Get Excited For Our MyKosher Kids Showdown Contest!

 

KIDS – To participate in the Contest, you must get your Mom or Dad’s permission. You can also ask them to read the Terms and Conditions and explain them to you.

  1. Introduction

These Terms and Conditions (the “Terms”) apply to the MYKOSHER Kids’ Cooking Videos Contest (the “Contest”) being conducted by Kosher.com via its website “MyKosher.com” (the “Website”). These Terms are in addition to the general Terms and Conditions and Privacy Policy (“GTCPP”) which are applicable to use of Kosher.com’s websites, as published online by Kosher.com.

The basic rules of the Contest will be displayed on the Website (the “Rules”).

The Contest is subject to these Terms and also to the GTCPP, and also to the Rules. These Terms will be deemed to include the GTCPP and the Rules.

Participation in the Contest is subject in all respects to these Terms. By using or accessing the Website or participating in the Contest, you agree to these Terms. You should therefore review the Terms carefully before entering the Contest and, if you do not agree to the Terms, you must exit the Website and not participate in the Contest, in order to avoid being bound by the Terms. These Terms may be modified from time to time by Kosher.com, without advance notice. All participation in the Contest will be subject to the Terms in the form most recently published on the Website at the time of submission of such participation.

  1. User Contributions

2.1       Definitions – For the purposes of these Terms, “User Contributions” means all of the text, images, sounds and other content that you submit to Kosher.com in the context of the Contest, and “Contributor” means any entity that makes a User Contribution. Rights granted to Kosher.com in respect of User Contributions and Contributors shall be deemed granted also to affiliates, successors and assigns of Kosher.com and to any third party to whom Kosher.com submits such User Contributions.

2.2       Copyright in User Contributions – By submitting a User Contribution, you are confirming and warranting to Kosher.com that (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant to Kosher.com the rights and license as provided in these Terms, and (ii) that the posting of your User Contribution by Kosher.com does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

2.3       Prohibited User Contributions – You are responsible for any User Contribution that you submit to Kosher.com, including its legality, reliability, and appropriateness. All Contributors are prohibited from submitting any User Contributions which in whole or part do any of the following:

  • contain any material protected by third party copyright or other rights of any kind, unless such third party has granted its prior written permission for such submission;
  • infringe the copyright, intellectual property rights or personal or any other rights of any entity;
  • contain false or misleading information or claims;
  • contain material which is sexually explicit, pornographic, racist, hateful, threatening, or inappropriate in any other way;
  • promote illegal activity;
  • contain any viruses or malware;
  • promote political views or candidates;
  • are inconsistent with public morals;
  • violate any of the laws to which Kosher.com may be subject;
  • violate any of these Terms.

Contributors will be exclusively liable, including but not limited to criminal liability and liability towards any government authority, for any and all consequences of any User Contribution that violates any of these Terms.

2.4       Use of User Contributions – By submitting a User Contribution, a Contributor grants to Kosher.com and its affiliates, successors and assigns, a perpetual, irrevocable, worldwide, royalty free and non-exclusive license to use, exploit, copy, display, publish, perform, commercialize and/or distribute such User Contribution, as may be amended by Kosher.com in accordance with these Terms, online, in print and/or in any other media or formats, any number of times, without restriction. Each such Contributor also grants to Kosher.com and its affiliates, successors and assigns the right to use such Contributor’s name, character, photograph, voice, and likenesses in connection with the User Contribution (“Identity Data”).

Without limitation, Kosher.com will also be entitled to commercialize User Contributions and Identity Data in any way that Kosher.com deems appropriate. This might include, by way of example, in the context of advertising, promotion, publication, compilation, or in any other way.

Notwithstanding the foregoing, nothing contained in these Terms may be deemed to oblige Kosher.com in any way to make any use of User Contributions, and all such use, or non-use, shall be in Kosher.com’s discretion. User Contributions will not be returned to Contributors.

2.5       No Compensation. Contributors shall not be entitled to receive any compensation from Kosher.com or any other party in connection with the submission and use of User Contributions and Identity Data, and by submitting any User Contribution and Identity Data they waive any and all claims to royalty, right, or remuneration for such use, regardless of whether or not Kosher.com itself may generate revenues and profits from such User Contribution and Identity Data.

2.6       Amendment of User Contributions – By submitting a User Contribution, a Contributor grants to Kosher.com and its affiliates, successors and assigns, the full and unrestricted right to review, edit, modify and delete any portion of the User Contribution, whether this is because Kosher.com deems such portion to violate any of these Terms or to be inappropriate for the purpose for which it was submitted, or to be inconsistent with any applicable laws, regulations or customs, or for any other reason whatsoever, in Kosher.com’s discretion. Kosher.com may endeavor from time to time to update a Contributor regarding any modification made by Kosher.com to a User Contribution, prior to or after such publication, but Kosher.com is not obliged to update in this way and in many cases may not provide such update. Although Kosher.com is entitled to take any of the above actions in its discretion, it does not undertake to take any such actions, and nothing in the foregoing in any way diminishes from the exclusive liability of the Contributor for the content of the User Contribution or from the exclusive responsibility of Contributor to ensure that the User Contribution complies in all respects with these Terms and with all applicable laws and regulations.

2.7       Third Party Allegations – Kosher.com respects the copyright and intellectual property rights of third parties. Accordingly, Kosher.com specifically reserves all rights to remove any and all User Contributions, in whole or in part, for which allegations were made to Kosher.com that they give rise to any claim of infringement of third party rights, without coordinating the matter with the Contributor, or informing the Contributor, or performing any kind of verification process with respect to such allegations.

2.8       Parental Consent – This Contest is specifically for kids. Kosher.com requires that parental consent be granted as a condition of entry to the Contest. By entering the Contest and submitting a User Contribution, you are confirming that parental consent has been given. Kosher.com specifically reserves all rights to remove any and all User Contributions, in whole or in part, for which allegations were made to Kosher.com that they were submitted without parental consent. Kosher.com may take such action without coordinating the matter with the Contributor, or informing the Contributor, or performing any kind of verification process with respect to such allegations.

  1. Contest Procedures

3.1       Eligibility – The Contest is aimed specifically at minors. A parent or guardian of any such minor must sign a release on behalf of the minor to be eligible to receive a prize. No single household will be entitled to more than one prize at most. Employees of Kosher.com, Royal Wine Corporation, Kenover Marketing Corporation and any company under their control, or under common control, the Contest’s participating sponsors, if any, and their advertising agencies, and members of the immediate family of any such persons are not eligible to participate or win. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.

3.2       Conduct, Judging, and Decisions. By participating in the Contest, Contributors agree to be bound by the Contest decisions of Kosher.com. Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. Kosher.com will interpret these Terms and resolve any disputes, conflicting claims or ambiguities concerning the Terms or the Contest and Kosher.com’s decisions concerning such disputes shall be final. If the conduct or outcome of the Contest is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of Kosher.com, Kosher.com reserves the right to terminate the Contest, or make such other decisions regarding the outcome as Kosher.com deems appropriate. All decisions will be made by Kosher.com and are final. Kosher.com may waive any of these Terms in its sole discretion.

3.3       Prizes. Any prize that may be awarded to any eligible winner may not be transferred, redeemed for cash or exchanged for any other prize, by the winner. A prize must be redeemed within 30 days of the Contest end date. If a prize is date specific (for example, concerts, trips) then a winner must be available on the dates specified, in order to collect the prize. If a winner cannot be contacted or is disqualified for any reason, within time limits determined by Kosher.com, then Kosher.com reserves the right to determine an alternate winner or not to award that winner’s prize, in its sole discretion. Kosher.com reserves the right, in its discretion, to exchange any prize for any other prize of approximately equivalent retail value, or for cash, whether for reasons of availability, shipping, or any other reason.

3.4       Taxes. Any valuation by Kosher.com of a prize is based on available information provided to Kosher.com, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Any winner is solely responsible for reporting and paying any and all applicable taxes related to the prize and paying any expenses associated with any prize which are not specifically provided for in the Rules. Each winner must provide Kosher.com with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from Kosher.com, if at all, will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.

3.5       Communication/Delivery Disclaimer. Kosher.com disclaims all liability for the inability of a Contributor to complete or continue a telephone call due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond Kosher.com’s control, or otherwise. Kosher.com disclaims all liability for any delays, mis-delivery, loss, or failure in the delivery of any item sent by a Contributor to Kosher.com by any delivery method. Kosher.com is not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant’s ability to participate in the Contest, and any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Contest.

3.6       Miscellaneous. Kosher.com may substitute prizes, amend the Rules or discontinue the Contest at any time. Kosher.com disclaims any responsibility to notify participants of any aspect related to the conduct of the Contest. For a copy of the Rules, or, if required by law, a list of winners, you may visit the Website.

  1. Limitation of Liability; Release

4.1       Limitation Of Liability – KOSHER.COM IS NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY USER CONTRIBUTIONS. ALTHOUGH KOSHER.COM MAY PROVIDE RULES FOR USER CONTRIBUTIONS, KOSHER.COM IS NOT RESPONSIBLE FOR CONTENT OF USER CONTRIBUTIONS AND IS NOT RESPONSIBLE FOR ANY OBJECTIONABLE USER CONTRIBUTIONS.

UNDER NO CIRCUMSTANCES, SHALL KOSHER.COM OR OUR AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, LICENSORS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION UN THE CONTEST.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF KOSHER.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN KOSHER.COM’S LIABILITY THAT OTHERWISE WOULD HAVE BEEN LIMITED BY THESE TERMS SHALL NOT EXCEED $20.00.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

4.2       Release. By participating in the Contest, each participant and winner waives any and all claims of liability against Kosher.com, its employees and agents, the Contest’s sponsors and their respective employees and agents, for any personal injury or loss which may occur from the conduct of, or participation in the Contest, or from the use of any prize. In order to receive a prize, participants may be required to sign an official waiver form provided by Kosher.com.

4.3       Indemnification. You agree to defend, indemnify and hold harmless Kosher.com, its affiliates, licensors and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating in any way to your participation in the Contest insofar as such participation is inconsistent in any way with these Terms.

  1. Law Compliance

The conduct of the Contest is governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein. Kosher.com shall follow the applicable laws for conducting contests, including, where applicable, such matters as notice to the state attorney general or consumer affairs office, posting of a prize bond, furnishing lists of winners, running specific on-air disclaimers, providing specific written information about the Contest, etc. as may be required by law.

  1. Miscellaneous

Any use of the word “including” in these Terms shall be construed as meaning “including, without limitation”, unless expressly stipulated to the contrary. Section headings are for convenience purposes only, and may not be used in the construction or interpretation of these Terms. No principle of construction against the drafter shall apply in the construction of these Terms. No failure or delay on the part of Kosher.com in exercising any right and/or remedy to which it may be entitled hereunder and/or by law shall operate as a waiver by Kosher.com of any right whatsoever. No waiver of any right of Kosher.com under these Terms shall be deemed as a waiver of any further or future right hereunder, whether or not such right is the same kind of right as was waived in a previous instance. In case any provision of the Terms shall be declared invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby

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