during the Online Voting Period.  Such members will be invited to make the recipes and watch the video demonstrations submitted by the quarter finalists and then asked rank the quarter finalists using a zero-to-five star system based on the following criteria:  clarity and ease of demonstration (33%); taste and likelihood that you would make the recipe again (34%); and entertainment value of the video (33%).  One vote per member.  In the event of a tie, the tie breaker will be based upon the overall higher score in the first round of judging.  The three (3) semi finalists will be notified by phone and/or e-mail no later than October 2, 2008 and must confirm that they will be able to attend the Event.  If a semi finalist fails to respond within forty-eight (48) hours of notification, or if such semi finalist is found to be ineligible, an alternate semi finalist may be selected.  The semi finalists will be posted on the Site no later than October 6, 2008.

    Grand Prize Winner: The Grand Prize winner (the “Winner”) will be selected from the Submission Materials of the three (3) semi finalists on or about October 13, 2008.  These entries will be judged by a qualified panel of judges, including Mario Batali, and the Winner will be determined based on the following criteria: originality and creativity (25%), taste (25%), ease of preparation (20%), recipe (15%), and presentation (15%).  In the event of a tie, the tied entries will be re-submitted to an independent judging panel and evaluated on the criteria used to judge the quarter finalists.  If the Winner cannot be reached after a reasonable effort has been made during two (2) business days from the date of the selection, or if such Winner is found to be ineligible, an alternate winner may be selected.  The Winner may be announced on or about October 20, 2008 on the Rachael Ray Show and will be posted on the Site shortly thereafter.  The finalists and Winner may also be announced via a press release after the applicable selection.

    Decisions of the judges are final and binding in all matters relating to this Contest and are not open to appeal.

  6. PRIZES:  Total approximate retail value (ARV) of Grand Prize: $11,250* to $9,250*.  Each semi finalist prize package is valued at $570 and each quarter finalist prize package is valued at $225.  Total overall approximate retail prize value:  $14,535* to $12,535* (*actual value may vary depending on city of departure and airfare fluctuations).  All prizes are subject to the restrictions set forth in these Official Rules.

    One (1)
    Grand Prize:
    Two (2) round-trip coach-class airline ticket to Fort Worth, TX for the Winner and his/her guest on or about October 31, 2008, and returning on or about November 2, 2008 to attend the Event, departing from a major commercial U.S. airport nearest the Winner’s residence (as determined by Sponsors, in their sole discretion).  Stopover trips are not allowed.  Travel must be taken on dates specified by Sponsors or prize will be forfeited and Sponsors will have no further obligation to the Winner.  Winner and guest must travel together on the same itinerary.  Certain travel restrictions may apply.  Transportation to the airport from the Winner’s home and back from the airport will be the responsibility of the Winner.  If the Winner resides within a 100-mile radius of the Event location, Sponsors reserve the right to provide ground transportation in lieu of air transportation and no compensation or substitution will be provided for difference in prize value.  Ground transportation during the Event (i.e., from the airport to the hotel and back to the airport and to and from Event-related activities only) will be provided to Winner and his/her guest. (ARV $2,000*)
      One (1) room, double-occupancy standard hotel accommodations for (2) two for three (3) days/(3) nights (room rate and tax only). (ARV $750)
      Speedway Club membership for (2) for the Event weekend. (ARV $2,000)
      Dinner for the Winner and his/her guest at The Speedway Club (no alcohol included) on November 1, 2008. (ARV $150)
      Two (2) Infield/Cold Garage passes for the Event weekend. (ARV $200)
      Two (2) VIP tickets to the Dickies 500 NASCAR Sprint Cup Series race at Texas Motor Speedway on November 2, 2008. (ARV $650)
      Two (2) VIP tickets to the O’Reilly Challenge NASCAR Nationwide Series Cup race at Texas Motor Speedway on November 1, 2008. (ARV $500)
      One (1) VIP pace car ride at Texas Motor Speedway for the Winner only. (ARV $5,000)
      Attend pre-race tailgate with Mario Batali and Rachael Ray scheduled for the morning of November 2, 2008 and grill up winning recipe.
    Three (3)
    Semi Finalist Prizes:
    One year supply of Viva® Paper Towels
    (equivalent to two (2) rolls per month)
    ARV $65.00
      Three (3) Italian Kitchen Cargo Aprons ARV $27.99
      Jacquard Towel set ARV $14.99
      Large Silicone Spatula ARV $8.99
      Measuring Prep Bowl Set ARV $10.99
      Measuring Prep Spoon Set ARV $5.49
      Pizza Peel ARV $32.99
      Handle Grip ARV $4.49
      Pot Grips (2) ARV $4.49
      Pizza Wheel ARV $16.49
      Wide Flexible Turner ARV $7.99
      Flat End Wood Spoon ARV $5.99
      4 Qt. Italian Essentials Pot ARV $89.99
      Panini Grill & Press ARV $89.99
      Pizza Pan ARV $69.99
      2 Cup Italian Essentials Pot ARV $32.99
      Italian Grilling Stone ARV $49.99
      Precision Tongs ARV $17.99
      Slotted Turner (Italian Grill) ARV $12.99
    Seven (7) Quarter Finalist Prizes: One (1) pair of men’s Batali Edition Bistro Crocs ARV $39.99
      One (1) pair of women’s Batali Edition Bistro Crocs ARV $39.99
      An autographed copy of Molto Italiano ARV $35.00
      An autographed copy of Mario Batali Italian Grill ARV $35.00
      Piastra Italian Grilling Stone ARV $49.99
      Uncle Ben’s® Gift Basket
    (3 boxes - Long Grain & Wild Rice Sun-Dried Tomato Florentine w/ recipe card; 3 boxes - Long Grain & Wild Rice Herb Roasted Chicken w/ recipe card; 3 boxes - Ready Rice Cajun Style w/ recipe card; Ready Rice Whole Grain Brown)
    ARV $25.00


  7. PRIZE RESTRICTIONS:  All travel arrangements/accommodations will be made by Sponsors, in their sole discretion.  The Winner must be available for travel on dates to be designated by Sponsors or prize will be forfeited in its entirety.  Dates of travel shall be scheduled between October 31, 2008, through and including November 2, 2008.  Sponsors reserve the right, in their sole discretion, to substitute a prize or prizes of equal or greater value for any and all prizes.  No other substitutions, cash equivalents or transfer of prizes allowed unless specifically authorized by Sponsors.  The Winner is solely responsible for all expenses, costs or fees associated with acceptance and/or use of the prize not specified herein as being awarded including, without limitation, any and all taxes, meals, gratuities, and personal purchases/souvenirs.  Winner’s guest must (a) be of the legal age of majority in his/her state of residence (and at least 18 years of age) unless accompanied by a parent or legal guardian and (b) sign and return a Release of Liability and Publicity form prior to travel, unless otherwise prohibited.  Winner and his/her guest must comply with, and all access is to subject to, the rules and regulations of Speedway Motorsports, Inc. and other applicable laws, rules or regulations.  All prize winner’s are solely responsible for reporting and paying any and all applicable federal, state, and local taxes and any additional fees associated with prizes.  All federal, state and local laws apply.  A 1099 form may be issued to Winner and Winner may be required to provide his/her social security number for reporting purposes.  As a condition of eligibility, being designated as a finalist and claiming a prize, each potential quarter finalist must sign and return, within seventy-two (72) hours of delivery to such entrant’s e-mail address or address identified by him/her during registration, an Affidavit of Eligibility/Release of Liability and Publicity form, unless otherwise prohibited.  Non-compliance within this time period will result in disqualification and an alternate finalist will be selected.  Any notification returned to Sponsors as undeliverable will result in disqualification and the naming of an alternate finalist.  Correspondence will not be acknowledged.  All prizes will be awarded.

  8. GENERAL CONDITIONS: This Contest is governed by the laws of the State of New York.  By participating in the Contest, entrants agree (1) to be bound by and abide by these Official Rules and by all decisions of Sponsors, whose decisions are final and not open to appeal; (2) to release and hold harmless Sponsors, the Promotional Entities, the Additional Entities and its and their respective directors, officers, employees, subsidiaries, affiliates, agents, suppliers, divisions, agencies, licensors and advertising, promotional, or judging agencies, and any and all prize suppliers (“Released Parties”), from any and all causes of action, liabilities, suits, cross-claims or counterclaims, or any other claims arising out of or relating to entrants’ participation in the Contest, whether or not arising from the negligence of a released party, including but not limited to, third party claims that may be made against entrants, and claims arising out of or relating to acceptance, receipt, possession or use/misuse of any prize, or any publicity or other public exposure of entrants, including without limitation, claims concerning infringement or invasion of entrants’ privacy or publicity rights, or defamation, or acts undertaken in preparation for or participation in the Contest; (3) to assume all risks, express or implied, associated with all claims released above, including without limitation, all risks concerning entry into and participation in the Contest; and (4) that neither SponsorS, nor any of the foregoing entities have made or are responsible or liable for any warranty, expressed or implied, relative to a prize, including, but not limited to, its quality or fitness or merchantability, and all prizes are tendered to entrants on an “as is” basis.  There are no warranties that extend beyond the description on the face of any contest materials of any prize.  In the event Mario Batali is unavailable or unable for any reason whatsoever to serve as a judge as set forth in these Official Rules, then Mario Batali LLC shall select an alternate celebrity chef to judge in his place.  Sponsors reserve the right, in their sole discretion, to suspend, modify or cancel the Contest.  Without limiting the foregoing, if, for any reason, the Contest cannot be run as originally planned, as the result of tampering or infection by computer virus or for any other reason, Sponsors, at their sole discretion, reserve the right to conduct the Contest from among all eligible entries received, if any.

  9. Each entrant must be the Authorized Account Holder of the e-mail account indicated by the entrant’s e-mail address.  “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by an Internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain name associated with the submitted e-mail address.  In the event of a dispute over the identity of an entrant, an entry will be deemed to be submitted by the Authorized Account Holder of the e-mail account.

    Entrants understand that during the Contest Period, the Submission Materials may be posted on the Site, other web sites on the Internet, included, mentioned and/or discussed on national television and/or written about in newspapers, magazines, blogs, chat rooms, bulletin boards and elsewhere.  Entrants hereby acknowledge and agree that the Released Parties have no control over such postings or the statements, opinions, discussions, comments or otherwise made about the content of the Submission Materials or the entrant.  Without limiting anything set forth above, entrants expressly release the Released Parties from and against any actions, claims, injuries, losses or damages allegedly caused, directly or indirectly, by any such postings or comments.  Without limiting the foregoing, all finalists, on behalf of themselves, their executors, heirs and assigns, by acceptance of a prize or reward, agree to release the Released Parties from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses of any kind to persons or property which may be sustained in connection with the receipt, ownership or use of a prize or while preparing for, participating in or traveling to and/or from any prize-related activity or otherwise.

    Failure to comply with the Official Rules will result in disqualification.  An entrant’s entry will be disqualified, at the sole discretion of Sponsors, if he/she attempts (a) to enter the Contest through any means other than described in these Official Rules; or (b) to disrupt the Contest, circumvent the terms and conditions of these Official Rules, or in any way tamper with any component of the Contest.

    In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest materials and the terms and conditions of theOfficial Rules,the Official Rules shall prevail, govern and control.

  10. OFFICIAL RULES/WINNERS LIST: For the names of the finalists and the Winner, available after October 20, 2008, and/or a copy of the Official Rules, send a self-addressed, stamped #10 envelope to: Mario’s Ultimate Grilling Challenge Contest, “Rules” or “Winner’s List” (specify which), c/o Otto Enoteca, One Fifth Avenue, New York, New York 10003.  All requests must be received by November 24, 2008 to be honored.


  11. SPONSORS: Mario Batali LLC, c/o Otto Enoteca, One Fifth Avenue, New York, New York 10003; Kimberly-Clark Global Sales, LLC, 2300 Winchester Road, Neenah, Wisconsin 54956.
 
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