CALIFORNIA DAIRY TO-GO COMPETITION
TERMS AND CONDITIONS
Promotion: The Real California Dairy to-go Competition (the “Competition”) is sponsored by California Milk Advisory Board, 2156 W. Grant Line Road, Suite 100, Tracy, CA 95377 (“Sponsor”). The California Milk Advisory Board is an Instrumentality of the California Department of Food & Agriculture. The Competition Entry Period starts at 12:00:01 AM Pacific Time (PT) on 04/15/21 and ends at 11:59:59 PM PT on 06/25/21 (“Competition Entry Period”). The Initial Judging will take place from 06/29/21-07/01/21. The live cook-off Finalist competition will take place at the Culinary Institute of America in Napa, California, on July 27-28, 2021 (“Live Cook-Off”). The Competition ends on 7/28/21.
Who may enter: Competition is open to the 12 chefs invited by Sponsor to compete who also (1) must be legal residents of the 50 United States and District of Columbia and 18 years of age or older; and (2) sign a document agreeing that if they participate they will agree to travel and participate as a finalist in the Live Cook-Off (“Qualifying Chefs”).
The Purpose of The Competition: The California Milk Advisory Board (“CMAB”) is hosting this Competition to leverage the carry out/delivery trend that has boomed in the past year within the foodservice audience. Sponsor will judge the best recipes that use Real California dairy products and cheeses specifically prepared for carry out menu meals.
Real California Cheeses are defined as a cow’s milk cheese made with 100% milk from California dairy farms, a searchable list of styles and brands is found on the CMAB Foodservice Website at https://www.realcaliforniamilk.com/cheese-makers
Initial Selection: A panel composed of CMAB staff and The Food Connector will select and invite 12 chefs to compete (“Invited Chef(s)” or “Entrant(s)”).
The Invited Chefs will be asked by the CMAB staff and The Food Connector (“Competition Judges”) to compete in one of two categories: (1) Cal-Mex or (2) Cheese & Mac. In addition to the invitation to compete in one of the Cal-Mex or Cheese & Mac categories each Invited Chef will also be asked to compete in a third category which can be a wild card chef creation that also uses Real California dairy products and Cheeses and is specifically prepared for carry out service (“Innovate-To-Go” category).
After receiving an invitation, to be eligible to compete, Invited Chefs must sign and return the documentation provided by Sponsor which include a Chef announcement and participation agreement, and a talent release form.
The Competition Entry and Talent Release Documentation must be signed and returned by the Qualifying Deadline of 06/01/21.
If an Invited Chef is a minor as determined by the laws of the jurisdiction in which s/he (“Minor’) resides, the Minor’s parent or legal guardian will have to sign the Eligibility Documentation on the Minor’s behalf. The Sponsor reserves the right to modify the procedures or deadlines in connection with the selection of an alternate invited chef or Finalists, if any. In the event after the Initial Judging or Live Cook Off any potential winner is disqualified based on any criteria, including the results of a background check, the next runner up will be selected as the winner in the applicable Category, in the sole discretion of the Sponsor.
Initial Judging: Competition Entries must include:
Please provide a name of the recipe.
We would like to understand the inspiration and intention behind the recipe creation. The Chef must answer the following questions in their content submission:
- What is the inspiration or story behind your recipe?
- Discuss the importance of the California Dairy ingredient(s) in your recipe?
- How is your recipe and final dish suited for the current trend of off-premise dining?
This content can be submitted in one of three ways:
- Written document (WORD or PDF)
- Video file (MP4)
- Audio file (MP3)
RECIPE FLAVOR & COMMERCIAL VIABILITY
The recipe will be judged on the expectations for the recipe’s flavor and the commercial viability based on ingredients, description and imagery. Please write a clear description of the recipe listing all of the ingredients and the portion sizes. You can use up to 15 ingredients (note: we are not counting herbs or spices as ingredients). We are limiting this because we want to make sure the recipe is commercially viable. Along with the description please include 2-3 photos of the prepared dish.
USE OF REAL CALIFORNIA DAIRY. One of the only requirements in the ingredients is that chefs must use a minimum of one California dairy product. (Note: a complete list of California’s cheeses can be accessed here at: https://www.realcaliforniamilk.com/cheese-makers/)
USE OF TO-GO PACKAGING. For the six chefs selected for the final bake-off in Napa, CA, (two winners in each category), we will be judging the final packaging as part of the evaluation to ensure it protects the taste/integrity of the product.
The Recipe, Photos, Videos, Essay are collectively, the “Competition Entry(ies)” or “Entry(ies)”.
Requirements of Competition Entries: By submitting an Entry Invited Chefs agree that Entry conforms to the guidelines and content restrictions below and that Sponsor, in its sole discretion, may disqualify the Entry from the Competition if it believes it fails to conform. All Entries must comply with the following and by entering, you represent and warrant and agree that:
- Your Recipe, Photo, Video and/or Essay are created by you and are not copied from any other copyrighted work and do not infringe upon the rights of any third party;
- The Photo should only depict the prepared Recipe prepared in accordance with the Recipe submitted;
- Your Video does not depict any recognizable person for whom you have not received permission to enter in this Competition and does not infringe upon the publicity rights of any third party and you have received prior permission/consent to use the Video from anyone who has any rights to the Video (“Third Party Participants”), including the License contemplated for use of an Entry in accordance with these Official Rules;
- Your Video does not depict any minor unless you are that minor’s parent or legal guardian;
- Your Video does not depict more than five recognizable persons (e.g., no crowd scenes);
- Your Entry does not contain any third party copyrighted material, or prominent use of branded products, trademarks or logos other than the brands of Real California Cheeses (a list of which is found on the CMAB Website);
- Your Entry must not disparage Sponsor, or any other person or party affiliated with the Competition;
- Your Entry must not contain material that Sponsor deems to be inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- Your Entry must not contain material that Sponsor deems to promote bigotry, racism, hatred or harm against any group or individual or to promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
- The Entry must not contain material that is unlawful, in violation of or contrary to any applicable laws or regulations.
Once the Entries and Eligibility Documentation are received are received by the Qualifying Deadline the chefs will be deemed “Qualifying Chefs” and their Entries will be judged as set forth below.
License: Entrants retain ownership of the Entry they submit, however, by entering Entrants grant Sponsor and any organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion of the Competition, the perpetual, fully-paid, irrevocable, non-exclusive license to reproduce, prepare derivate works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, otherwise use, and permit others to use and perform throughout the world the Entry, in whole or in part, in any manner, form, or format now or hereinafter created, including on the internet, and for any purpose, including, but not limited to, advertising or promotion of Sponsor, Real California Cheeses, and the Competition all without further consent from or payment to you or any persons. The Entries may be published and posted online but you agree that Sponsor has no obligation to post or publish your Entry, that all such postings or publication, if any, will be in Sponsor’s sole discretion and that the posting or publication of an Entry does not guarantee the Entry is a winner. You will hold harmless Competition Entities, and their respective officers, directors, employees, affiliates, subsidiaries, advertising and promotional agencies, from any claim by any third party relating to any rights in the Entry.
Selection of Finalists from Competition Entries: A team of judges selected by Sponsor (“Initial Judges”) will judge the Competition Entries from among other Entries in the same Category based on the following criteria (Collectively, the “Initial Judging Criteria”):
- Commercial viability;
- To Go viability, including perceived take-out packaging integrity; and
- Essay and/or Video.
In the event of a tie, the tying Entries will be determined by the highest score received for the Recipe. In the event of a further tie, the tying Entries will be re-judged based on Initial Judging Criteria.
The 2 top scoring Entries in each Category will be the Category Finalists who will then travel to Napa California to compete in the Live Cook-Off.
Cook-Off Judging: The selected six Finalists (two per Category) must be able to travel and participate in the Live Cook Off.
Travel and accommodations will be provided to the Finalists as follows: coach airfare for one from a major airport near to their home, and/or ground transportation, and 2 nights hotel accommodations to be determined in the sole discretion of the Sponsor. If a Finalist is within 200 miles of Napa California, ground transportation may be substituted for airfare as determined by the Sponsor.
The Finalists will be judged by a judging panel at the Live Cook-Off (“Cook-Off Judges”) based upon the following criteria:
- The finished presented Recipe (based on flavor, texture, inventive use of Real California Cheese and the look of the final cooked dish);
- Live presentation to the Judges (based on a combination of personal background, inspiration for the Recipe, speaking and presentation skills, and charisma);
- Commercial viability ; and
- To-Go viability, including take-out packaging integrity and effect on final presented Recipe .
In the event of a tie, the tying Finalists in each Category will be determined by the highest score received for the To-Go viability. In the event of a further tie, the tying Finalists in each Category will be re-judged by the Cook-Off Judges based on the highest scores for the finished presented Recipe, Commercial viability, and To-Go viability. The top scoring Entry in each Category will be the Category Winner.
Publicity: Entry and acceptance of Finalist status constitutes permission (except where prohibited by law) to use each Finalist’s name, prize won, hometown and likeness for promotional purposes without further compensation.
Prizes: Each Category winner will be awarded a trophy and $5,000; the remaining Finalists will be awarded a certificate and $1,500 each; All remaining Qualifying Chefs who were not selected as Finalist will also receive a certificate and $500.
All Finalists and their Competition Entries will be considered for media coverage by the Sponsor, including a potential REAL Maker video for use by Sponsor in its discretion. Winners are responsible for all local, state, and federal taxes and fees, if any, on the cash prize received. Prizes are non-transferrable. An IRS form 1099 will be filed in the name of anyone who receives a prize over $600, as required by law.
Conditions: Entrants on their behalf, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), release, defend and hold harmless the CMAB, The Food Connector Competition Judges, and their respective employees, officers, directors and agents (“Released Parties”), from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights, any property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience or irregularity, and any indirect, incidental, consequential, special, punitive or exemplary damages of any kind (even if the parties have been advised of the possibility of such loss or damages), costs and expenses (including, without limitation, outside attorneys’ fees) that may arise in connection with: (a) the Competition, including but not limited to any Competition-related activity or element thereof, and the Entrant’s Entry, participation or inability to participate in the Competition or use or misuse of any prize, (b) the violation of any third party privacy, personal, publicity or proprietary rights, (c) typographical errors in these Official Rules or any Competition materials, (d) acceptance, receipt, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the Competition or use of a prize (or any component thereof), (e) any change in the judging or prizing (or any components thereof) due to unavailability, business or creative considerations, or due to reasons beyond Sponsor’s control, including but not limited to by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not such action, regulation, order or request proves to be invalid), a pandemic or limitations on travel, equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the Competition, including the Live Cook-Off, (g) human error, (h) the failure of any third party to comply with the instructions and proper administration of this Competition (i) incorrect or inaccurate transcription, receipt or transmission of any part of the Entry (including, without limitation, the information or any parts thereof), (j) any technical malfunctions or unavailability of any website or any telephone network, computer system, online system, computer timing and/or dating mechanism, equipment, software, or Internet service provider, or mail service utilized by any entities or individuals involved in the Competition or by an Entrant, (k) interruption or inability to access the Competition, any website or any online service via the Internet due to hardware or software compatibility problems, (l) any damage to Entrant’s (or any third person’s) hardware and/or its contents related to or resulting from any part of the Competition, (m) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (n) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entries, (o) any wrongful, negligent, or unauthorized act or omission on the part of any of Sponsor, or any of its agents or employees, (p) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), (q) the collection, use and/or sharing of Entrant’s personally identifiable information by Sponsor or its designees, or (r) the negligence or willful misconduct by Entrant. Sponsor reserves the right to permanently disqualify from the Competition any person it believes has intentionally violated these Official Rules and terminate the Competition if it becomes technically corrupted (including if a virus or system malfunction inalterably impairs its ability to conduct the Competition), or to select the Finalists or winners from among all eligible Entries received prior to termination. If Sponsor at any time receives a complaint (including but not limited to a cease and desist letter, general letter of complaint etc.) alleging intellectual property infringement or any other violation of any third party right pertaining to any element of an Entry, Sponsor reserves the right to disqualify the Entry. By participating, Entrant acknowledges that Sponsor, does not waive any rights to use similar or related ideas that might be contained in an Entry which is otherwise not protected by law or was previously known to Sponsor or developed by their respective employees, or obtained from sources other than the Entrant. If fewer qualified Entries are received than the stated number of Qualified Chefs or Finalists, Sponsor may name a fewer number of Qualified Chefs or Finalists or cancel the Competition in its sole discretion.
Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Competition. Any controversy or claim arising out of or relating to these Official Rules and/or the Competition shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association pursuant to the United States Arbitration Act, 9 U.S.C. Sections 1 through 16. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California. THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Competition, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in San Joaquin, California. The parties agree not to raise the defense of forum non conveniens.
Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO AND/OR USE OF ANY WEBSITE ASSOCIATED WITH THE COMPETITION AND/OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITE ASSOCIATED WITH THE COMPETITION OR ANY ENTRY SUBMISSION. WITHOUT LIMITING THE FOREGOING, THIS COMPETITION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES, INCLUDING ATTORNEY FEES, TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF ANY SUCH PROVISION.