The Balancing Act’s Chicken of the Sea SuperCook Contest
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  MUST BE 18 YEARS OR OLDER TO ENTER. CONTEST BEGINS AT 12:00:00 AM EASTERN TIME (“ET”) ON May 15, 2010 AND ENDS AT 11:59:59 PM ET ON Aug. 15, 2010 (“Contest Period”). VOID WHERE PROHIBITED.
ELIGIBILITY:  The Balancing Act’s Chicken of the Sea SuperCook Contest (the “Contest”) is open only to legal residents of the fifty (50) United States and District of Columbia who are (18) years of age or older. Officers, directors andemployees of The Balancing Act, LLC, Chicken of the Sea International (collectively, “Sponsors”), O2 Media Services Group, Inc. and their respective parents, subsidiaries, affiliates, agents, and advertising and promotion agencies, prize providers, and their immediate families (spouse, and parents, children, siblings and their respective spouses, regardless of where they reside) and/or persons living in the same household of such individuals, whether or not related, are not eligible to enter or win this Contest. Professional actors, as determined by Sponsors, are also not eligible. Contest is void outside the United States and where prohibited or restricted by law and subject to all applicable federal, state and local laws and regulations.
HOW TO ENTER:  You may enter Contest by going to www.thebalancingact.com/contests  (the “Contest Site”) during the Contest Period and follow the onscreen instructions to complete and submit the official entry form, including: (i) all required entry information, (ii) a photograph of you (“Photo”), (iii) your Chicken of the Sea recipe (including exact ingredients, U.S. measurements and instructions for preparation) (“Recipe”), (iv) an essay in English of no more than 400-words describing why you are someone who can turn simple Chicken of the Sea dishes into super meals that are healthy, nutritious and convenient (“Essay explaining why you should be the SuperCook. Photo must be submitted in .jpg, .gif, or .png format and cannot exceed 2 mb in size.  Submission of Entry indicates your acceptance of these Official Rules.  ENTRIES MUST BE RECEIVED BY OR BEFORE 11:59:59 PM ET ON August 15, 2010.  Limit: There is no limit on the number of Entries you can submit, but each Entry must be substantially different from any other.  All Entries become the exclusive property of Sponsors and will not be returned.  Sponsors’ clock is the official time clock for the Contest. 
Entries generated by a script, macro or other automated means or by any means which subvert the entry process will be disqualified.  Released Parties (as defined below) are not responsible for lost, late, illegible, incomplete, inaccurate, misdirected, delayed, stolen or mutilated Entries; all of which will be void.  Proof of submission does not constitute proof of receipt. If there is a dispute as to the identity of an entrant, the entrant will be deemed the authorized account holder of the email address used to enter and he/she must be eligible according to these Official Rules. The “authorized account holder” is defined as the natural person to whom the email address is assigned by an internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

• Winning Entries and, within Sponsor’s sole discretion, certain non-winning Entries will be displayed on a special Chicken of the Sea web page at the Contest Site. In addition, without reservation or restriction, Entrants agree that all winning and non-winning entries may be displayed on Chickenofthesea.com or the Contest Site following the end of the Contest Period. By submitting an Entry into the Contest, you acknowledge and agree to such display.

Entrant agrees that Released Parties are not responsible for any unauthorized use of Entries by third parties. Released Parties do not guarantee the posting of any Entry. Entrants agree that they will not use the Entry for any other purpose, including, without limitation, posting the Entry to any online social networks, without the express consent of Sponsor in each instance.

• ENTRY REQUIREMENTS:  Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:
•           is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
•            promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
•            is obscene or offensive; endorses any form of hate or hate group; appears to duplicate any other submitted Entries; 
•            defames, misrepresents or contains disparaging remarks about Sponsor, Sponsor’s products, other people or companies or products;
•            contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission; contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
•            contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
•            contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
•            contains look-alikes of celebrities or other public or private figures, living or dead;
•            communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or
•            violates any law.
• Entry must be the original work of the entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity.  If the Entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties (including a professional photograph not taken by entrant or a Video not filmed by entrant), the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof, if requested, may render Entry null and void.  By submitting an Entry, entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Entry consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein.
• SELECTION OF WINNERS:  Potential winners will be determined by picking from (10) top submissions among ALL the eligible Entries received by a team of three producers from The Balancing Act and Chicken of the Sea representatives (collectively, the “Judges”). Entries will be judged based on:
• Recipe creativity (20 percent);
• Use of Chicken of the Sea product in recipe (20 percent);
• Taste/appearance of recipe (20 percent)
• Embodiment of Chicken of the Sea brand assets (health, nutrition and convenience) (40 percent)* (collectively, “Judging Criteria”).

“Embodiment of the Chicken of the Sea brand” will be based on the recipe submitted, along with the Essay and Photo. The Recipe, Essay, and Photo are required for submission to Contest. If the Recipe, Essay, and Photo are not included, the entry will not be considered for submission. The Entry that receives the highest score, as determined by Judges in their sole discretion, will be deemed the potential Grand Prize Winner.  The Entries with the next three (3) highest scores, as determined by Judges’ in their sole discretion, will be deemed First Prize Winners.  In the event of a tie for any prize, an additional tie-breaking judge will determine the winner(s) from among all such tied Entries using the Judging Criteria. Sponsors reserve the right to not award all prizes if, in their sole discretion, they do not receive a sufficient number of eligible and qualified Entries.  Sponsors’ and Judges’ decisions are final and binding on all matters relating to this Contest. 
VERIFICATION OF WINNERS:   Grand Prize Winner’s name will be posted at www.thebalancingact.com and Chickenofthesea.com after August 23, 2010 or when contest criteria and eligibility is verified and signed. All potential winners will also be notified by mail, telephone and/or email using the contact information provided at time of entry and will be required to sign an affidavit of eligibility and liability release and, where permitted, a publicity release (collectively, “Release”) within seven (7) days of date of issuance Releases will be sent to Winners by overnight delivery.  A winner may be disqualified and prize may be awarded to alternate winner, at Sponsors’ discretion, if (i) two (2) phone attempts to make live contact within a 24-hour time period are unsuccessful, (ii) if Releases are not returned within seven (7)days after mailing to a winner, (iii) if a winner is not in compliance with these Official Rules, or (iv) if prize notification or prize is returned as undeliverable.  Acceptance of a prize constitutes permission for, and a winner’s consent to Sponsors and their respective designees to use a winner’s name, likeness, biographical information, recipe, essay, photo and/ or Entry for advertising, promotional and other purposes in any and all media, now or hereafter devised, worldwide in perpetuity, without additional compensation, notification or permission, unless prohibited by law. All winners may be subject to a background check.  To the extent necessary and as permitted by law, winners shall authorize this background check.  Sponsors reserve the right, at their sole discretion, to disqualify a winner based on the results of the background check or if winner has committed any act involving moral turpitude.  If any winner is at least 18 but still considered a minor in his/her state of residence, Sponsors reserve the right to award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winners set forth herein.
PRIZES:   The Grand Prize Includes:

• There will be one (1) Grand Prize consisting of the following:

• Grand Prize Winner’s name will be featured, along with their submitted winning recipe, on a Chicken of the Sea product.  Exact product and duration of feature time on product will be determined by Chicken of the Sea, in its sole discretion;
• $10,000 cash (awarded as a check);
• Grand Prize Winner will appear on The Balancing Act Television show. Exact details (including date and length) for this “appearance” will be determined by The Balancing Act. 
• Chicken of the Sea SuperCook Show Appearance (“Appearance”), scheduled for taping in Pompano Beach, Florida, from XXXXX to XXXXX (subject to change by producer should dates be unavailable); Round-trip, coach-class air transportation for Grand Prize Winner and a guest from a major commercial airport near Grand Prize Winner’s residence (as determined by Sponsors in their sole discretion) to Fort Lauderdale, FL or West Palm Beach, FL, hotel accommodations for Grand Prize Winner and guest for two (2) nights (one standard room/double occupancy) at the Boca Raton Hotel and Resort, Boca Raton Hotel, including ground transportation from and to the airport.

Appearance has no cash equivalent value.  Grand Prize Winner must be available and present for the shooting of the Chicken of the Sea SuperCook Show (“Show”) on date specified by Sponsors, or the Grand Prize will be forfeited in its entirety and an alternate Grand Prize Winner will be selected from all remaining eligible Entries received.  If the Show or The Balancing Act Television show is not in production or is cancelled prior to or is pre-empted during the Appearance (in the case of the Show) or otherwise, the remaining elements of Grand Prize shall constitute full satisfaction of Sponsors’ prize obligation to Grand Prize Winner and no additional compensation will be awarded.  If Grand Prize Winner fails to appear in a timely manner for the Appearance, as determined by Sponsors in their sole discretion, the Appearance may be cancelled and prize may be forfeited.  No person other than Grand Prize Winner and any other persons deemed necessary by Sponsors may be present at the Appearance. The nature of the Appearance will be determined by Sponsors in their sole discretion. 
Sponsors are not obligated to have the Grand Prize Winner make the Appearance or to be featured on The Balancing Act Television show or to broadcast or otherwise use or exploit the Show, The Balancing Act Television show or any part of either.  If Sponsors, in their sole discretion, elect to incorporate the audio and video recording of the Appearance (“Recording”), the Appearance and/or the Recording will not be considered an employment opportunity, and Grand Prize Winner will not be entitled to compensation or credit therefore.  The nature of the Recording will be determined by Sponsors in their sole discretion.  If the Recording is broadcast, such broadcast will be at a time, for a length of time, and on a date determined by Sponsors in their sole discretion. Grand Prize Winner will be required to execute and return appearance and location releases and such other documents as may be required by Sponsors (“Appearance Documents”). If Grand Prize Winner fails to execute and return Appearance Documents in a timely manner, as determined by Sponsors in their sole discretion, Appearance may be cancelled and Grand Prize may be forfeited. The content of the Recording as, and if, finally broadcast, and the number of broadcasts and re-broadcasts thereof, if any, will be determined by Sponsors in their sole discretion. Grand Prize Winner will have no rights of review, notice, or approval of the content of the Recording or any broadcast thereof. Sponsors reserve the right to disqualify Grand Prize Winner and remove him/her from the Show at any time, if him/her behavior at any point is deemed by Sponsors to be disruptive, if it may or does cause damage to person, property, or reputation of Sponsors or otherwise violates the policies thereof, or if Grand Prize Winner does not follow the directions of Sponsors at all times.  These Official Rules and the Contest are neither a contract nor an application for employment for Grand Prize Winner.
Certain travel restrictions may apply.  Travel and hotel arrangements will be determined by Sponsors in their sole discretion.  If Grand Prize Winner resides within a 150 mile radius of destination, Sponsors reserve the right to provide ground transportation in lieu of air transportation and no compensation or substitution will be provided for difference in prize value.  Travel must occur on dates and times designated by Sponsor or Grand Prize will be forfeited and an alternate winner may be selected from the remaining eligible Entries.  Once determined, no change, extension, or substitution of travel dates and/or times is permitted, except by Sponsors in their sole discretion. Grand Prize consists only of the elements set forth herein.  No other travel elements (including, without limitation, additional ground transportation, insurance, gasoline, meals, gratuities, and souvenirs) are included in Grand Prize.  All taxes and fees assessed at the time of ticketing are the responsibility of Grand Prize Winner.  Tickets are non-refundable.  Reservations are subject to availability.  Tickets are valid only for travel on airline chosen by Sponsors in their sole discretion.  Airline Tickets will be issued only to Grand Prize Winner and his/her guest. Tickets are void if sold for cash or other consideration.  Once issued, tickets are non-transferable and may not be reissued once travel has commenced.  Open tickets may not be issued and stopovers are not permitted.  Grand Prize Winner and guest must have valid travel documents (e.g., valid, government-issued photo identification and/or passport) prior to departure or Grand Prize may be forfeited.  Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Grand Prize due to reasons beyond Sponsors’ control, and is not responsible or liable for any expenses incurred as a consequence thereof.  Travel may not be combined with any other offer and Grand Prize Winner and/or guest may not qualify for frequent flyer miles or hotel points.  All travel will be at the risk of Grand Prize Winner and guest.  Sponsors will not replace any lost or stolen tickets, vouchers, or certificates.  All elements of Grand Prize must be redeemed at the same time.  In the event of an act of God or an unforeseen, uncontrollable event, Sponsors reserve the right to reschedule all travel for a later date.  Grand Prize Winner’s guest must be of legal age of majority in his/her jurisdiction (and at least 18), unless child or legal ward of Grand Prize Winner.  Guest (or, if a minor, Grand Prize Winner or legal guardian) must execute and return a liability/publicity release prior to issuance of travel documents.
The approximate retail value (“ARV”) of Grand Prize Including Cash Prize & Trip to Appearance is:  $10,000.00

FIRST PRIZE (1): The First Prize includes:

• First Prize Winner’s name will be featured, along with submitted winning recipe, on a Chicken of the Sea product. Exact product and duration of feature time on product will be determined by Chicken of the Sea, in its sole discretion; and
• $3,000 cash (awarded as a check).

Approximate Retail Value of First Prize: $3,000

SECOND PRIZE (1):  The Second Prize includes:

• $2,500 cash (awarded as a check).

Approximate Retail Value of Second Prize: $2,500

THIRD PRIZE (1):  The Third Prize includes:

• $2,000 cash (awarded as a check).

Approximate Retail Value of Third Prize: $2,000

Specifics of all prizes will be determined by Sponsors in their sole discretion.  Sponsors reserve the right to substitute a similar prize (or prize element) of comparable or greater value, at their sole discretion.  All taxes and other expenses, costs, or fees associated with the acceptance and/or use of any prize not specified herein as being provided is the sole responsibility of winners.  Prizes cannot be transferred by winner or redeemed for cash and are valid only for the items detailed above, with no substitution of prize by a winner.  If any prize is unclaimed, it will be forfeited, and, at Sponsors’ discretion, an alternate winner may be selected from the remaining eligible Entries.  If a prize element is not available for any reason, the remaining elements of prize shall constitute full satisfaction of Sponsors’ prize obligation to winner, and no additional compensation will be awarded. 

OWNERSHIP/USE OF ENTRIES:  By submitting an Entry, each entrant agrees Sponsors shall own the Entry submitted (including all rights embodied therein, including but not limited to all intellectual property rights) and that Sponsors and their respective designees may exploit, edit, modify, and distribute the Entry and all elements of such Entry, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission or notification to entrant or any third party.   

• GENERAL:  Any and all legal actions or claims arising in connection with this Contest must be brought in a court of competent jurisdiction within the United States. Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, and in no event will entrant be permitted to receive attorneys' fees or other legal costs; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased.  Florida law, without reference to Florida’s choice of law rules, governs the Contest and all aspects related thereto.
• By participating in this Contest, each entrant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of Sponsors and Judges and warrants that she/he is eligible to participate in this Contest.By participating in this Contest, entrant agrees to hold Sponsors, O2 Media Services Group, Inc. and their respective parent companies, subsidiaries, affiliates, partners,  advertising and promotion agencies, and prize suppliers and all of their representative agents, successors, assigns, directors, employees, and officers (collectively, “Released Parties”) harmless from any and all liability, injury, loss or damage caused or claimed to be caused, in whole or in part, directly or indirectly, by participation in this Contest and/or acceptance or use of any prize (including any travel or activity related thereto).
• Released Parties are not responsible for: (a) late, lost, stolen, damaged, garbled, incomplete, misaddressed, delayed, inaccurate, postage due or misdirected Entries, e-mails or other communications; errors, omissions, interruptions, deletions, (b) defects or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, software, communications devices or transmission lines; data corruption, theft, destruction, unauthorized access to or alteration of entry materials; loss or otherwise; or (c) electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind or insufficient space in entrant's e-mail account to receive e-mail messages.  Sponsors disclaim any liability for damage to any computer system resulting from participation in, or accessing or downloading information in connection with, this Contest and reserve the right, at their sole discretion, to modify, cancel, terminate or suspend this Contest for any reason whatsoever, including, but not limit to, if any virus, bug, technical failure, unauthorized human intervention or other cause outside of Sponsors’ control corrupts or affects the administration, security, fairness, integrity or proper conduct of this Contest.  In the event of any such cancellation, termination or suspension, a notice will be posted at the Contest Site and Sponsors reserve the right, at their sole discretion, to determine the winners from among all eligible, non-suspect Entries received as of the termination date using the judging procedure set forth above.  Sponsors reserve the right, at their sole discretion, to disqualify any entrant (and all of his/her Contest Entries) from this Contest or any other promotion conducted now or in the future by Sponsors or any of their respective affiliates if she/he tampers with the entry process or if her/his fraud or misconduct affects the integrity of this Contest or he/she is otherwise found in violation of these Official Rules.  Released Parties are not responsible for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of Entries,  the announcement of the prizes, the incorrect uploading of the Video or Photo, or in any Contest-related materials or the pre-emption or non-broadcast of the Show or The Balancing Act Television Show.  Without limiting the foregoing, Sponsors reserve the right to correct any such error.  Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest.  Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Contest or downloading materials from or use of the website.
•  

CAUTION.  ANY ATTEMPT BY ANY ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS.  SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

NAMES OF WINNERS:  To obtain the name of the winners (available after August 23, 2010), send a self-addressed, stamped envelope to:  The Balancing Act, LLC, 2001 West Sample Rd. Suite 101, Pompano Beach, FL 33064.  The names of the winners also will be available at www.thebalancingact.com after August 23, 2010 or when contest criteria and eligibility is verified and signed.  Requests must be received by September 15, 2010. Requests received after this date will not be honored.  Winners’ names will be sent after selection and verification of winner.

SPONSORS:   Chicken of the Sea International, PO Box 85568, San Diego, CA 92186 and The Balancing Act, LLC, 2001 West Sample Rd. Suite 101, Pompano Beach, FL 33064 .

© 2010 The Balancing Act, LLC.  All rights reserved.