Official Entry Guidelines
The Bento Design Awards invite graphic designers and restaurant owners to enter their most innovative print menu design for the chance to win a $500 American Express® gift card, among other prizes. To be eligible, the entry must have been designed after January 1, 2018 and must actually have been used in a restaurant setting. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION.
By entering this Promotion, entrants accept and agree to be bound by these Official Rules. Any violation of these Official Rules may, at Sponsor’s discretion, result in disqualification. All decisions of Sponsor and the judges regarding this Promotion are final and binding in all respects. The designer of the submitted menu will be considered the “entrant” for all Promotion purposes.
This Promotion begins February 28, 2019, 8:00 AM EST and ends March 31, 2019, 11:59 PM EST, when all entries must be received (“Promotion Period”). Sponsor's computer is the official time-keeping device for the Giveaway. Proof of submitting an entry does not constitute proof of receipt by Sponsor.
This Promotion is only open to legal residents of the 50 United States and District of Columbia who are at least the age of majority or older as of the date of entry, excluding officers, directors, members, and employees of the Sponsor, the judging organization (if applicable), or any other party associated with the development or administration of this Promotion, and the immediate family (i.e., parents, children, siblings, spouse), and persons residing in the same household, as such individuals. This Promotion is void outside the 50 United States and the District of Columbia, and where prohibited.
How to Enter
Visit https://www.bentodesignawards.com/submit during the Promotion Period and follow the instructions to complete and submit the entry form. You must include all requested information (name, email, business, business size) and one PDF (maximize file size of 7MB) of a menu design that was actually used in a restaurant setting after January 1, 2018 (“Submission”). Entrants represent and warrant that their Submission is the original work of such entrant, it has not been copied from others, and it does not violate the rights of any other person or entity. Entrant further represents and warrants that their Submission adheres to the fundamental spirit of the Promotion and does not contain any defamatory, obscene or otherwise unlawful matter or depict anyone engaged in any illegal, immoral or lewd act, any violent or pornographic material or contain any other inappropriate content (as determined by Sponsor in its sole discretion).
Limit: One (1) entry per person during the Promotion Period. All entries and physical Submissions become the sole and exclusive property of Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled posts/entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only entries which comply with all requirements outlined herein are eligible.
Winner Selection and Notification
All eligible Submissions will be judged on or about April 8, 2019 (the “Judging Date”) by a panel of judges comprised of BentoBox Staff, Restaurant Owners & Designers. The judges will score entries based on the following criteria: Design (34%), innovation (33%), and readability (33%). The entry with highest overall score will be declared the potential winner (in the event of a tie, the tied entry with the higher score in design will prevail). If there is still a tie, an independent judge will be selected to rank the tied entrants based on the above criteria until a winner is selected.
Potential winners will be notified by email and/or telephone at Sponsor’s discretion. If a potential winner: (i) cannot be contacted; (ii) does not respond within five (5) days from the date the Sponsor first tries to notify him/her; (iii) fails to return an Affidavit and Release, if requested by Sponsor; (iv) refuses the prize; and/or (v) the prize or prize notification is returned as undeliverable, such potential winner forfeits all rights to win the Promotion or receive the prize, and the Submission with the next highest judges’ score will be selected as the potential alternate winner. Upon contacting a potential winner and determining that he/she has met all eligibility requirements of the Promotion, including without limitation the execution of Affidavit of Eligibility and a Liability and Publicity Releases (“Affidavit and Release”) which may or may not be required by Sponsor in its sole discretion, and, at Sponsor’s discretion, successful completion of a background check, such individual will be declared the “winner” of the Promotion.
There will be one (1) grand prize winner and three (3) first prize winners. The grand prize is a five hundred ($500) dollar American Express® gift card. The first prize is a one hundred ($100) dollar American Express® gift card. The approximate retail value of all prizes is $800. Prizes consist only of items specifically listed as part of the prize or as agreed upon by Sponsor in writing. Certain conditions and restrictions may apply, specifically including without limitation any restrictions printed on the prize or any prize documentation from Sponsor. All costs and expenses not specified herein, related to the prize or incurred by accepting a prize, are the sole responsibility of each individual winner.
All prizes must be accepted as awarded without substitution and are not transferable, not for resale and have no cash surrender value. The Sponsor reserves the right, in the event that a prize (or portion thereof) cannot be awarded as described for any reason whatsoever, to substitute another prize of equal or greater value. Once awarded to the winners, the Sponsor shall have no liability whatsoever for the prizes or the use or misuse of the prizes. By accepting the prize, each winner acknowledges compliance with these Official Rules and sufficiency of the prize as awarded.
All federal, state and/or local income and other taxes, if any, are the winner’s sole responsibility.
License of Rights
By entering into the Promotion, entrant hereby grants to Sponsor a non-exclusive, royalty-free, fully paid-up, worldwide, perpetual license to use, copy, display, reproduce, perform, transmit, exhibit and distribute the Submission in any and all media and formats in connection with Sponsor’s business at Sponsor’s sole discretion. Specifically, entrants agree Sponsor may feature their Submissions in a blog post on BentoBox’s Blog (http://getbento.com/blog/) & BentoBox’s Design Blog (https://medium.com/bentobox-design), at Sponsor’s sole discretion. For the sake of clarity, being featured in Sponsor materials or blog posts does not constitute a portion of the prize.
With respect to Submissions, entrants will retain copyright and all other rights subject to the license granted above to Sponsor. By submitting an entry, entrant acknowledges and agrees that Sponsor may obtain many submissions under this Promotion and that such entries may be similar or identical in theme, idea, format or other respects to others submitted under this Promotion and/or other Promotions staged and/or sponsored by the Sponsor, and waive any and all claims entrant may have had, may have, and/or may have in the future, that any composition, design, video and/or other works accepted, reviewed and/or used by the Sponsor (or its respective designees) may be similar to his/her Submission. Entrant acknowledges and agrees that the Sponsor does not have now, nor shall any of them have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to entrant’s entry.
By participating in the Promotion, entrants grant Sponsor permission to use his/her name, Submission materials, entry information, statements, biographical information and/or images for any and all publicity purposes at Sponsor’s discretion, except where prohibited by law, in any and all media now or hereafter devised throughout the world in perpetuity, without additional compensation, notification or permission or any review or approval rights; and constitutes entrants’ consent to disclose their personally identifiable information to third parties (including, without limitation, placing the winners’ names on a winners’ list).
INDEMNIFICATION AND LIMITATION OF LIABILITY
BY ENTERING THE PROMOTION, EACH ENTRANT AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSOR AND ALL THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS AND AGENTS FROM ANY DAMAGES, LOSSES, DEATH, ACTIONS, DEMANDS, INJURIES OR OTHER LIABILITY (COLLECTIVELY, “CLAIMS”) RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THAT ENTRANT’S PARTICIPATION IN THE PROMOTION AND THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE THAT MAY BE WON, OR FROM ANY MISUSE OR MALFUNCTION OF ANY PRIZE AWARDED, REGARDLESS OF WHETHER SUCH CLAIMS, OR KNOWLEDGE OF THE FACTS CONSTITUTING SUCH CLAIMS, EXIST AT THE TIME OF ENTRY OR ARISE AT ANY TIME THEREAFTER. THE PRIZES ARE AWARDED “AS IS” AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF THE PRIZE(S). NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, SPONSOR AND/OR ITS VENDORS SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS), (B) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (C) ANY MATTER BEYOND SUCH PARTIES’ REASONABLE CONTROL.
Failure to comply with these Official Rules may result in disqualification from the Promotion. Sponsor reserves the right to permanently disqualify any person it believes has violated these Official Rules. The Promotion is subject to all federal, state and local laws and regulations, and by entering the Promotion or accepting a prize, you agree to conform to all federal, state and local laws and regulations. Void where prohibited by law. Participation in the Promotion is at entrant’s own risk. Sponsor shall not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the Winner in connection with an Entry; (2) Entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit a entrant’s ability to participate in the Promotion; (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to a entrant’s or any other person's computer or mobile device in connection with this Promotion; or (5) any warranty with respect to any prize or any component thereof.
Any person attempting to defraud or in any way tamper with this Promotion may be prosecuted to the full extent of the law. The Sponsor reserves the right to cancel, terminate or modify the Promotion for any reason in its sole discretion and award the prizes from all eligible entries received prior to the cessation of the Promotion. If any provision of these rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and enforceable.
GOVERNING LAW & JURISDICTION
BY PARTICIPATING IN THE PROMOTION, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to the conflict of laws rules thereof. Entrants consent to jurisdiction and venue, and agree that any claims or disputes shall be resolved exclusively in, the federal and state courts located in New York City, New York.
For a list containing the name(s) of the winner(s), send a self-addressed stamped envelope, before 10/31/2019 to: Winner List, “Bento Design Awards 2019” BentoBox, 584 Broadway, 4FL, New York, NY, 10012.
This Promotion is sponsored by BentoBox, 584 Broadway, 4FL, New York, NY, 10012 (“Sponsor”).
Any questions, comments or complaints regarding the promotion should be directed to the Sponsor at firstname.lastname@example.org or at the address above.