New Restaurant Concept Pitch Contest

Uncategorized By American Express April 1, 2015

OFFICIAL RULES

New Restaurant Concept Pitch Contest

No Purchase Necessary TO ENTER OR WIN.

ELIGIBILITY: The New Restaurant Concept Pitch Contest is open to American Express Restaurant Trade Program pass holders who are legal residents of the fifty (50) United States, District of Columbia, Puerto Rico and other U.S. territories and possessions, who are at least 18 years of age and age of majority in their jurisdiction of residence and who are registered to attend the FOOD & WINE Classic in Aspen, June 18-June 20, 2015 (“Event”). Void where prohibited. By participating, entrants agree to be bound by these Official Rules and the decisions of the judges and/or American Express Travel Related Services Company, Inc. (“Sponsor”), which are binding and final on matters relating to the Contest. Contest is subject to all applicable federal, state and local laws. Individuals who are employed by any local, state or federal government office or agency, elected officials and individuals listed on the OFAC Specially Designated Nationals and Blocked Persons (SDN) List are not eligible.

Contest Entry Period: Entry into the Contest starts at 12:01AM ET on April 28, 2015 and ends at 11:59 p.m. ET on May 25, 2015 (“Contest Entry Period”).

HOW TO ENTER: During the Contest Entry Period, click here to download a Submission Form. The Submission Form is also available at the bottom of this page labeled “Download Content. Follow the instruction to submit your Submission Form with your idea for a new restaurant concept (“Submission”) to amextrade@aexp.com. Submission must be received by 11:59 p.m. ET on May 25, 2015. All Submissions materials must be submitted in English. Limit one (1) entry per person/email address. Multiple entries will be void. Entries generated by script, macro or other automated means will be void. All entries become the property of Sponsor.

Submission Content Restrictions: Submissions cannot, in Sponsor’s discretion, contain any content that:

  • is inappropriate or not in keeping with the topic of the Contest;
  • appears to duplicate any other Submissions;
  • infringes on the intellectual property or other rights of any third party;
  • has been submitted as part of any other competition or previously won an award;
  • communicates messages or images inconsistent with the positive images and/or good will with which Sponsor wishes to associate; and/or
  • violates any law.

 

No information in the Submission can be deemed confidential, proprietary, considered a trade secret or privileged by entrant or any third party. Entrant understands and agrees to be responsible for applying for any necessary intellectual property protections in connection with Submission, including, but not limited to, any trademarks or patents, if applicable, prior to entering the Submission into the Contest. Entrant acknowledges and agrees that Sponsor is not responsible and will have no liability for any claims or actions associated with entrant’s failure to do so.

 

In the event more than one Submission is received that is either identical or substantively similar to another Submission already received, as determined by Sponsor in its sole discretion, only the first of such Submission will be accepted and considered in this Contest. All subsequent Submissions will be void.

Entrant Representations and Warranties: Submissions (i) must be the 100% original and sole creation of the entrant, and all rights, title and interest, including but not limited to all intellectual property rights in any Submission, must be owned solely by the submitting entrant, (ii) may not have been submitted into any other contest or competition running concurrently to this Contest, and (iii) may not have won any other contest or competition.

Each entrant understands and acknowledges that: i) Sponsor has wide access to ideas, designs, protocols, methodologies and other materials (collectively, “Ideas”), and those new Ideas are constantly being submitted to it or being developed by their own employees; ii) many Ideas may be competitive with, similar to, or identical to content in the Submission and/or each other in concept, approach, format, or other respects; iii) entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material that has or may come to Sponsor, or any of them, from other sources. Except where prohibited by law, each entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the entrant’s copyright, patent or other intellectual property right in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of any Sponsor’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek any injunctive or other equitable relief or in any way enjoin, otherwise interfere with, delay, or interrupt the production, distribution, exhibition, or other exploitation of any production based on, or allegedly based on, the Submission, and, to extent permitted by applicable law, entrant’s rights and remedies in any such event shall be strictly limited to the right to recover out-of-pocket costs associated with entering the Contest, if any, in an action at law.

GRANT OF RIGHTS TO SUBMISSIONS: Entrants will retain ownership of Submissions. However, each entrant grants to Sponsor and its successors, assigns and designees a royalty-free, assignable, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submission, along with the name and likeness of the entrant, in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor to make use of the non-exclusive rights entrant is granting to use the Submission.

FINALIST SELECTION: Round One: All eligible Submissions will be judged by Sponsor based on the following: 30% Originality, 30% Viability, 30% Investment Potential and 10% Submission Form The entrants who submitted the two (2) Submissions with the highest scores, as determined by the judges in their sole discretion, will be deemed the potential finalists (“Finalists”) and advance to Round Two (as described below). Entrants who submitted the two (2) Submissions with the next highest scores will be deemed alternate finalists (“Alternate Finalists”). One or both Alternate Finalists will only participate in Round Two if one or both Finalists are disqualified or are no longer able to participate. In the event of a tie, an additional tie-breaking judge will determine the Finalists and/or Alternate Finalists (as applicable) using the judging criteria set forth herein. Sponsor reserves the right to select fewer than two (2) Finalists or Alternate Finalists if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.

FINALIST NOTIFICATION:Potential Finalists and Alternate Finalists will be notified by June 1, 2015 by mail, phone, and/or e-mail and may be required to execute and return an affidavit of eligibility, a liability release and, where lawful, a publicity release within five (5) days of date of issuance. If such documents are not returned within the specified time period, a notification is returned as undeliverable, or a potential Finalist or Alternate Finalist will no longer be attending the Event or is not in compliance with these rules, he/she will be disqualified and, at Sponsor’s discretion, an alternate Finalist or Alternate Finalist (as applicable) may be selected.

WINNER SELECTION: ROUND TWO: On Saturday, June 20, 2015, during the latter half of the ROI: Restaurateurs on Investments panel from 9:15am-10:30am at the Event, Finalists will each have 90 seconds to pitch their new restaurant concept (“Pitch”). To the extent the Finalists are unable to perform their Pitch on the day of the panel, Alternate Finalists should be prepared to take their place as Finalist and Pitch to the judges. Finalists will be judged by the moderators of the panel discussion. Panel discussions will have the opportunity to ask questions after each Pitch. Pitches will be judged will be based on the following criteria: 30% Originality, 30% Viability, 30% Investment Potential and 10% Pitch Performance. In the event of a tie, an additional tie-breaking judge will determine the winner using the judging criteria set forth herein. Sponsor reserves the right to not award the prize if, in its sole discretion, it determines that neither Pitch is sufficient or qualifies based on the scores provided by the judges.

Each Finalist understands that the Pitches may be photographed and/or recorded by Sponsor (“Pitch Footage”) and that Sponsor will own all right, title and interest in the Pitch Footage. Each Finalist further understands that Sponsor and its successors, assigns and designees may stream, use, reproduce, modify, publish, create derivative works from, and display such Pitch, including the names, likenesses, performances and voices of each Finalist embodied therein, in whole or in part, on a worldwide basis, and may incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes.

Prize (1):A check for $1,000. Approximate Retail Value (“ARV”): $1,000. Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winnermay not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. Winner are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at Sponsor’s sole discretion.

PUBLICITY GRANT: Each Finalist, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness, Submission, Pitch Footage and prize information for advertising, trade and promotional purposes, in any manner, in any and all media now known or hereafter discovered, worldwide in perpetuity, without compensation or notification to, or permission from, Finalist.

General Conditions: Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, or garbled Submissions or email or mail; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of Submissions, the announcement of the prize or in any Contest-related materials. 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. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this promotion or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Submissions will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Submissions, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential Finalists and Alternate Finalists from all eligible, non-suspect Submissions received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. In the event of a dispute regarding Submissions received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of entry will be deemed to be the entrant and must comply with these Official Rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses.

RELEASE OF LIABILITY: Entrants, by participating, agree that Sponsor, its parent, affiliates, subsidiaries, Contest judges, and advertising and promotion agencies and all of their respective officers, directors, employees, representatives and agents (collectively, “Released Parties”) will have no liability whatsoever for, and shall be held harmless by entrants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Contest, including any travel or other activity related thereto.

DISPUTES: This Contest shall be governed by and interpreted under the laws of the State of New York, U.S.A. without regard to its conflicts of laws provisions. Entrants hereby agree that any and all disputes, claims, causes of action, or controversies (“Claims”) arising out of or in connection with this promotion or these Official Rules shall be resolved, upon the election by entrant or Sponsor, by arbitration pursuant to this provision and the code of procedures of either the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the entrant. In addition to JAMS or AAA, Claims may be referred to any other arbitration organization that is mutually agreed upon in writing by entrant and Sponsor, or to an arbitration organization or arbitrator(s) appointed pursuant to Section 5 of the Federal Arbitration Act, 9 U.S.C. Sections 1-16, provided that any such arbitration organization and arbitrator(s) will enforce the terms of the restrictions on arbitration provision set forth below. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER SPONSOR NOR ENTRANT WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT ENTRANT WOULD HAVE IF ENTRANT WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. The arbitrator’s authority to resolve Claims is limited to Claims between Sponsor and entrant alone, and the arbitrator’s authority to make awards is limited to awards to Sponsor and entrant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Official Rules and without waiving either party’s right to appeal such decision, should any portion of this provision be deemed invalid or unenforceable, then the entire provision (other than this sentence) shall not apply.

PRIVACY POLICY: Personal information collected in connection with this Contest will be used by Sponsor in accordance with its privacy policy, available at

https://www.americanexpress.com/us/content/legal-disclosures/online-privacy-statement.html?inav=footer_privacy_statement.  

Winner’s NAME: For the name of the winner (available after June 20, 2015), send a self-addressed stamped envelope to: New Restaurant Concept Pitch Contest, 49 WEST 23RD STREET, 9TH FLOOR NEW YORK, NEW YORK 10010 for receipt no later than July 20, 2015.

Sponsor: American Express Travel Related Services Company, Inc., 200 Vesey Street, New York, NY 10258.

The Contest is not sponsored, endorsed or administered by FOOD & WINE.