Competition Rules

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RECIPE TO RICHES
(the “Program”)

COMPETITION RULES – 2013

(THE “COMPETITION RULES”)

THE FOLLOWING COMPETITION RULES CONTAIN CERTAIN CAPITALIZED TERMS WHICH ARE DEFINED THROUGHOUT THE COMPETITION RULES OR UNDER SECTION 9 DEFINITIONS BELOW.

The procedures for submitting a recipe and participating in the Competition are set out in these Competition Rules. By submitting an Online Entry and/or attending an Open Call you are participating in the Competition and such act constitutes your agreement to be bound by these Competition Rules.

1. Eligibility

1.1 The Competition is open to legal residents of Canada who have reached the Age of Majority in their province or territory of residence as of the date the individual has submitted his or her Online Entry, or the date on which he or she attends an Open Call, or the earlier of both dates, if the individual submits an Online Entry and attends an Open Call.

1.2 The following Applicants are not eligible to participate in the Competition: Applicants who are employees, agents, representatives, officers or directors of the following entities, those who reside with such individuals (whether related or not) or who are members of the immediate family (defined as parents, children, siblings or spouses, regardless of where they live) of such individuals,: the Producer; Temple Street Productions Inc.,  the Canadian Broadcasting Corporation (“ CBC ”); the Host; the Judges; Loblaws Inc. (“ Loblaws ”); any person or entity connected with the production, administration of the Competition or the Program, affiliates, subsidiaries, franchisees, agents or representatives of any of the foregoing entities including, in the case of Loblaws , operations conducted under its various banner names including but not limited to : Loblaws, Extra Foods, Real Canadian Liquorstore, No Frills, Real Canadian Superstore, T&T Supermarket, Real Canadian Wholesale Club, Loblaw Great Food, Loblaws Great Food Your Independent Grocer, Zehrs Markets, Zehrs Great Food, valu-mart, Provigo, Maxi, Maxi & Cie, Club Entrepôt, Les Entrepôt Presto, SaveEasy, Atlantic SuperValu, Atlantic Superstore, Atlantic Cash & Carry, Axep, Bloor Street Market, Freshmart, Fortinos, L'inter Marché, Lucky Dollar, Shop Easy, SuperValu West, NG Cash & Carry  and Wholesale Club  (collectively, the “ Competition Entities ”).

1.3 This is an amateur competition. Applicant must not work or have worked in a professional capacity in the food or recipe preparation industry, including, but not limited to, as a chef, cook, baker, caterer, food stylist, recipe book author for commercial distribution, or any other similar role in the professional preparation of food or recipes. Culinary students are eligible provided they have not yet been paid for working in a professional capacity in the food industry. Producer has the sole discretion to determine whether Applicant is a professional for the purposes of this Competition, and may, in exercising that discretion, consider Applicant's past history and work experience.

1.4 Applicant must not have entered into any contractual, commercial, sponsorship or other arrangement in respect of his/her name, likeness, image or biography that might prevent him/her from participating in the Competition and/or the Program, or the broadcast and promotion thereof. Producer reserves the right, in its sole discretion, to determine compliance with any or all of the foregoing requirements.

1.5 Applicants cannot have a criminal record or pending criminal charges. Prior to choosing the Participants, Producer intends to undertake background checks, including criminal background checks and may disqualify any person found to be in violation of this requirement at any time including during the Competition.

1.6 The Program will be aired on an English-language network in English and Participants will be asked to speak in front of the camera.

2. Recipe

2.1 If Applicant considers their Recipe a trade secret or otherwise wishes to keep their Recipe or any ingredient, element or idea therein confidential they should not participate in this Competition or submit a Recipe, either through an Online Entry or by attending an Open Call. By submitting a Recipe in connection with the Competition, Applicants acknowledge and agree that such submission constitutes public disclosure of the Recipe. There is no obligation of confidentiality or fiduciary duty to any Applicant by any Competition Entity in respect of the Recipe submitted by an Applicant. A third party, including, without limitation, any Competition Entity may reproduce, display, publish, exhibit, develop, manufacture, market, sell or distribute a recipe or product which is similar or identical to Applicant’s Recipe or any elements or ideas contained therein throughout the world in perpetuity. Applicant understands and agrees that such third party and Competition Entity has an independent legal right to do so.

2.2 By submitting a Recipe in connection with the Competition, each Applicant represents and warrants that his/her Recipe:

(a) complies with these Competition Rules;

(b) is his/her creation and that Applicant (a) is the sole and exclusive owner of all right, title and interest (including any copyright) in and to the Recipe, and (b) has the right and authority to grant the rights in and to the Recipe as contemplated hereunder;

(c) is not the subject of any trademark, patent or copyright or the subject of any actual or threatened litigation or claim;

(d) does not violate or infringe upon the rights of any third party including, without limitation, intellectual property rights, and use of the Recipe as contemplated herein will not give rise to any claims of infringement;

(e)  has never been professionally published (e.g., in cookbooks or magazines or their online equivalents), commercially exploited, or competed in or won any other television competition, national contest, or professional award. The Producer may, in its sole discretion, permit a Recipe that has been commercially exploited on a small scale, provided the Applicant discloses the nature and extent of the commercial exploitation at the time such Applicant submits his/her Recipe;

(f) does not include any references to commercial content (including, without limitation brand names, trade names, trademarks, service marks or logos of any third parties) or otherwise promote any brand, product or service; and

(g) does not contain any ingredient(s) that may not be legally purchased within Canada.

2.3 By submitting a Recipe in connection with the Competition, Applicant (i) irrevocably grants to Producer permission to copy, reproduce, display, broadcast, publish, distribute, edit, adapt, modify and otherwise use, worldwide in perpetuity, all or any part of the Recipe in any form of media, including, without limitation, television and the Internet, in connection with the Program, including, without limitation, any advertising, promotion or publicity of the Program, and (ii) waives any and all moral rights in and to the Recipe, in either case without notice or compensation (collectively, the “Rights”). The Producer reserves the right to sublicense the Rights to any third party, including any of the Competition Entities.

2.4 Applicant will not receive any compensation or credit for the use of his/her Recipe or his/her participation in the Program or other activities related thereto, as specified further herein, other than the awarding of the prizes as disclosed in paragraph 7.3, 7.4 and 7.5 of these Competition Rules.

2.5 Applicants may only submit one (1) Recipe to be considered in the Competition (whether such submission is made through an Online Entry, Open Call or both).

3. To Enter the Competition

3.1 In order to enter the Competition, an Applicant must submit an Online Entry on the Competition website www.cbc.ca/recipetoriches  (the “ Website ”) per Section 5 of these Competition Rules, or (ii) attend an Open Call per Section 4 of these Competition Rules. 

4. Open Call(s)

4.1 In order to enter the Competition by attending an Open Call, Applicants must attend an Open Call at their own cost with a completed Submission Package (as defined below) and a prepared, ready-to-serve sample of the Recipe (“ Recipe Submission ”) (Producer will provide heating/warming tools, if needed). Applicants must appear in person and no other individual can submit a Recipe on another individual’s behalf.

4.2 The Open Calls will take place on the dates/times and at the locations listed on the Website. The last Open Call is currently scheduled to take place on or about July 13, 2013.

4.3 Applicants may only make a Recipe Submission at one (1) Open Call unless selected by Producer to attend more than one (1) Open Call, in Producer’s sole discretion.

4.4 Each Open Call is scheduled for a specific amount of time. Applicants may not get the opportunity to present their Recipe Submission to the Producer or the Producer’s Designated Representatives for tasting, and Producer is in no way liable for this lost opportunity. If an Applicant does not get the opportunity to have the Producer or the Producer’s Designated Representatives taste his/her Recipe Submission at an Open Call, he/she may attempt to make a Recipe Submission at a subsequent Open Call, if any are scheduled or by submitting an Online Entry in accordance with Section 5 of these Competition Rules.

4.5 Producer and/or Producer’s Designated Representatives will review each Recipe and determine in their sole discretion which individuals who attend the Open Call will be selected to present and serve their Recipe Submission to Producer and/or Producer’s Designated Representatives. Applicants must adhere to the food safety practices as outlined on the Application Form and on the Website.

4.6 No Applicant will be able to make a Recipe Submission at an Open Call without submitting the following items to Producer prior to or at the time of the Recipe Submission (the “ Submission Package ”):

(a)  a  fully- completed, official, unmodified and clearly written Application Form (Application Forms are available for download on the Website and/or at the Open Call);

(b) a signed unmodified Applicant Release Form (Applicant Release Forms are available for download on the Website and/or at the Open Call);

(c)  valid proof of age and photo identification (such as a driver's license, passport and/or other government issued ID);  and

(d)  a written copy of the individual’s original Recipe. The Recipe must include: a complete list of ingredients, using exact imperial measurements, the number of servings, time required to prepare and preparation instructions. By submitting a Recipe, Applicants agree that the Recipe Submission served to the Producer and/or Producer’s Designated Representatives contains only those ingredients listed in the written copy of the Recipe contained in the Submission Package in the exact amounts specified therein and is prepared as described in the preparation instructions. The written copy of the Recipe should contain generic descriptions of ingredients only and should not contain brand name ingredients (e.g., “sugar” but not “Redpath sugar”).

4.7 WE ENCOURAGE INDIVIDUALS TO PRE-REGISTER ON THE WEBSITE PRIOR TO ATTENDANCE AT AN OPEN CALL. Applicants who pre-register will receive the benefit of an expedited registration process.  Pre-registration does not guarantee that the Producer or the Producer’s Designated Representatives will taste the Applicant’s Recipe Submission. In order to pre-register, individuals must submit or upload the following materials online by following the instructions found on the Website:

(a)  a fully-completed, official, unmodified and clearly written Application Form;

(b)  a written copy of the individual’s original Recipe, which must comply with the requirements set forth in Section d   of these Competition Rules;

(c)  provide a link to a video (the “ Video ”) featuring the Applicant describing the story of their Recipe. The Video must include a visual depiction of the prepared Recipe. If you are planning on attending an Open Call, the Video is  optional , but encouraged. The Video must  not :

(i)  be  longer than three (3) minutes  and must adhere to the format specifications listed on the Website;

(ii) include any individuals other than the Applicant, or the name and/or likeness of any public personality, whether living or not;

(iii) contain any material that is obscene, offensive, libellous, pornographic, threatening or abusive, content that is otherwise objectionable or would be deemed inappropriate, unsuitable or offensive, all as determined by Producer in its sole discretion;

(iv) include any music (whether or not in the public domain) or any clips or footage from other programs or films; or

(v) include any visual or verbal references to commercial content, including, without limitation brand names, trade names, trademarks, service marks or logos of any third parties, except for verbal references to trademarks of any of the Competition Entities, or otherwise promote any brand, product or service (please avoid wearing clothing with logos, or including shots of posters or other artwork in the background).

(d) By submitting a Video each Applicant represents and warrants that his/her Video:

(i) will not violate or infringe upon the rights of any third party including, without limitation, copyright, trademark, and rights of privacy and publicity, and use of the Video as contemplated herein will not give rise to any claims of infringement; and

(ii) is his/her original creation and that Applicant (a) is the sole and exclusive owner of all right, title and interest (including copyright) in and to the Video, and (b) has the sole right and authority to grant the rights in and to the Video as contemplated hereunder.

(e) By submitting a Video in connection with the Competition, Applicant (i) grants to Producer the unlimited right and permission to copy, reproduce, display, broadcast, publish, distribute, edit, adapt, modify and otherwise use, worldwide in perpetuity, all or any part of the Video, including still photos taken therefrom, in any form of media, including, without limitation, television and the Internet, in connection with the Program, including, without limitation, any advertising, promotion or publicity of the Program, and (ii) waives any and all moral rights in and to the Video, in either case without notice or compensation.

ALL APPLICANTS WHO PRE-REGISTER MUST ALSO BRING A FULLY COMPLETED SUBMISSION PACKAGE TO THE OPEN CALL INCLUDING A HARD COPY OF THE APPLICANT RELEASE SIGNED BY THE APPLICANT (I.E. NOT A PHOTOCOPY OR SCAN).

4.8 Physical materials in the Submission Package will not be returned and will become the property of the Producer.

4.9 The Open Calls may be filmed for broadcast. If an Applicant attends an Open Call that is not being filmed for broadcast, he/she may be selected by Producer to attend a subsequent Open Call, as determined in Producer’s sole discretion, which Open Call is being  filmed for broadcast. Travel and accommodation (if required, and as decided by Producer at its discretion) arrangements for each eligible Applicant selected to attend a subsequent Open Call will be organized and paid for by Producer. The travel and accommodations have no monetary value or credit and being selected to attend a subsequent Open Call will have no impact on whether such Applicant is selected as a Participant in the Program.

4.10 Applicants who attend an Open Call may be interviewed by the Producer and/or Producer’s Designated Representatives. Any photographs, interviews or audio visual materials, including any copyright thereto, taken at the Open Calls will be the exclusive property of Producer and may be used by Producer in any format or media, including, without limitation, use in the Program.

4.11 Applicant must be prepared to discuss the history/development of the Recipe, discuss the Recipe ingredients and preparation techniques if requested by the Producer and/or Producer’s Designated Representatives .

4.12 No weapons, alcohol or non-prescription controlled substances will be permitted at any Open Call or during any part of the Competition.

4.13 Applicants should not wear any clothing items, or bring any cookware or other items bearing visible brand names or logos or bearing the name or likeness of any celebrity, living or dead, to any Open Call or during any part of the Competition.

4.14 Except as indicated for (i) Online Entry Invitees, or (ii) Applicants selected by Producer from a non-filmed Open Call to attend a subsequent filmed Open Call, all Applicants are responsible for their own travel and accommodation expenses in attending the Open Calls.

5. Online Entry

5.1 In order to enter the Competition by Online Entry , individuals must submit or upload the following materials online by following the instructions found on the Website:

(a)  a fully-completed official,  unmodified and  clearly written Application Form;

(b) a signed Applicant Release Form;

(c) valid proof of age and photo identification (such as a driver's license, passport and/or other government issued ID).

(d)  a written copy of the individual’s original Recipe, which must comply with the  requirements set forth in Section d of these Competition Rules;

(e)  provide a link to a Video describing the story of their Recipe. The Video  must  comply with the requirements set forth in Section 4.7(c) of these Competition Rules.

By submitting a Video each Applicant represents and warrants that his/her Video:

(i) will not violate or infringe upon the rights of any third party including, without limitation, copyright, trademark, and rights of privacy and publicity, and use of the Video as contemplated herein will not give rise to any claims of infringement; and

(ii) is his/her original creation and that Applicant (a) is the sole and exclusive owner of all right, title and interest (including copyright) in and to the Video, and (b) has the sole right and authority to grant the rights in and to the Video as contemplated hereunder.

By submitting a Video in connection with the Competition, Applicant (i) grants to Producer the unlimited right and permission to copy, reproduce, display, broadcast, publish, distribute, edit, adapt, modify and otherwise use, worldwide in perpetuity, all or any part of the Video, including still photos taken therefrom, in any form of media, including, without limitation, television and the Internet, in connection with the Program, including, without limitation, any advertising, promotion or publicity of the Program, and (ii) waives any and all moral rights in and to the Video, in either case without notice or compensation.

5.2 Applicants who submit an Online Entry  may be interviewed by the Producer and/or Producer’s Designated Representatives which interviews may be recorded (whether audio or audio and visual). Any such recordings, whether audio or audio-visual, including any copyright thereto, shall be the exclusive property of Producer and may be used by Producer in any format or media, including, without limitation, in the Program or the advertising or promotion thereof.

5.3 Applicant must be prepared to discuss the history/development of the Recipe, discuss the Recipe ingredients and preparation techniques if requested by the Producer and/or Producer’s Designated Representatives .

5.4 THE DEADLINE TO SUBMIT AN ONLINE ENTRY IS JULY 10, 2013 AT 11:59 PM EST.

5.5 Applicants may only submit one (1) Online Entry.

5.6 Only Online Entries that comply with these Competition Rules and which are received by the deadline will be reviewed and considered by Producer.  Producer and/or Producer’s Designated Representatives will evaluate the eligible Online Entries using the same criteria indicated in paragraph 6.1 below (other than b) to evaluate Applicants at an Open Call. The Producer and/or Producer’s Designated Representatives  will select between zero (0) and forty (40) Applicants, the number to be determined in Producer discretion, as potential Online Entry Invitees  (the “ Online Entry Invitees ”). The Producer reserves the right, in its sole discretion, to select a greater number of Online Entry Invitees for any reason. Producer will notify the potential Online Entry Invitees by phone or email to the phone number or email address provided by the Applicant in the Applicant’s Application Form (please check your spam filters) no later than 11:59 p.m. (EST) on July 11, 2013. Producer has no obligation to notify or contact Applicants who are not chosen as Online Entry Invitees. The Producer is not liable for any loss of opportunity as a result of Producer not being able to contact a potential Online Entry Invitee by phone or email. Before being declared an Online Entry Invitee each potential Online Entry Invitee will be required to send in a copy of an unmodified Applicant’s Release Form  via fax or email with the original to follow by mail at the address as instructed by Producer. Each eligible Online Entry Invitee will be invited to attend an Open Call in Toronto, ON or Vancouver, B.C. in Producer’s sole discretion. Travel and accommodation (if required, and as decided by Producer at its discretion) arrangements for each eligible Online Entry Invitee will be organized and paid for by Producer. The travel and accommodations have no monetary value or credit. Success of an Applicant being selected as an Online Entry Invitee will depend on the number and quality of Online Entries received and on the skill of the Applicant as assessed by the Producer.

5.7 In order to be considered as a Participant, an Online Entry Invitee must attend the Open Call in Toronto or Vancouver, as determined by Producer, with his/her Recipe Submission (Producer will provide heating/warming tools, if needed). Online Entry Invitees must appear in person and no other individual can submit a Recipe on an Online Entry Invitee’s behalf. Subject to production exigencies, all Online Entry Invitees will be given the opportunity to present and serve their Recipe Submission to Producer and/or Producer’s Designated Representatives. Online Entry Invitees must adhere to the food safety practices as outlined on the Application Form and on the Website.

5.8 Online Entry Invitees must submit all elements of the Submission Package, including the Recipe Submission, at the Open Call (even if copies of such documents were previously provided in connection with the Online Entry).

6. Selection of Participants

6.1 Applicants and their Recipes will be judged by Producer and/or Producer’s Designated Representatives. Applicants will be chosen based upon their charisma and personality, and their Recipe Submission, which will be judged using the criteria identified below:

(a) Presentation;

(b) Taste;

(c) Uniqueness;

(d)  History /development of the Recipe; and

(e) Suitability of Recipe to be a mass produced grocery store item.

6.2 Producer and/or Producer’s Designated Representatives will select fifteen (15) Applicants who will be grouped into five (5) different food categories which categories shall be determined by Producer in its sole discretion (each, a “Category”). Success of an Applicant being selected as eligible to be a Participant will depend on the number and quality of Recipe Submissions received, and the skill of the Applicants as assessed by the  Producer and/or Producer’s Designated Representatives against the criteria listed above.

6.3 No later than 11:59 pm (EST), July 26, 2013, Producer will contact each selected Applicant by phone, at the telephone number provided on the Application Form, to notify them that they have been selected as eligible to be a Participant in the Program. Producer has no obligation to notify or contact unsuccessful Applicants. The Producer is not liable for any loss of opportunity as a result of Producer not being able to contact an Applicant by phone or email.

NOTE: All of the above mentioned dates or any other dates mentioned herein or on the Website may be modified by the Producer in its sole discretion if required as a result of production exigencies or otherwise and Producer may publish such new dates on the Website.

6.4 If at any time an Applicant cannot be contacted by phone or email, the Applicant or the Recipe does not meet the eligibility requirements, the Applicant’s Submission Package is not complete, or the Applicant otherwise fails to comply with these Competition Rules,  such Applicant will not be eligible to be a Participant and the Producer may select another Applicant, using the same criteria outlined above and invite him/her to be a Participant.

6.5 The invitation to be a Participant is non-transferable, non-exchangeable and has no cash value.

6.6 Before being declared a Participant, the selected Applicant will be required to, among other things:

(a)  read, approve and sign a release form provided by Producer (the “Participant’s Release Form”) which will include, without limitation, a grant of rights to use the Recipe  and his/her name, image and likeness  to the Producer (Temple Taste III Productions Limited) that shall be licensed to CBC and  its  licensees, assignees, parent, affiliated and subsidiary companies, and authorized representatives and certain restrictions, obligations, and limitations on Participant’s use  of  the Recipe.

In addition to the above, the Participant  s Release Form will include, without limitation, the following grant of rights to the Producer (Temple Taste III Productions Limited) which may be licensed to Loblaws and its licensees, assignees, parent, affiliated and subsidiary companies, and authorized representatives, and certain restrictions, obligations, and limitations on Participant  s   ability to use the Recipe, other recipes owned by the Participant, and his/her name, image, personality and likeness:

  1.  in consideration for the opportunity to appear as a Participant on the Program and compete in the Competition, in addition to any rights the Producer or Competition Entities may have, Participant agrees to: (i) irrevocably grant, on behalf of himself/herself and his/her heirs, executors, administrators, successors and assigns, to Producer a perpetual, worldwide, irrevocable, transferable, sublicensable license in and to the Recipe, including, without limitation, all copyright therein, and the right to perform, market, sell, distribute, produce, reproduce, store, copy, transmit, transfer, exhibit, publish, post, edit, adapt, create derivative works from, and or otherwise use without limitation the Recipe in any and all media throughout the universe, whether now known or existing in the future, in whole or in part, whether in association with his/her name, image or likeness or otherwise; and (ii) waive any and all moral rights in and to the Recipe in favour of the Producer, Loblaws and their respective licensees, assignees, parent, affiliated and subsidiary companies, and authorized representatives. The grant of rights set out in (i) above shall be exclusive to Producer for a period of eighteen (18) months following the first broadcast of the final episode of the Program and non-exclusive thereafter. For greater certainty during such eighteen (18) month exclusive period, Participant agrees not to license, assign or grant any right, title or interest in the Recipe or a modified version to a Loblaws Competitor (as defined by Producer in its sole discretion, such definition to be set out in the Participant Release Form) whether in association with his/her name, image or likeness or otherwise. Participant also agrees to restrictions on his/her ability to appear on television and other entertainment media and to restrictions on his/her right to sell, license and/or grant rights to any other recipes within the same Category to a Loblaws Competitor (as defined by Producer in its sole discretion, such definition to be set out in the Participant Release Form), or to grant the use of his/her name, image or likeness to a Loblaws Competitor or to act as a spokesperson or other public representative for a Loblaws Competitor prior to, during, and for eighteen (18) months following the first broadcast of the final episode of the Program. Participant acknowledges and agrees that the license described above includes, but is not limited to, the right of Producer (but not the obligation) at Producer’s sole and absolute discretion, to sublicense such rights to Loblaws and that Loblaws may use the Recipe, or a modified, edited or translated version thereof, in whole or in part, for any commercial or non-commercial purpose, including, without limitation, merchandising and the publication of a cookbook or other book, without compensation, notice or approval. In addition, the Participant’s Recipe and Participant’s name, image and likeness may be published online by Producer,  its licensees   and  their successors and assigns and may be available to all audiences or users to be reproduced or used for their own use .  

  2.  in the event Participant is declared a Category Winner, in consideration for the prize money awarded to the Category Winner in the Competition, in addition to any rights the Producer or Competition Entities may have, Participant agrees to: (i) irrevocably assign and grant, on behalf of himself/herself and his/her heirs, executors, administrators, successors and assigns, to Producer, on an  exclusive,  worldwide, perpetual, irrevocable, transferable, and sublicensable basis, all right, title and interest in and to the Recipe, including, without limitation, all copyright, and the right to perform, develop, manufacture, market, sell, distribute, produce, reproduce, store, copy, transmit, transfer, exhibit, publish, post, edit, adapt, create derivative works from, trademark, copyright and or otherwise use without limitation, the Recipe and any product derived therefrom in any and all media throughout the universe, whether now known or existing in the future, in whole or in part, whether in association with his/her name, image or likeness or otherwise; and (ii) waive any and all moral rights in and to the Recipe in favour of  the Producer, Loblaws and their respective licensees, assignees, parent, affiliated and subsidiary companies, and authorized representatives . The assignment and grant of rights set forth above shall be exclusive to Producer, worldwide, in perpetuity save and except that the Category Winner shall be able to continue to use the Recipe in the ‘same manner’ and on the ‘same scale’ (as these concepts are further described in the Participant Release Form) as the Recipe was used prior to  Participant’s submission of the Recipe in the Competition , provided such use was made known to Producer by the Applicant prior to the Applicant being declared a Participant on the Program. Participant will also agree to restrictions on his/her ability to appear on television and other entertainment media, and to restrictions on his/her right to sell, license and/or grant rights to any other recipes within the same Category to a Loblaws Competitor, or to grant the use of their name, image or likeness to a Loblaws Competitor or to act as a spokesperson or other public representative for a Loblaws Competitor prior to, during, and for two (2) years after the first broadcast of the final episode of the Program. Participant will also agree to grant a right of first refusal in favour of Loblaws to license or use any other recipes for a period of two (2) years after the first broadcast of the final episode of the Program as more fully described in the Participant Release Form. Participants acknowledge and agree that the grant of rights described above includes, but is not limited to, the right of Producer (but not the obligation) at Producer’s sole and absolute discretion, to grant such rights to Loblaws and that Loblaws may use the Recipe, or a modified, edited or translated version thereof, in whole or in part, for any commercial or non-commercial purpose, including, without limitation, the right to produce a President’s Choice®* or other Loblaws branded product, and the right to market, advertise or sell such without any additional compensation, notice or approval.

  3.  in the event Participant is declared the Grand Prize Winner, in consideration for the grand prize money awarded to the Grand Prize Winner in the Competition, in addition to any rights the Producer or Competition Entities may have  (including those enumerated in paragraphs I and II above) , Participant agrees to further restrictions on his/her ability to appear on television and other entertainment media, and to restrictions on his/her right to sell, license and/or grant rights to any other recipes within the same Category to a Loblaws Competitor, or to grant the use of their name, image or likeness to a Loblaws Competitor or to act as a spokesperson or other public representative for a Loblaws Competitor prior to, during, and for five (5) years after the first broadcast of the final episode of the Program.

  4. All decisions regarding the production, marketing, advertising, sale or use of the Recipe and/or any product derived therefrom shall be at Producer’s discretion. Participants acknowledge that, should they be declared a Category Winner, they will have no right of approval, consultation or compensation with respect to the use or non-use of the Recipe. A Participant who does not submit the Participant’s Release Form signed by himself/herself will not be permitted to participate in the Program and will be disqualified from the Competition.

(b)  read, approve and sign a confidentiality agreement provided by Producer (the “ Confidentiality Agreement ”) in which he/she will agree to keep any and all information regarding the Competition, including any information regarding the businesses of the Competition Entities, completely confidential and to not conduct any interviews or provide any comment or information to the public, the media or any individual other than Producer or Producer’s Designated Representatives without the consent of the Producer, including, without limitation, information regarding the outcome of the Program, the identity of the  Producer’s Designated Representatives, the  Host and/or any of the Judges, the performances of any Participant (including, if he/she is selected as a Participant, his/her own performance), any and all actions  and  comments of the Participants, Judges, Host, Producer and/or Producer’s Designated Representatives, and these Competition Rules. The Confidentiality Agreement shall include a consent to enforcement of its terms by means of injunctive relief. A Participant who does not submit the Confidentiality Agreement signed by himself/herself will not be permitted to participate in the Program and will be disqualified from the Competition. Participants are prohibited from taking any photographs, audio, video or other recordings or images of the Competition or the Program while competing in the Competition.

(c) agree to a criminal background check, and to provide any necessary information and consents to conduct same.

(d)  be able to travel to Toronto, Ontario, or such other location as Producer may designate, and be available exclusively for (i) up to eight (8) days in a five (5) week period (currently scheduled to commence on or about July 28, 2013, but subject to change in Producer’s discretion) to participate in the filming of the Program, (ii) up to two (2) days to participate in additional filming of the Program if the Applicant is a Category Winner, and (iii) up to three (3) days as determined by Producer in its sole discretion, to participate in the Program’s finale. Participant must be willing to stay in accommodations selected by Producer for all or part of the filming.

6.7 If any of the Applicants invited to be Participants chooses not to be a Participant, is or becomes ineligible to be a Participant, as determined by Producer in its sole discretion, is unavailable to travel and/or participate in the Program, as determined by Producer in its sole discretion, fails to provide any necessary documentation, or otherwise fails to comply with these Competition Rules, such Applicant will not be eligible to be a Participant and Producer may select another Applicant, using the same criteria outlined above, to invite him/her to be a Participant.

7. The Program and Selection of Winners

7.1 The Program is currently scheduled to begin filming on or around  July 28, 2013. Appropriate transportation and accommodation arrangements (if required and as determined by Producer in its sole discretion) for Participants will be organized and paid for by Producer.

7.2 The Participants will compete in a series of challenges wherein their performance and their Recipe will be judged against the performance and Recipe of the other Participants within the same Category. The challenges may include, without limitation, a Recipe taste test and developing a marketing campaign and product launch for a product derived from the Recipe. Participants may be required to work with third parties during the challenges including, without limitation, master chefs and food industry, marketing and advertising professionals.

7.3 The Judges will evaluate the results of the challenges and deliberate considering the taste, quality, commercial viability of the Participant’s Recipe, and the Participant’s ability to market and promote the Recipe to determine which Participant from each Category will become the Category Winner. The Category Winner will receive $25,000 in cash and his/her Recipe will become a President’s Choice® or other Loblaws branded product to be produced, marketed and sold at the sole discretion of Loblaws, without further consent or consideration.

7.4 Public vote will then determine which of the Category Winners will become the Grand Prize Winner, who will receive $250,000 in cash. The Category Winner receiving the highest number of votes will be declared the Grand Prize Winner. In the event that, as a result of the public vote, two (or more) Participants are tied, the Judges shall be entitled to determine in their absolute discretion which Participant shall be selected as the Grand Prize Winner. Automated, scripted or robotic votes are prohibited, and any use of such automated devices may result in disqualification. Producer reserves the right at any time, in its sole and absolute discretion, to disqualify any Participant from the Competition if it finds or believes Participant has engaged, or is suspected of engaging, in methods designed to affect the public vote in violation of these Competition Rules or in any manner other than as approved by Producer, including, without limitation, by offering to pay or otherwise compensate individuals for votes. Without limiting the generality of the foregoing, votes that are determined in the Producer’s sole discretion to be in violation of these Competition Rules or the spirit of the Competition, or that are or are suspected of being the subject of any scheme designed to compensate individuals for engaging in activities that directly increases a Participant’s voting score may be discounted and any Participant involved in such conduct may be disqualified from the Competition and/or any associated prize may be forfeited. Success of a Category Winner being selected as the Grand Prize Winner depends on decisions of the voting public and the discretion of the Judges, in the event of a tie.

7.5 Producer reserves the right, in its sole discretion, to substitute a prize (or portions thereof) of equal or greater value if a prize (or portions thereof) cannot be awarded as described, and to award any Participant, Category Winner and/or Grand Prize Winner with additional prizes as such prizes may become available. Prizes must be accepted as awarded and may not be assigned, transferred, substituted or redeemed for cash or otherwise, except at Producer’s sole discretion. Descriptions and values of additional prizes, if any at all, are contingent upon the nature of such prizes and cannot be determined at this time.

7.6 The Grand Prize Winner will be announced during the final episode of the Program, scheduled to be filmed no later than April 2, 2014.

7.7 Participants must freely share their opinions, feelings and impressions with Producer, Producer’s Designated Representatives, the Host and the Judges for the purposes of filming the Program. Participants must cooperate with the director, camera operators, Producer and Producer’s Designated Representatives throughout the Program.

8. General Rules of the Competition Applying to Competitors

8.1 Competitors acknowledge and agree that all elements of the Competition will be taped and that Producer shall have the right to photograph, videotape and/or film them and record their voice and performance at any time in connection with the Competition and to include such photographs, film and recordings in the Program,  any subsequent seasons of the Program, and any ancillary or related productions, including “making-of” and “behind-the-scenes” productions (collectively, the “ Series ”). Competitors acknowledge that Producer is and will be the sole owner of all rights in and to any photographs, film and recordings  taken in connection with the Competition.

8.2 Producer reserves the right, at its sole discretion, to change the structure, process, timing, duration or any other aspect of the Competition as it sees fit including, without limitation, adding Participants to or removing Participants from the Competition and/or requesting additional materials from the Competitors and/or changing the anticipated production schedule of the Program.

8.3 It is a condition of entry and participation in the Competition that Competitors abide by the terms and conditions of all applicable Release Forms and the rules, regulations, terms and conditions as devised from time to time by Producer including, without limitation, these Competition Rules. Any Competitor who does not comply with these Competition Rules is subject to disqualification.

8.4 Competitors acknowledge and agree that Producer has the right to transfer or assign any and all of the rights granted by Competitors to it hereunder to any third party for any purpose, including, without limitation, in connection with the production, distribution, exploitation of the Series and any ancillary rights in connection with the Series.

8.5 If a Competitor is chosen to be a Participant, Producer may require such Participant to participate (and Participant must be available to participate) in additional activities on behalf of Producer, its sponsors, successors and assigns, including Loblaws and CBC, relating to the Program, including, without limitation, web-casts, pod-casts, blogs, video diaries, chat-rooms, SMS chats, interviews, appearances, photo sessions, promotional, publicity, sponsorship and merchandising activities, in any and all media, without additional compensation.

8.6 All decisions of Producer and/or Producer’s Designated Representatives, the Judges (or, where applicable, the decision of the voting public) are final, including, without limitation, regarding the selection of the Applicants, Participants, Category Winners and/or the Grand Prize Winner, the scheduling of the Program, including the order of airing of each episode and the timing and/or duration that each Category Winner’s Recipe is available as a President’s Choice®* or other Loblaws branded product, and the enforcement of the Competition Rules. Each Competitor acknowledges and agrees that the interests of the Program shall override those of any Competitor, as determined by the Producer in its sole discretion. Without limiting the generality of the foregoing, each Competitor acknowledges and agrees that, if such Competitor shall become a Participant and be chosen as a Category Winner, depending on the air date of the episode in which such Category Winner appears, such Category Winner’s Recipe will be available in grocery stores as President’s Choice®* or other Loblaws branded products for a length of time that may be shorter or longer than the length of time other Category Winner’s products are available in grocery stores prior to the public vote to determine the Grand Prize Winner. Each Competitor further acknowledges and agrees that any such variance is a result of production scheduling only and that the Competition Entities will be in no way responsible or liable for such variance including for any claim that such variance may impact, or has impacted, the outcome of the public vote to determine the Grand Prize Winner.

8.7 Producer has the right at any time to require proof of identity and/or eligibility from any Competitor. Failure to provide such proof within a reasonable time could result in disqualification from the Competition. All information requested by and supplied to Producer by each Competitor must be truthful, accurate and in no way misleading. Producer reserves the right to disqualify any Competitor from the Competition and/or require the return of any prize or other benefit Competitor may have received as a Competitor, whether or not such prize/benefit has already been awarded, from any Competitor, in its sole discretion, should the Competitor at any stage supply untruthful, inaccurate or misleading personal details and/or information or should the Competitor be ineligible to participate in the Competition pursuant to these Competition Rules.

8.8 Producer will have no liability to a Competitor who provides incorrect contact information, an incomplete or illegible Submission Package, or who is unable to attend or take part in any part of the Competition or the Program for whatever reason, as determined by the Producer in its sole discretion.

8.9 Producer reserves the right to cancel, terminate or suspend the Competition in whole or in part or to amend the Competition Rules at any time without incurring any liability to any Competitor or otherwise. Producer further reserves the right to replace at its discretion any Competitor who for any reason fails or is disqualified from or unable to participate in any aspect of the Program and/or the Competition, as determined by Producer in its sole discretion, with another replacement Competitor, notwithstanding that such replacement Competitor may have been previously eliminated from the Competition. The Producer further reserves the right, in its sole discretion, to disqualify any individual found to be: (a) tampering or attempting to tamper with the entry process or the operation of the Competition, the Website, any voting mechanism, or any website or service related to the Competition; (b) violating the terms of service, conditions of use and/or general rules or guidelines of any property or service belonging to any of the Competition Entities or their agents; and/or (c) acting in an unsportsmanlike, disruptive or inappropriate manner, or with intent to annoy, abuse, threaten or harass any other person.

8.10 There is no obligation on the part of Producer (or any other Competition Entity) to record or broadcast all or part of the Competition or Program in which a Competitor has appeared or any part of his/her contribution to the Program.

8.11 The Competitor must at all times behave appropriately when taking part in the Competition and observe these Competition Rules and any other rules or regulations in force during the Competition, including, without limitation, for the Online Entry or at the Open Calls, the production studios and/or other locations. Producer reserves the right in its absolute discretion to remove from the Competition, Open Call, production studio premises or any location any Competitor who breaks such rules or regulations and/or fails to behave appropriately and to disqualify such Competitor.

8.12 All Competitors agree that Producer and Producer’s Designated Representatives can, in connection with the Series, use, exploit and distribute, in any media whatsoever, now known or hereafter created, including, without limitation, the Internet, worldwide in perpetuity, the Competitor’s Submission Package and any materials or information submitted by the Competitor in connection with the Competition (including, without limitation, my Recipe and any Video, as applicable) and the Competitor’s name, likeness, image, voice and biographical information, performances, appearances, and comments, without any further consent or compensation of any nature or kind, for any purpose whatsoever, including, without limitation for purposes of advertising, promotion and publicity. All Competitors agree to waive any and all copyright interest, of any nature or kind, they may have in their Submission Package, any materials or information submitted in connection with the Competition, their comments, performances and appearances, including, without limitation, any moral rights in the foregoing.

8.13 Competitors acknowledge that the Competition Entities are not responsible for, are in no way liable for, and by entering the Competition the Competitor releases and agrees to hold harmless the Competition Entities from and against, any and all actions, damages, costs, losses, expenses, claims or liability due to any injuries, losses or damages to any person or property related to the Competition or any Competition-related activity, including, but not limited to, injuries, losses or damages directly or indirectly caused by: (i) the administration (including scheduling) of the Competition, including any failure of transportation or inability for any reason to participate in an Open Call even if such transportation is provided by Producer; (ii) the Competitors or any third party's participation in the Program, the submission process, or the selection or disqualification of any Competitor; (iii) the decisions of the Judges, Producer, Producer’s Designated Representatives, and/or the public; (iv) the order of airing of each episode of the Program, the schedule for launch of Category Winners’ commercialized Recipes as  President’s Choice®* or other Loblaws branded products, and the duration of availability of such products prior to public vote to determine the Grand Prize Winner; (v) the acceptance, possession, use or misuse of any prize; (vi) any printing, typographical or technological errors in any materials associated with the Competition; and (vii) any breach of a representation, warranty, or obligation undertaken by a Competitor, including, without limitation, the exercise by the Competition Entities of any of the rights granted by Competitor with respect to Competitor’s Recipe or the Competition, including, without limitation, any exploitation or use of Competitor’s name, image, likeness, Submission Package and any materials or information derived therefrom or submitted by Competitor in connection with the Competition including, without limitation, Competitor’s Recipe and any Video submitted by Competitor, if applicable or for any infringements or claims resulting from the exploitation of Competitor’s Recipe as a  President’s Choice®* or other Loblaws branded product, in accordance with the terms hereof. Without limiting the generality of the foregoing, the Competition Entities shall not be responsible for: (a) any incomplete or inaccurate information that is provided by website users, or any incomplete or inaccurate information that is caused by any of the equipment or programming associated with or utilized in the Competition, or by any technical or human error which may occur in the processing of the Submission Package, Online Entry or any element thereof (online or in person) in the Competition; (b) lost, interrupted, or unavailable network, server, service provider, on-line systems, telephone networks or telephone lines, or any other connections; (c) the theft, destruction, loss or unauthorized access to, or alteration of, Recipe Submissions, Submission Packages or Online Entries or any element thereof; (d) any problems with, or malfunctions or failures of, telephone networks or lines, computers or computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (e) garbled transmissions or miscommunications; (f) failure of any e-mail to be received by or from the Competition Entities for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or technical incompatibility; (g) damage to a user's computer equipment (software or hardware) occasioned by participation or downloading of materials related to this Competition; (h) printing, distribution, programming or production errors, and any other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; or (i) technical, pictorial, typographical or editorial errors or omissions contained herein.

8.14 Competitors hereby agree to indemnify and hold harmless the Competition Entities  from and against any and all third party claims, actions, or proceedings of any kind and from any and all damages, liabilities, losses, costs and expenses (including reasonable legal fees) relating to or arising out of any breach or alleged breach of any of the warranties, representations, or agreements granted, made by or entered into by a Competitor.

8.15 In the event of any dispute concerning the operation of any element of the Competition or these Competition Rules, the decision of Producer will be final.

8.16 These Competition Rules are additional to and do not supersede any and all Release Forms signed by a Competitor and in the event of any conflict between any Release Form and these Competition Rules, the Release Form will prevail. In the event of any discrepancy or inconsistency between these Competition Rules and disclosures or statements contained in any other Competition-related materials (save and except for the aforementioned Releases) these Competition Rules shall prevail, govern and control unless otherwise explicitly stated.

8.17 The application to the Competition by an individual is subject to all federal, provincial and local laws and regulations and is void where prohibited.

8.18 Personal information collected during the Competition will be used as described in these Competition Rules and as otherwise described in the Privacy Policy published on the Website.

8.19 Competition Entities are not responsible or liable for lost, late, unintelligible, illegible, falsified, damaged, misdirected or incomplete Submission Packages, whether in whole or in part, or for any computer, online, software, telephone, hardware or other technical malfunctions, programming errors, or human error that may occur in the administration of the Competition. Competition Entities are not responsible for injury or damage to any party or to any computer related to or resulting from participating or downloading materials in connection with this Competition.

8.20 FAILURE TO COMPLY WITH THESE COMPETITION RULES MAY RESULT IN DISQUALIFICATION.

9. Definitions

Age of Majority”

A person 19 years of age or older who resides in British Columbia, New Brunswick, Yukon, Nunavut, Newfoundland and Labrador or the Northwest Territories or a person 18 years of age or older who resides in Alberta, Manitoba, Ontario, Quebec, Saskatchewan, or Prince Edward Island.

Applicant”

 An individual who makes a Recipe Submission in the Competition through an Online Entry, Open Call or both.

Applicant’s Release Form”

 The release form that must be completed by the Applicant and included in the Applicant’s Submission Package in order for the Applicant to be considered for selection as a Participant. The Applicant’s Release Form is available at www.cbc.ca/recipetoriches .

Application Form”

 The application form that must be completed by the Applicant and included in the Applicant’s Submission Package in order for the Applicant to be considered for selection as a Participant. The Application Form is available at www.cbc.ca/recipetoriches  and at the Open Call.

Category Winner”

Participant selected by the Judges based on a combination of factors, including, without limitation, the Recipe’s taste, quality, commercial viability and the Participant’s entrepreneurial prowess, as having the winning Recipe in that Category, who will receive $25,000 and whose Recipe will become a Presidents Choice® product.

Competition”<