For each recipe entry submitted consistent with the following rules, and each recipe shared through this website, ACH Food Company, Inc. ("ACH") will donate $0.10 to Susan G. Komen for the Cure ("Komen"). In addition, for each registration of a qualifying product, ACH will donate $0.25 to Komen. This program is part of the multi-faceted "Bake for the Cure" program through which ACH Food Company, Inc., will donate a minimum of $250,000 up to a maximum of $350,000 to Komen. In the event the $350,000 maximum donation limit is met prior to the end date of this program, ACH will post notice on the Bake for the Cure website.
A. Recipe Submission Specific Terms
1. Where to Send Recipes: Recipe submissions may be submitted on the Bake for the Cure Website at www.bakeforthecure.com (the "Website"), or mailed to BFTC Recipe Exchange 2301 S.E. Tones Dr, Ankeny IA 50021.
2. Submission Rules: All submissions must be consistent with the following rules:
i. Submissions must be entered on the Website, or mailed in, on or before 11:59:59 p.m. Eastern Time on October 31, 2008.
ii. Limit one recipe per submission. You may make a maximum of 350 individual recipe submissions.
iii. Website submissions must include all information requested.
iv. Entries sent by mail, the submissions must be typed or legibly written on 8 1/2 x 11 paper(s) with name, age, address, daytime and evening telephone numbers in the upper right hand corner.
v. Submissions must include the recipe, along with the listing of ingredients and amounts in exact U.S. measurements and in order of use, step-by-step preparation and cooking instructions, and any other pertinent information (collectively your "Recipes submission").
vi. Your Recipe submission must be stated and provided in your own words and must not reference other people, contain any material that would infringe upon third party rights if used in advertising, contain trademarked or copyrighted information, or any obscene, defamatory, offensive or inappropriate information.
3. Use of Recipe: Your Recipe submission becomes property of ACH and will not be returned. In making your Recipe submission, you give ACH permission to:
i. use any information or materials you provide, including, but not limited to, your name, hometown, likeness, recipe, tips, entry, statements and other information for advertising and publicity purposes worldwide, without limitation or additional compensation, except where prohibited;
ii. publish, use, adapt, edit or modify your Recipe submission in any way, and in any and all media worldwide, without limitation or additional compensation.
4. Assignment: Your Recipe submission constitutes your irrevocable assignment and transfer, without additional consideration, to ACH of all right, title and interest in all information included in the Recipe submission, including, but not limited to, all copyrights, trademarks or other property rights.
5. Your Representations: By entering you warrant and represent that you have obtained all permission necessary for ACH to publish or use the information in your Recipe submission in any media worldwide, including, but not limited to, permission from any holder of copyrights, trademarks or other rights in the recipe and information included in your submission.
B. General Terms & Conditions
1. Terms of Use & Privacy Policy. By participating in any aspect of this program, you agree to the Terms of Use and Privacy Policy set forth on the Website.
2. No Tax Benefits. You agree that the actual donations under this program are made by ACH to Komen and generally will not afford you a tax deduction benefit (consult your accountant if you have questions).
3. Limitation of Liability. You release ACH and its officers, directors, employees and agents from all liability, damages or claims for any injury, damage or loss sustained in connection with this program and your Recipe submission. ACH is not responsible for, and shall have no liability with respect to any problems or technical malfunctions of the Website or any computer on-line systems, servers or providers, interrupted or unavailable network, server or other connections, miscommunications, computer or software malfunctions, telephone transmission problems or technical failures, computer equipment, software, failure of e-mail on account of technical problems or traffic congestion on the Internet or at any other website or combination thereof, or other errors or malfunctions of any kind whether human, mechanical, electronic or otherwise.
4. Indemnification. You agree to defend, indemnify and hold harmless ACH, and its affiliates, officers, directors, employees, successors, agents, distribution partners from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) arising out of or in any way connected with: (i) your participation in this program; (ii) any Recipe or other information you submit to ACH; (iii) any actual or alleged violation or breach by you of these terms or any ACH policies; (iv) any breach of any representation or warranty you've made; (v) your violation of any intellectual property right including, without limitation, any copyright, trademark, patent, trade secret, moral right, or other proprietary right; (v) any allegation that information you submit was obscene, defamatory, libelous, slanderous, fraudulent or threatening; (vi) your violation of a third party's right of privacy or publicity; (vii) any claim that the information you submitted caused damage to a third party.
5. DISCLAIMER OF WARRANTY. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND PARTICIPATION IN THIS PROGRAM IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, ACH AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS DISCLAIM ANY AND ALL WARRANTIES INCLUDING: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (2) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; AND (3) ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH, OR ADVERTISED ON, THE WEBSITE OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE.