Upwork X Kristen Kish Recipe Remix Contest Official Rules

NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.

The Upwork x Kristen Kish Recipe Remix Contest (“Contest”) is sponsored by Upwork Global Inc. (“Sponsor”), with offices at 475 Brannan St, Suite 430, San Francisco, CA 94107.

1.   CONTEST PERIOD:  The Contest entry period begins at or about 6:00 AM Pacific Time (“PT”) on December 7, 2021 and ends at 11:59:59 PM PT on December 15, 2021 (“Entry Period”).  The initial judging of all valid Entries (the “First Judging Period”), defined in Section 3 of these Official Rules, will take place during the Entry Period.  The “Second Judging Period” shall take place on or about December 16, 2021 and the “Third Judging Period” shall take place on or about December 18, 2021.  The winner is scheduled to be announced on December 20, 2021.  The Entry Period and Judging Periods are collectively referred to as the “Contest Period”. The Administrator’s computer is the Contest official clock.

2.   ELIGIBILITY:  This Contest is offered only to legal United States residents in the fifty (50) United States/District of Columbia and Canada, excluding Quebec, who are at least eighteen (18) years old at the time of entry. Employees, directors, officers, and agents of Sponsor, the independent entity administering the Contest (“Administrator”), and each of their respective parent companies, divisions, dealers, affiliates, subsidiaries, advertising and promotional agencies and suppliers involved in the Contest (“Contest Entities”), as well as the members of each of their immediate families (spouse, parents, children, siblings, and in-laws) and persons residing in the same household as such individuals are not eligible to enter or win. Void where prohibited or restricted by law.

Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Contest.

3.  HOW TO ENTER THE CONTEST:  During an Entry Period, an eligible entrant must follow the steps below to receive one (1) entry into the Contest (“Entry”):

1. Sign into his/her/their Instagram account (or create an Instagram account if he/she/they does not already have one);
2. If you don’t already follow @Upwork on Instagram, an entrant must follow and tag @Upwork on Instagram;
3. Post a video of his/her/their remix of a grilled cheese sandwich which video may not exceed 90 seconds (the “Video”); and
4. Include the hashtags #RecipeRemix,” #upworkcolab, and “#Giveaway” on the entrant’s post.
   

By entering the Contest, using the hashtags #RecipeRemix,” “#upworkcolab” and “#Giveaway,” entrant hereby agrees to be bound by the terms and conditions of these Official Rules. An entrant must have a non-private Instagram account to enter the Contest for winner notification purposes to be eligible to win/claim a prize, as set forth in Section 6. If an entrant does not have a non-private Instagram account, he/she/they can create one at no cost at www.instagram.com.  Each entrant must agree to comply with the Instagram Terms of Use (https://help.instagram.com/581066165581870) and Privacy Policy (https://help.instagram.com/519522125107875) in order to participate in the Sweepstakes on Instagram.

Entrants should consult their wireless-service providers regarding their pricing plans. Message and data rates may apply. This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. Entries generated by script, macro or other automated means and entries by any means which subvert the Entry process are void.

Entry Requirements:  All Entries must comply with the following restrictions:

• Entry must be an original work;
• Entry cannot have been published previously by any party other than the entrant;
• Entry must be suitable for publication (i.e., may not be obscene or indecent);
• Entry cannot feature trademarks, logos or trade dress owned by any third party, or advertise or promote any brand or product of any kind, other than Sponsor or Kristen Kish;
• Entry cannot contain copyrighted materials owned by others (including video, photographs, sculptures, paintings and other works of art or images);
• Entry cannot include the name, likeness, photograph, or other indicia identifying any person, living or dead, without permission from that person;
• Entry cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
• Entry cannot promote illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
• Entry cannot describe or depict any illegal activity or violation of any state or federal law;
• All individuals in an Entry must be eighteen (18) years of age or older;
• Entries cannot contain the name/logo of any alcohol beverage retailer, including in the background;
• Entries must not include any personally identifiable information (full name, e-mail address, telephone number, etc.);

• Entry must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way.
  

Sponsor reserves the right, at its sole discretion, to disqualify an entrant if his/her/their Entry fails to comply with any of these Entry Requirements or any other provision of these Official Rules.

IMPORTANT NOTE:  Any entrant who incorporates any intellectual property owned by a third party into his or her Entry does so at his or her own risk.  Further, no entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion, that such entrant’s Entry has been or can be sufficiently cleared for legal purposes and such entrant eligibility is verified. Each person who enters this Contest represents and warrants as follows: (i) the Entry is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Entry does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Entry does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (iv) the Entry does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Contest Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.

By submitting an Entry, entrant hereby grants permission for the Entry, including the entrant’s Instagram account and public profile information, to be publicly posted, at Sponsor’s sole discretion. The Contest Entities are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected entries – all of which will be void. Sponsor reserves the right to disqualify any entrant and/or Entry in its sole and absolute discretion.

Limit:  There is a limit of one (1) Entry per person during the entire Entry Phase.

4.  JUDGING AND WINNER SELECTION: During the First Judging Period, eligible Entries submitted during the Entry Period will be judged by a panel of qualified judges comprised of Sponsor’s and Administrator’s representatives (“First Period Judges”). The Judges will score each Entry according to the following weighted criteria (“Judges Score”): (i) originality/uniqueness: 30%, (ii) Video quality/creativity: 30%, and (iii) thematic appropriateness: 40% (the “Judging Criteria”).

Originality and uniqueness criteria includes, but is not limited to: originality of idea, visual appeal, artistic merit, performance (vocal ability, non-verbal communication, graphics, texts, etc.), level of detail, memorable, using participants own uniqueness into the creative of video submission, and uniqueness of video, title, tag, and context.

Video quality and creativity criteria includes, but is not limited to: creative strength in standing out, creative thinking surrounding video submission, clarity of idea, clarity of video theme, having a wow factor, understanding of market this video is catered towards, professional quality (neatness and craft), aesthetic quality for video design, theme, and visuals, and technical execution.

Thematic appropriateness criteria includes, but is not limited to: clarity of video theme, clear and compelling expression of message, overall impression and impact, usage of challenge to reinforce theme, feasibility of concept execution, ability to effectively carry challenge out, sincerity and credibility of statement, level of motivational messaging, audio and visual quality.

The ten (10) Entries (the “Semi-Finalist Entries”) that receive the highest overall Judges Scores in the First Judging Period will be sent to the Second Judging Period.  A different panel of qualified judges (the “Second Period Judges”) will judge the Semi-Finalist Entries.  The five (5) Entries (the “Finalist Entries”) with the highest overall Judges Score from the Second Judging Period will be sent to Kristen Kish who will judge the Finalist Entries using the Judging Criteria.  The Finalist Entry with the highest score from Kristen Kish will be the potential winner.

In the event of any ties, the Entry with the highest score in criterion (iii), promotion ability, will prevail. In the event there are still any ties, the tied Entries will be rescored and the Entry with the highest overall Judges Score will prevail. If the winner is found to be ineligible or does not comply with these Official Rules, he/she/they will be disqualified and the Entry with the next-highest Judges Score will be named a winner. Administrator’s, Judge’s, and Sponsor’s decisions shall be final and binding in all matters pertaining to the judging and selection of the winner. There will only be one (1) winner.

5.  PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”):

1. Prize (1): The winner will the following prize package: (i) One Thousand Dollars (USD $1,000), (ii) a gift card towards a virtual private chef cooking experience valued at One Thousand Dollars (USD $1,000) and (iii) a gift basket which may include “It’s All In The Sauce” Culinary Guided Journal, Pen for Journal Writing, Kristen Kish Cookbook, Aprons, Oven Mittens, and a Spatula (collectively, the “Prize”).  The ARV of the Prize is USD $2,263.13/CAD $2,880.06.
   

2. Total ARV:  The total ARV of all available prizes in the Contest is USD $2,263.13/CAD $2,880.06.
   

3. General:  The winner will be required to follow all of the terms and conditions set forth on the gift card or voucher awarded.  In no event will more prizes than are stated in these Official Rules be awarded. If, for any reason, more prize notifications are sent (or more claims are received) than the number of prizes offered, as set forth in these Official Rules, no prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a prize or force majeure. The winner shall be solely responsible for payment of any and all applicable federal, state, and local taxes for any prize won. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. The Contest Entities shall not be held responsible for any delays in awarding the Prize for any reason. If after a good-faith attempt Sponsor is unable to award or deliver a prize, the prize may not be re-awarded.
   

6.   HOW TO CLAIM A PRIZE:  The potential winner is subject to verification of eligibility and compliance with these Official Rules. Sponsor will notify the potential winner by sending him/her a Direct Message on Instagram (depending on where the winning Entry was posted) with instructions on how to redeem a prize. The potential winner must reply to the Direct Message by providing all requested information in the Direct Message, including, but not limited to, his/her/their full name, e-mail address, date of birth, and mailing address (P.O. Boxes are not permitted) within forty-eight (48) hours or the potential winner may be disqualified, and the prize may be forfeited in its entirety.

Before being declared a verified winner, the potential winner will be required to execute an Affidavit of Eligibility (Declaration of Eligibility if the potential winner is a Canadian resident)/Liability & Publicity Release and tax acknowledgment (collectively the “Documentation”). The winner must return a fully executed and notarized Affidavit/Declaration and completed Documentation to the Sponsor or its authorized designee within ten (10) calendar days from the date it is postmarked as being sent to the potential winner or the Prize may (in Sponsor’s sole discretion) be forfeited.

BEFORE BEING DECLARED A VERIFIED WINNER, A CANADIAN POTENTIAL WINNER MUST FIRST CORRECTLY ANSWER A MATHEMATICAL SKILL-TESTING QUESTION. Skill-testing question will be included in the Declaration.

If the potential winner is disqualified, found to be ineligible or not in compliance with these Official Rules, declines to accept the Prize, any winner notification is returned as undeliverable or the potential winner fails to respond to a winner notification within the timeframe specified in such winner notification, or in the event that a potential winner fails to return an executed and notarized Affidavit/Declaration and completed Documentation within the ten (10) calendar day deadline, the Prize may be forfeited. If a Prize is forfeited for any reason, it may be awarded to an alternate potential winner, in accordance with Section 4.  The winner shall be solely responsible for payment of any and all applicable federal, state, provincial, territorial, and local taxes for the Prize. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility.  Sponsor will issue an IRS-Form 1099 to a United States resident winner.

7.    LIMITATION OF LIABILITY:  By participating in this Contest, entrants agree that the Contest Entities and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail notifications, telephone calls, or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/Internet/Website/UseNet accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Website; (vii) any injury or damage, whether personal or property, to entrants or to any person's computer related to or resulting from participating in the Contest and/or accepting a prize; and (viii) Entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Contest Entities are not responsible for any undelivered telephone calls, messages or e-mails, including without limitation, e-mails that are not received because of an entrant’s privacy or spam filter settings that may divert any winner notification or other Contest related e-mail to a spam or junk folder.    

By entering the Contest, each entrant agrees: (i) to be bound by these Official Rules, including Entry Requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her/their rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Contest; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Contest, including, but not limited to, any Contest-related activity or element thereof, and the entrant’s Entry, participation or inability to participate in the Contest; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by entrant.

If, for any reason, the Contest is not capable of running as planned, or the integrity and or feasibility of the Contest is severely undermined by any event beyond the control of Sponsor, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of Sponsor (each a “Force Majeure” event or occurrence), Sponsor reserves the right, at its sole and absolute discretion, to abbreviate, cancel, terminate, modify or suspend the Contest and/or proceed with the Contest, including the selection of a winner in a manner it deems fair and reasonable, including the selection of winner from among eligible Entries received prior to such cancellation, termination, modification or suspension without any further obligation provided a sufficient number of eligible Entries are received.

Without limiting the foregoing, everything regarding this Contest, including the Prize, 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.

8.     DISPUTES: THIS CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF MICHIGAN, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN OAKLAND COUNTY, MICHIGAN. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN MICHIGAN. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN OAKLAND COUNTY, MICHIGAN. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR CONTEST ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.  

9.     PRIVACY POLICY: Any personally identifiable information collected during an entrant's participation in the Contest will be collected by Sponsor or its designee and used by Sponsor, its affiliates, designees, agents and marketers for purposes of the proper administration and fulfillment of the Contest as described in these Official Rules and otherwise in accordance with Sponsor’s privacy policy at https://www.upwork.com/legal#privacy.

10.   PUBLICITY RIGHTS: By participating in the Contest and/or accepting a prize, each entrant agrees to allow Sponsor and Sponsor’s designee the perpetual right to use his/her/their name, biographical information, photos and likeness, voice recording, video images and all related footage, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered worldwide, including but not limited to television (including live television), radio, and Internet, without notice, review or approval and without additional compensation except where prohibited by law. ‍

11.   GENERAL: This Contest is subject to all federal, state and local laws and regulations.  Winning a prize is contingent upon fulfilling all requirements set forth herein. Any attempted form of participation in this Contest other than as described herein is void and will result in disqualification, and if such person is selected as a potential winner, revocation of his/her/their prize. If it is discovered or suspected that a person has registered, entered or attempted to register or receive Entries using multiple e-mail addresses, identities, IP addresses, or use of proxy servers or like methods, all of that person’s Entries will be declared null and void and that person will not be awarded any prize that he/she/they might have been entitled to receive and such prize may be forfeited at the Sponsor’s sole and absolute discretion. Sponsor reserves the right to disqualify any individual found, in its sole and absolute opinion, to be tampering with the operation of the Contest, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Contest. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Contest will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a winner, the winning Entry will be declared made by the authorized account holder of the e-mail address associated with the Instagram account used to make such Entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Each entrant may be required to show proof of being an authorized account holder. If any provision of these Official Rules or any word, phrase, clause, sentence or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or any prize documents will not affect the validity or enforceability of any other provision. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All Entries and/or materials submitted will not be returned. In the event of any conflict with any Contest details contained in these Official Rules and the Contest details contained in any Contest promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Contest as set forth in these Official Rules shall prevail.

11.   WINNER LIST: To obtain a list of the names of the winner, a person must send an email within three (3) months of the end of the Contest to research-ops@upwork.com with the subject: Upwork x Kristen Kish Recipe Remix Contest– Winner’s List.

Sponsor: Upwork Global Inc., 475 Brannan St, Suite 430, San Francisco, CA 94107

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Currency Conversion Date:  November 23, 2021