Feeding the Families of Our Community for Over 130 Years!
NO PURCHASE NECESSARY TO ENTER OR WIN; VOID WHERE PROHIBITED. Participation in the Contest constitutes Entrants’ full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.
1. Eligibility. The Acme Fresh Market Buckeye’s Best Contest (the “Contest”) is open to (i) legal residents of Ohio who, at time of entry, are at least 18 years of age, and (ii) legally organized business entities which, at time of entry, are validly authorized to do business in Ohio and have business operations in Ohio. Associates of Acme Fresh Market are eligible to enter and win the Contest. To enter, an Entrant must be able to satisfy the Product Eligibility Requirements described below.
2. How to Enter. Entries will be accepted beginning 12:00:01 a.m. Eastern Standard Time (“EST”) on April 8, 2021, and ending at 4:59:59 p.m. EST on or about May 5, 2021 (the “Contest Period”). For any Entry, the “Entrant” shall be the person or entity on whose behalf the Entry is submitted.
The Entrant must complete the Online Entry Form at www.acmestores.com/Best and provide all information requested in that form.
Sponsor reserves the right to disqualify any Entry that it determines in its sole discretion to be materially incomplete, inaccurate, or ineligible. Sponsor reserves the right to extend or modify the entry deadline in its sole discretion.
3. Product Eligibility Requirements. Entrant may nominate certain food, beverage, or general merchandise products as defined below and in the Online Entry Form. Only Eligible Products may be nominated. An “Eligible Product” is a product that (i) is produced, manufactured, grown, or harvested substantially in Ohio; (ii) can be supplied by the Entrant for sale in Acme Fresh Market stores in North East Ohio; (iii) is suitable for human consumption or use and complies with all federal, state, or local laws and regulations applicable to products of its kind, including (without limitation) labeling requirements, health and safety requirements, consumer protection laws, and manufacturing license requirements; (iv) can be sold at retail without infringing, misappropriating, diluting, or otherwise violating, directly or indirectly, the patent, trade secret, copyright, trademark, right of publicity, or any other rights of any third party, and without violating any judicial or administrative order; (v) can be sold at retail without any license or permit other than those customarily held by Acme Fresh Market stores; and (vi) is otherwise suitable for sale in retail grocery stores.
4. Judging. A panel of judges will review all eligible Entries and select up to 10 finalists using such criteria as they find appropriate, including (without limitation) an assessment of each Eligible Product's attributes, customer appeal, value, uniqueness, market potential, and differentiation from products already available.
The up to 10 finalists will be interviewed by Acme Fresh Market judges and the Eligible Products will be assessed. The interviews will focus on such criteria as the judges may deem appropriate, including (without limitation) the qualities, marketability, and readiness for production of the Eligible Products; the Entrant's commercial preparedness and suitability as a potential retail supplier; and overall compliance with the Official Rules. Sponsor reserves the right in its sole discretion to schedule these interviews to be conducted remotely (including, without limitation, by telephone or video conference).
5. Winners and Prizes. One Grand Prize Winner will be awarded $5,000 to support the further development of their business, and the opportunity to pitch their products to Acme Fresh Market for potential sale in Acme Fresh Market stores. Up to two First Place Winners will be awarded $2,500 to support the further development of their business, and the opportunity to pitch their products to Acme Fresh Market for potential sale in Acme Fresh Market stores. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN OR IN ANY PROMOTIONAL MATERIALS RELATED TO THE CONTEST, SPONSOR MAKES NO GUARANTEE, EXPRESS OR IMPLIED, THAT THE ANY PRIZE WINNER'S PRODUCTS WILL BE SOLD IN ACME FRESH MARKET STORES, OR THAT ANY SPECIFIC COMMERCIAL TERMS, OR TERMS OF ANY SPECIFIC NATURE OR QUALITY, WILL BE OFFERED TO THE PRIZE WINNERS OR TO ANY ENTRANT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN OR IN ANY PROMOTIONAL MATERIALS RELATED TO THE CONTEST, SPONSOR IN ITS SOLE DISCRETION MAY OFFER THE OPPORTUNITY TO PITCH PRODUCTS TO ENTRANTS OTHER THAN THE GRAND PRIZE OR FIRST PLACE WINNERS.
Any costs of Entry or of prize receipt, including all applicable taxes (not limited to federal, state, local and/or income) and fees, and any expenses not otherwise described in these Official Rules are the sole responsibility of the Entrants or winners, respectively. Winners will be required to provide their Social Security number or tax ID for tax reporting purposes, and consent to Sponsor filing an IRS Form 1099 or similar document with the Internal Revenue Service or other applicable tax authorities for the fair market value of a prize awarded and accepted or other applicable standards. By accepting prizes, winners consent to reporting of prize values to tax authorities as prize income. Prizes (or any portion of prizes) are non transferable, non substitutable, and may not be redeemed for cash.
Decisions of Acme Fresh Market and the judges in all matters relating to the Contest are final and binding. Prizes are awarded based on judging method described herein, not by chance, but subject to the judging method, the odds of winning a prize depend on the number of eligible entries received.
6. Notifications. Entrants that are selected as Finalists will be notified by email, phone, or mail (as selected at Sponsor's discretion) directed to the contact information provided in the Entry. Notices of advancement will be given on or about May 31, 2021. Entrants may be required to execute and return a Release of Liability and Publicity and Affidavit of Eligibility.
If any notification to an Entrant is returned as undeliverable, if Sponsor is unable to confirm contact with an Entrant after the number of attempts deemed reasonable by the Sponsor in its sole discretion, or if Entrant is unable to attend the interviews, the Entrant may be disqualified. Sponsor reserves the right to extend or modify this schedule in its sole discretion.
7. Entrant Representations and Warranties. By entering, each Entrant agrees, represents, and warrants that (i) Entrant owns or has a valid license to use all intellectual property rights in and to the nominated Eligible Products, including (without limitation) any patent rights, trade secret rights, copyrights, and trademark rights in and to the products, any rights of publicity exploited in the products or packaging, their labels, and their manufacturing processes; (ii) neither submission of the Entry nor the sale of Entrant's Eligible Products in Acme Fresh Market stores would infringe, misappropriate, dilute, or otherwise violate the rights of any other person or entity, including (without limitation) the intellectual property rights of any other person or entity; and (iii) the Entrant is, or can readily become, capable of producing its nominated Eligible Products in sufficient quantities to supply stores, or some stores, operated by Acme Fresh Market. Sponsor relies on these agreements, representations, and warranties in considering each Entry.
8. RELEASE AND INDEMNIFICATION BY ENTRANT. By entering, Entrant agrees to RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS Sponsor; its parent companies, subsidiaries, and affiliates; their respective officers, directors, employees, agents, advertising and promotional agencies (together, the “Releasees”), from and against: any and all suits, claims, demands, liability, loss, damage, harm, injury, cost or expense (including reasonable attorney's fees) (together, a “Loss”), whether made in contract, tort, negligence, strict liability, or otherwise, which may occur arising out of or relating to Entrant's participation in the Contest; the preparation of any Entry (including any allegation that an Entry violates the intellectual property rights or other rights of a third party); the use by any Releasee of the Entry or any matter comprising the Entry; or Entrant's acceptance, possession, or use/misuse of any prize. THIS RELEASE, INDEMNITY, AND OBLIGATION TO DEFEND SHALL APPLY EVEN IF THE INDEMNIFIED LOSS IS PARTLY ATTRIBUTABLE TO THE NEGLIGENCE OF A RELEASEE.
9. License and Release of Intellectual Property Rights and Business/Product Concept Claims. By entering, Entrant acknowledges and agrees that Releasees may publish the Entrant's Entry without further compensation or consent, licenses (non-exclusively) the Releasees to do so, and agrees to confirm this grant and license in writing upon request. Entrant agrees that this grant and license is perpetual, worldwide, assignable, divisible, and applicable as to any published or publishable form or media (including without limitation still, motion, print, radio, television, or film or Internet or other digital medium), without any condition precedent such as prior approval of published materials. Entrant further agrees that that the Releasees or their assigns may (now, previously, or in the future), manufacture, design, purchase, sell, or offer for sale products that are similar to, identical to, or based on matter comprising an Entry without any compensation or any obligation to the Entrant, and may produce and distribute any derivative works based on matter comprising an Entry without any compensation or any obligation to the Entrant. By entering, Entrant releases the Releasees from any claim, cause of action, remedy, damages, or compensation arising out of any manufacture, design, purchase, display, copy, offer for sale, or sale of products that are similar or identical to the Entrant's nominated products, or that contain characteristics, features, descriptions, or labeling similar or identical to the Entrant's nominated products, regardless of whether those products are manufactured, designed, bought, or sold by a Releasee or by a third party. Entrant further agrees that the Entry is submitted voluntarily; without any intention, request, or obligation that the Releasees maintain the Entry or any information disclosed in connection with the Entry secret or confidential; without any intention to establish a relationship of a trust, confidential, special, or fiduciary nature; and without any expectation that the use of the Entry, products identical to or similar to the Entry, or ideas embodied in the Entry would entitle the Entrant to compensation or damages.
10. Publicity. By entering, Entrants agree that they will not conduct or participate in publicity (including media appearances, public appearances, press releases, commercial promotions, or social media usage) relating to the Contest or utilize the marks and intellectual property of Sponsor except upon receiving written consent from Sponsor and in accordance with those policies and guidelines established by Sponsor and provided to the Entrant. Entrants grant an irrevocable license and permission to Sponsor to use Entrants' names, likenesses, and biographical information (or, if the Entrant is an entity, such information as to both the entity and its principals) for promotional or advertising purposes in all media worldwide, without notice or further compensation.
11. Other Conditions. Sponsor is not responsible for: (i) electronic or digital entries or notifications that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected, filtered, or captured; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation of transmission, communication failures, destruction or unauthorized access to, or alteration of, entries; (iii) failed or unavailable hardware, network, software or telephone transmissions, damage to entrants' or any person's computer and/or its contents, or causes beyond Sponsor's reasonable control that disrupt the administration, security, fairness, integrity or proper conduct of the Contest; (iv) any entries submitted in a manner that is not expressly allowed under these rules; (v) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Contest; (vi) any typographical or other error in the printing or advertising of the offer, administration or execution of the Contest, or in the announcement of prizes/prize winners; or (vii) malfunctions or interference resulting from illicit, malicious or injurious code (including but not limited to viruses, worms, and denial of service attacks). If for any reason the Contest cannot be executed as planned, including but not limited to transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, force majeure (including natural disasters, acts of God, acts of war, epidemics or pandemics, or any manner of civil disorder) or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity, promotional purposes, or proper conduct of the Contest, or if the Contest is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right to cancel, modify or terminate the Contest and reserves the right, but not the obligation, to select winners from among all non-suspect entries received as of the date/time of such termination/cancellation or modification or to award substitute prizes in quantities and values that differ from those set forth above. Sponsor reserves the right, at its sole discretion, to disqualify any Entrant who (i) tampers with or attempts to tamper with the entry process; (ii) misstates or fails to complete any information required in the Online Entry Form; (iii) makes any material misrepresentation or omission to Sponsor in the course of participating in the Contest; (iv) violates any of the Official Rules or any written agreement with the Sponsor; or (v) becomes ineligible during the course of the Contest. Sponsor reserves the right to seek prosecution of, and damages from, any person who deliberately damages any website or otherwise corrupt or undermine the legitimate operation of the Contest to the fullest extent permitted by law.
12. Disputes. By entering, each Entrant agrees that (i) the Contest will be governed by the laws of the State of Ohio without regard to the conflict of laws principles thereof; and (ii) the exclusive venue/forum for any and all disputes related to or arising out of the Contest shall be state or federal courts situated in Summit County, Ohio. Entrant further agrees that in no event will any Releasee be liable for any special, consequential, punitive, or exemplary damages in any such dispute. To the extent that any portion of these Official Rules may be deemed by a court of competent jurisdiction to be unenforceable, that provision shall be severed and the remainder shall be given effect in a manner consistent with the intent of the Official Rules.
13. Winner's List. For the names of the winners and/or a copy of the Official Rules, visit www.acmestores.com/BuckeyesBest.
14. Sponsor. The Contest is sponsored by Acme Fresh Market, 2700 Gilcrhrist Road, Akron, Ohio 44309.