Official Rules, Terms, and Conditions
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS COMPETITION. VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY APPLICABLE LAW.
CONTEST TERMS AND CONDITIONS
By entering this competition (the "Competition"), individuals submitting entries (each an "Entrant" and collectively, the "Entrants") accept and unconditionally agree to be bound by these terms and conditions (the "Terms and Conditions"). The Winner will be chosen and a Grand Prize (the "Grand Prize"), if any, will be awarded in accordance with these Terms and Conditions. Any violation of the Terms and Conditions may, at the Sponsor's discretion, result in disqualification. All decisions of the Sponsor regarding this Competition are final and binding in all respects.
In case of any conflict between these general Terms and Conditions and the rules applicable to the specified contest available on TheUltimateBaker.com or through the Ultimate Baker Application (the "Contest Rules"), the terms of the Contest Rules shall govern.
CONSUMER DISCLOSURE: You have not yet won.
The Ultimate Baker
- Sponsor: The Ultimate Baker (the "Contest") is sponsored by Christmas INC, 2014 Electric Rd. #195, Roanoke, VA (the “Sponsor”). The Sponsor is responsible for all aspects of the Contest. Participation in the Contest constitutes the participant's full and unconditional agreement to these Official Rules, and Sponsor’s decisions, which are final and binding in all matters related to the Contest.
- Eligibility: Contest (the "Contest") is only open to participants worldwide who are 18+ (the “Age of Majority”) at the time of entry (the “Entrant”). Employees of Christmas INC (the "Sponsor"), their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Contest. The Contest is based in the United States and is subject to all applicable federal, state (Virginia) and local laws and regulations. Void where prohibited or restricted by law, rule, or regulation.
- Contest Period: Entries will be accepted online starting on Nov 02, 2022 at 09:00 AM and ending Nov 30, 2022 at 11:59 PM (the “Entry Period”). All online entries must be received by Nov 30, 2022 11:59 PM . All times are (GMT-05:00) Eastern Time (US & Canada). Entries submitted before or after the Entry Period will not be eligible. Sponsor’s computer is the official timekeeping device for the Contest.
- How to Enter: The Contest must be entered by submitting an entry using the online form provided on this site. The entry must fulfill all Contest requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Christmas INC. You may enter only once and you must fill in the information requested. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of Christmas INC. Only the Entrant should appear in the Submitted Materials. All Submitted Materials must have been taken on or after the Entrant reached the Age of Majority. Submitted Materials shall not have been altered by software or other means to enhance the materials and must be suitable for publication. Submitted Materials must not infringe or violate any right of any third party or entity, including but not limited to copyright, right of publicity, and right of privacy. Please check with the creator to make sure that you have the rights to submit any material created by a third party, such as a photographer or videographer. Any Submitted Materials exhibiting the Entrant’s nipples or genitals, or any materials that are otherwise deemed to be crude, indecent, offensive, vulgar, or obscene will be rejected. The determination of whether any materials exhibit the Entrant’s nipples or genitals, or are otherwise obscene is in the sole and absolute discretion of the Sponsor. False, deceptive or incomplete entries or other information provided by Entrants though the Competition may render the entry ineligible at any point in the Competition regardless of when the problem is actually discovered. The Sponsor reserves the right to contact an Entrant to request resubmission of one or more of the Submitted Materials and/or to request that the Entrant submit Additional Materials (as such term is defined below). While Entrants may have assistance in entering data and uploading the materials, each Entrant must otherwise complete the entry forms themselves. Any entries submitted by anyone other than the person appearing in the Submitted Materials (including but not limited to entries submitted by modeling or talent agencies) will be rejected. As set forth in greater detail below, submission of photographsor other materials and entry in the Competition constitutes consent for the Sponsor to the use of the Submitted Materials in any publication, digital Application and/or Website, and otherwise in connection with the Sponsor’s or a Promotion Entity’s brand, and in any and all media now known or hereafter discovered for the full duration of the copyright in the applicable Submitted Materials. By entering into the Competition, Entrant represents and warrants that he or she meets the Age of Majority and owns or controls all necessaryrights in the Submitted Materials and the Additional Materials, if any, to grant the Sponsor the rights described herein. The Sponsor may establish additional guidelines with respect to the Submitted Materials, including with respect to the quality and quantity of materials required to be submitted. By entering the Competition, you may be required to complete a consent and release to allow the Sponsor and/or Promotion Entities to use your Submitted Materials. Should such a document be required, your submission shall not constitute a completed submission unless and until such consent and release has been duly executed by the Entrant and delivered to the Sponsor. Submission of a qualifying entry grants the Sponsor, each Promotion Entity and each of their respective representatives and agents the right to publish, use, adapt, edit, and/or modify such entry in any way, in any and all media, without limitation and without consideration to Entrant. Submission of an entry further constitutes Entrant’s consent to irrevocably license to Sponsor any and all rights, title, and interest in the entry, including, without limitation, all copyrights reserved. By submitting the Submitted Materials, you represent and warrant to the Sponsor and each Promotion Entity that you have sufficient legal rights over such Submitted Materials to assign the aforementioned rights to the Sponsor and each Promotion Entity. You further agree to indemnify and hold harmless the Sponsor and each Promotion Entity from any and all claims of intellectual property infringement made by any party against the Sponsor and/or a Promotion Entity for their use, possession, and/or dissemination of the Submitted Materials. Except as otherwise permitted herein, only one entry per person will be accepted; all subsequent entries will be disregarded. Entrants may submit their entry forms and materials using the above procedures anytime during the entry period. Late Entrants may be accepted in the sole and absolute discretion of the Sponsor. Date of entry during the entry period will not affect chances of being chosen. The entry period shall be as determined in the sole and absolute discretion of the Sponsor and may be shortened or extended without notice at any time.
- Qualifying Submissions: Entrants must fill out our entry form and upload either a photo or video of their own original baking content. While the recipe does not need to be their own, they need to have made the recipe themself.
- Preliminary Period. After entering the Competition, the Submitted Materials may be publicly placed on the Website, the Application, or any other platform (the “Platform”) as may be determined in the sole and absolute discretion of the Sponsor. Entrants may be requested to submit additional images or other materials (the “Additional Materials”) for publication on the Platform, so long as such images or materials do not display nipples or genitalia, are not obscene (as determined in the sole and absolute discretion of Sponsor), and do not infringe upon the rights of any person or entity, including but not limited to copyright, right of publicity, and right of privacy. Upon submission of any Additional Materials, the Entrant agrees that such Additional Materials shall immediately constitute Submitted Materials for the purposes of these Terms and Conditions.
- Selection: Sponsor will, in its sole and absolute discretion, select among the Entrants (herein “Entrants”) based upon their evaluation of the Entrants qualifications as well as the quality of the Submitted Materials. Selected Entrants may be required to provide additional information or proof of copyright ownership. The Sponsor reserves the right to contact an Entrant for any reason. As set forth below in more detail, visitors to the Platform will have an opportunity to vote for their favorites among the posted Selected Entrants from each group. In the event that any Selected Entrant is determined to be ineligible, she or he may be disqualified in the Sponsor’s sole and absolute discretion and her or his photo(s) or other materials will be removed, but the Sponsor is not obligated to replace her or him with another Selected Entrant. If a claim is made that Entrant does not own or control sufficient rights in the Submitted Materials to grant the requisite rights to the Sponsor, the photograph(s) or other materials in question will be removed from the Competition Platform until such time that sufficient evidence has been provided to prove copyright ownership. The selection of the Entrants shall be within the sole and absolute discretion of the Sponsor, whose decisions shall be final, and shall be based on the criteria listed herein. The Competition may be held over multiple rounds. The number of rounds in the Competition may be determined in the sole and absolute discretion of the Sponsor as required to determine a single Winner to the competition. Winning the Competition is not subject to random chance. The chances of being selected to proceed to each of the different rounds/phases of the Competition depend on the number of Entrants, on the judging criteria for each round/phase, how well the Entrant rates on each such criterion compared to other Entrants, and the number of votes each Entrant receives in each round/phase. In the event of a tie, the Sponsor shall judge the tied entries based upon the overall quality of each tied entry.
- Public Voting. During the Competition, each individual who has reached the Age of Majority as of the date of voting (each a”Voter” and collectively the”Voters”) may cast one vote for one Entrant. The Sponsor may elect to grant free votes to Voters by providing their email address or linking such Voter’s “real” social media accounts or on a time-to-time basis or through such other means as it may determine in its sole and absolute discretion. Voters may be permitted to purchase additional credits to vote (for one or more Entrants). Qualifying votes shall only be cast in accordance with the instructions as listed on the Platform. NOTE: IT IS NOT NECESSARY FOR ANY ENTRANT TO PAY AN ENTRY FEE, CAST A VOTE, OR TENDER A PAYMENT OF ANY KIND IN ORDER TO ENTER OR WIN THIS COMPETITION.
- Purchased Votes: Please note that purchased votes are not tax deductible and you should consult your own tax advisors with respect to any tax consequences of your purchase and/or participation in the Competition.
- Refund Policy: Since the Competition will be decided based upon votes the public casts, we do not issue refunds once a vote is fully cast through our system. As a voter, you are responsible for understanding this upon casting any votes for any contestant competing in the Competition. To maintain the integrity of the Competition, there will be no exceptions to this policy. Sponsor has a NO REFUND policy, therefore all sales are final. There are no refunds. By making a purchase you acknowledge you have read and agree to the Competition’s Terms of Purchase as well as our No Refund Policy.
- Voters Terms of Purchase: By completing your purchase, you hereby agree to be bound by Virginia jurisdiction and liable to be tried in the Virginia court system if there is any evidence of fraudulent activity pursuant to your purchase. You also hereby agree to be financially held responsible for any and all fees incurred to Sponsor in relation to a dispute should a Virginia court determine any claims to in fact be fraudulent and rule in favor of the Sponsor. By your use of the website, you hereby acknowledge and accept the “Terms of Purchase” as set forth herein.
- Judging: The Contest entries will be judged based on: During the first two rounds, contestants will collect votes from the public. Then, during our final round, a panel of celebrity judges will cast their votes to combine with public votes and determine the top ten finalists. Judges are asked to vote for their top 10 contestants and rank them 1-10. The baker with the most votes, wins.
- Prizes: The approximate retail value of all prizes is $17500.00. The prizes are: One baker will take home the title of the Great American Baker, $5,000, a custom sprinkle collection with Sprinkle Pop, and will be featured on the cover of ‘Christmas INC.’ Magazine (Valentine’s Edition). Plus the 10 top finalists will get a feature spread in ‘Christmas INC.’ Magazine (Valentine’s Edition) and a Christmas Baker's Box. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor's discretion. The prize is nontransferable. Any and all prize related expenses, including without limitation any and all federal, state, and local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for Christmas INC to use winner's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
- Winner Notification: Winners of the Contest will be notified via e-mail or phone to the e-mail address or phone number they entered into the Contest with within five (5) days following the winner selection. Christmas INC shall have no liability for a winner's failure to receive notices due to winners' spam, junk e-mail or other security settings or for winners' provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 15 days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited and an alternate winner selected. The receipt by winner of the prize offered in this Contest is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE CONTEST AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
- Rights Granted by you: By entering this Contest you understand that Christmas INC, anyone acting on behalf of Christmas INC, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner's name, portrait, picture, voice, likeness, image or statements about the Contest, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
- Terms: Christmas INC reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Contest should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, Christmas INC may judge submissions from all eligible entries received prior to and/or after (if appropriate) the action taken by Christmas INC. Christmas INC reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or website or violates these Terms & Conditions. Christmas INC has the right, in its sole discretion, to maintain the integrity of the Contest, to void entries for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Contest rules; or the use of bots, macros or scripts or other technical means for entering. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws and should such an attempt be made, Christmas INC reserves the right to seek damages from any such person to the fullest extent permitted by law. By entering the Contest you agree to receive email newsletters periodically from Christmas INC. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter.
- Competition rounds: Preliminary Pre-Judging Round: The Sponsor will do a preliminary screen of all entries for compliance with the Terms and Conditions and adherence to the judging criteria, as well as hand selecting Entrants to advance to the initial public voting round. Public voting begins on December 1, and will end on the date specified in the contest terms, or as otherwise determined by the Sponsor. Public Voting Round One or more rounds of public voting will help determine the Winner of the Competition (the “Grand Prize Winner”), subject to such individuals’ compliance with the Terms and Conditions and other applicable rules in connection with the Competition. The Sponsor reserves the right to delineate voting into one or more rounds for any purpose including, but not limited to, in response to a significantly higher number of Entrants than expected. Judges will cast their votes in the final round to determine the winner and top ten entrants out of the final 25.
- Limitation of Liability: By entering or voting, you agree to release and hold harmless Christmas INC and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors, and any prize provider from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant's participation in the contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Contest; (v) electronic or human error which may occur in the administration of the Contest or the processing of entries. ALL DECISIONS OF THE SPONSOR SHALL BE FINAL AND CONCLUSIVE ON ALL MATTERS RELATING TO THE COMPETITION. ALL ENTRANTS, SELECTED ENTRANTS, AND THE GRAND PRIZE WINNER, AND VOTERS RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE SPONSOR, PROMOTION ENTITIES, AND ALL PRIZE PROVIDERS, AND THE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS OF EACH, FROM AND AGAINST ANY AND ALL LIABILITY WITH RESPECT TO, OR IN ANY WAY ARISING FROM, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, THIS COMPETITION, PUBLICATION OR USE OF THE SUBMITTED MATERIALS OR ADDITIONAL MATERIALS, ENTRANTS NAMES AND LIKENESSES, AND/OR ACCEPTANCE, USE, MISUSE, LOSS, OR MISDIRECTION OF THE PRIZE, INCLUDING LIABILITY FOR PERSONAL INJURY, DEATH, DAMAGES, OR MONETARY LOSS. IN NO EVENT SHALL THE SPONSOR, PROMOTION ENTITIES, OR ANY PRIZE PROVIDER BE LIABLE OR OBLIGATED TO AN ENTRANT, SELECTED ENTRANT, GRAND PRIZE WINNER, OR ANY THIRD PARTY IN ANY MANNER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY.
- Disputes: THIS CONTEST IS GOVERNED BY THE LAWS OF UNITED STATES AND VA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, whether by entry or voting, the participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in VA having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with entering this Contest), and participant further waives all rights to have damages multiplied or increased.
- Voter’s Collection of Information. By voting you consent to collection, use, and disclosure of your information by the Promotion Entities or any other party in the sole and absolute discretion of the Promotion Entities. This information may include, but is not limited to your name, address, phone number, email address, and amount paid per vote.
- Winners List: For the names of the winners, please contact us at and in the body of the email type 'Please e-mail me the winners' list for the Christmas INC Contest.
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