FIRESTONE DISCOVERIES CHEF CHALLENGE
LEGAL TERMS
1. No purchase or video or blogging experience is required.
2. Eligibility. The Firestone Discoveries Chef Challenge program (the "Program") is open to U.S. Citizens age 21 and over with a valid U.S. Passport or who are able to and willing to obtain a valid U.S. Passport. Determination of whether an individual qualifies for the Program shall be under the supervision of Firestone Vineyard, LP ("Firestone"). Employees of Firestone, Foley Family Wines, Inc., advertising and promotional agencies, persons living in the same household, and the families of each are not eligible to be selected. The Program is subject to all applicable federal, state, local and foreign laws and regulations and is void where prohibited by law.
3. Publicity. By applying, all applicants fully and unconditionally consent and agree to the use of their name/likeness, applications, recipes, writing samples, blogs, and videos, statements and ideas in all forms of media for advertising and promotional purposes by Firestone and grant Firestone a royalty-free, transferable, assignable, irrevocable, perpetual, exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or part, on a worldwide basis, and incorporate it into other works, in any form, media or technology now known or later developed for any purpose whatsoever. If necessary, the applicant will sign any documentation that may be required for Firestone or its designees to make use of the exclusive rights applicant is granting hereby. By applying, applicants fully and unconditionally agree to abide by and be bound by these Legal Terms and the decisions of Firestone, which are final and binding in all matters related to the Program, including, without limitation, the selection of the quarter-finalists, semi-finalists, and selected candidate. Whether an applicant advances to the next phase is contingent upon fulfilling all requirements. If selected, individuals agree to participate in scheduled public relations activities and perform the activities requested of them.
4. Timing. The Program begins on August 17, 2009 and ends on January 13, 2010. The Program consists of a submission phase, a consumer viewing selection phase which will narrow the applicants to ten, a semi-finalist selection phase, which will narrow the applicants to three, and a finalist selection phase, which will select the Firestone Discoveries Chef. Firestone is the official time and date keeper.
| Phase | Starts | Ends |
| Submission Phase | August 17, 2009 | December 14, 2009 |
| Consumer Viewing Selection | August 17, 2009 | December 14, 2009 |
| Semi-Finalist Phase | December 14, 2009 | December 31, 2009 |
| Finalist Phase | January 1, 2010 | January 13, 2010 |
5. How to Enter. During the submission phase, visit www.FirestoneDiscoveries.com (the "Website") and follow the links and instructions on Upload Your Video and complete the Firestone Discoveries Chef Challenge Application. Each video should show the applicant cooking a dish that highlights his or her creativity and flexibility. Each video must be no more than 60 seconds in length. If an applicant's video is in compliance with the below submission guidelines and content restrictions as determined by Firestone in its sole discretion, Firestone will promptly post the applicant's video on the Firestone Discoveries YouTube Channel and the applicant's name will appear on the Chefs icon on the Website. Firestone will then notify the applicant that his or her video has been accepted and will send him or her a link. All applicants are encouraged to tell their friends to view their video (see Tell Your Friends icon on the Website) and vote in order to be ranked in the top 10. A link to all applicant's videos is available on the View Videos icon on the Website. Each applicant will represent and warrant to Firestone that his or her entry complies with the Submission Guidelines and Content Restrictions (below) and that he or she agrees with these Legal Terms. Entries found not to comply with these guidelines and restrictions or to be incomplete may be removed from the Program. A person submitting a non-conforming or incomplete entry may or may not be notified of any deficiencies and may or may not be given an opportunity to submit a corrected entry. Each applicant may only submit one application to the Program.
Submission Guidelines and Content Restrictions.
ii. The submission, or any portion thereof, cannot have been submitted previously in any promotion of any kind or exhibited or displayed publicly through any means.
iii. The submission must not contain material that violates or infringes another's rights and no other person must have any right or title in and to the submission.
iv. The submission must not violate any non-compete agreement, contract or other legal document applicant has entered with an employer (whether current or former), vendor, client or other third party.
v. The submission must not contain brand names or trademarks, except for the Firestone trademark and associated Firestone elements available on the Website and the Zephyr Adventures brand name and logo, which applicant has a limited license to use for the sole purpose of creating and sending a submission into the Program.
vi. The submission must not contain material that, in the sole judgment of Firestone, is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous, libelous, promotes discrimination, or is unlawful.
6. Consumer Viewing Selection Phase. Following the conclusion of the consumer viewing selection phase, the applicants who have received the highest number of unique views on the Firestone Discoveries YouTube Channel, as determined by YouTube, will be notified by email, phone or registered mail on or about December 14-15, 2009 and invited to advance to the Semi-Finalist Selection Phase of the Program. If one or more selected candidates decline or are unable to participate in the next phase of the Program, the applicant(s) who have received the next highest number of views may be invited to the next phase of the Program. All decisions of Firestone shall be final.
7. Semi-Finalist Selection Phase. The ten quarter-finalists will be requested to submit a resume, two references, and participate in a telephone interview. One or more judges selected by Firestone in its sole discretion, will review and judge each quarter-finalist based on his or her submitted materials and interview according to the following subjective criteria: enthusiasm and credibility toward the Program and Firestone Wines (34% factor); communication skills and appearance (33% factor); and chef/cooking experience (33% factor). The three candidates with the highest scores will be notified by email, phone or registered mail on or about November 29-30, 2009 and invited to advance to the finalist phase of the Program. If one or more selected candidates decline or are unable to participate in the next phase of the Program, the candidate(s) with the next highest score(s) may be selected. All decisions of the judge(s) shall be final.
8. Finalist Selection Phase. The three semi-finalists will be invited to the Firestone headquarters in Los Olivos, California for two days on or around January 11, 2010. Firestone will arrange for and pay each semi-finalist's transportation (with coach class airfare, if necessary) and lodging. The semi-finalists will participate in face-to-face interviews and a cook-off against the other finalists. Each semi-finalist will prepare lunch meals on a gas grill in a manner similar to how meals will be prepared on the Inca Trail. Each semi-finalist will be given a budget and time during the first day of the cook-off to shop, purchase and prepare the food for the meal and time during the second day of the cook-off to prepare and cook the food. One or more judges selected by Firestone in its sole discretion, will review and judge each semi-finalist based on his or her interview and meal according to the following subjective criteria: enthusiasm and credibility toward the Program and Firestone Wines (25% factor); verbal communication skills and appearance (25% factor); and presentation and taste of the food prepared in the cook-off (50% factor). The candidate with the highest average combined score will be notified that same day and offered the position of Firestone Discoveries Chef. If the selected candidate declines or is unable to serve as the Chef, the candidate with the next highest average combined score will be offered the opportunity to be the Chef. All decisions of the judge(s) shall be final.
9. Firestone Discoveries Chef. The Firestone Discoveries Chef is a part-time, one week, independent contractor consultant position. The dates of the position will be from April 17 - 25, 2010. Duties of the Chef will include, without limitation, traveling to Peru and working alongside our Peruvian cooks as a chef on a four-day Inca Trail trek with Zephyr Adventures to cook meals three times a day for approximately fifteen ravenous hikers. The Chef will meet his or her Peruvian counterpart when he or she arrives and draws up a menu based on Peruvian ingredients such as potatoes, corn, avocados, and fresh fruits and vegetables of many kinds; lamb, chicken, and even guinea pig; and fresh spices and salsas that enliven the Peruvian cuisine. The Chef will visit the market, select the supplies, and share recipes. On the trail, the Chef will be teamed with a professional Peruvian cook experienced in the ways of dishing out food three times a day, on time and delicious. The Peruvian cook will speak English or a translator will be available). All cooking will be done in a gas stove, which will be provided. The Chef's expenses will be paid on the trip to Peru, including international and domestic coach class airfare, double occupancy lodging, camping equipment, and trail passes. Firestone will pay for the purchased food and supplies. Not included are several meals when the group is not together and personal expenditures. The Chef will not receive a separate fee for performing consulting services. The Chef will also receive recipes and wine from Firestone to be used in pairing dishes with Firestone Discoveries wines. The selected Chef will be required to sign and return to Firestone an Independent Contractor Agreement, complete and pass a background check, and fulfill any other requirements as determined by Firestone.
10. General Conditions. If for any reason, the Program is not capable of running as planned by reason of infection by virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, internet or telephone lines or any other causes which, in the sole discretion of Firestone, may corrupt or affect the administration, operation, security, fairness, integrity or proper conduct of the Program, Firestone reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Program. Firestone reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Program, or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Program may be in violation of criminal and civil law, and, should such an attempt be made, Firestone reserves the right to seek damages from any such person to the fullest extent permitted by law. Firestone's failure to enforce any term of these Legal Terms shall not constitute a waiver of that provision.
11. Release and Limitations of Liability. Except where prohibited, by participating in the Program, applicant agrees to release and hold harmless Firestone and its affiliates, and their respective officers, directors, employees, and agents (the "Released Parties") from and against any clam or cause of action arising out of participation in the Program, including, without limitation, (a) unauthorized human intervention in the Program, (b) technical errors related to computers, servers, providers, or telephone or network lines, (c) printing errors, (d) errors in administration of the Program, (e) late, lost, or undeliverable mail and email, (f) defamation which may be caused, directory or indirectly, in whole or part, from the submission, or (g) injury or damage to persons or property which may be caused, directly or indirectly, in whole or part, from applicant's participation in the Program.
12. Disputes. Applicant agrees that (a) any and all disputes, claims and causes of action arising out of or connected with this Program shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court located in Santa Barbara, California or appropriate California State Court located in Santa Barbara, California, (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred of entering and participating in the Program in an amount not to exceed $100.00 and in no event shall the Released Parties be liable for attorneys' fees, and (c) under no circumstances will applicant be permitted to obtain awards for and applicant hereby waivers all rights to claim punitive, consequential, and/or indirect damages and any other damages, other than as permitted in sub-section (b) above, and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Legal Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules.






