CONSUMER DISCLOSURE

THIS IS A BINDING CONTRACT. YOUR CONTINUED PARTICIPATION AS AN ENTRANT, COMPETITOR, OR WINNER IN THE COMPETITION (AS DEFINED BELOW), IN ANY MANNER, SIGNIFIES YOUR ACCEPTANCE AND AGREEMENT TO THESE RULES, THE TERMS OF USE, AND THE PRIVACY POLICY, IN WHATEVER FORM THEY MAY CURRENTLY EXIST. AS SUCH, PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.

THESE RULES GOVERN WHAT CLAIMS YOU CAN BRING, WHAT DAMAGES YOU CAN CLAIM, AND HOW DISPUTES BETWEEN YOU AND THE COMPETITION ENTITIES (DEFINED BELOW) RELATING TO YOUR PARTICIPATION AS AN ENTRANT, COMPETITOR, OR WINNER (COLLECTIVELY, A “PARTICIPANT”) IN THE COMPETITION WILL BE RESOLVED. THE SECTIONS OF THESE RULES TITLED “WAIVER AND LIMITATIONS OF LIABILITY” AND “DISPUTE RESOLUTION” EXPLAIN WHAT CLAIMS YOU ARE WAIVING, WHAT DAMAGES YOU CAN CLAIM, AND CONTAIN AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION, WHICH STATES THAT YOU AND THE COMPETITION ENTITIES (EACH A “PARTY” AND, COLLECTIVELY, THE “PARTIES”) MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY, AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER, OR OTHERWISE ON BEHALF OF OTHERS, IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

PLEASE NOTE THAT THE DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY, AND THE GOVERNING LAW, WAIVER AND DISPUTE RESOLUTION SECTIONS CONTAIN IMPORTANT LIMITATIONS ON OUR LIABILITY AND OUR AGREEMENT TO ARBITRATE FOLLOWING THE LAWS OF CALIFORNIA ONLY.

OPERATOR

The Marconi Shop (“Operator”), a California corporation.

 

GENERAL NOTICE

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS COMPETITION.

It is not necessary for individuals registering to compete (each an “Entrant” and, collectively, “Entrants”) to pay an entry fee, or tender payment of any kind to enter the Competition. Competition entry open only to individuals that are eighteen (18) years or older and a California resident the time of entry. Further eligibility restrictions listed below.

By entering or voting in this Competition, Entrants accept and unconditionally agree to abide by and be bound by these rules (the “Rules”), the Terms of Use, Privacy Policy, and any decision(s) of Operator. A panel of judges will decide the Competition winner(s) from those Entrants that have been selected to participate in the Competition (each a “Competitor” and collectively, the “Competitors”). The Prizes and any Ancillary Promotion prize (defined below) will be awarded in accordance with these Rules. Any violation of the Rules or the Terms of Use, at Operator’s sole discretion, may result in disqualification. All decisions of Operator regarding the Competition are final and binding in all respects.

ALL DATES SET FORTH IN THESE OFFICIAL RULES ARE APPROXIMATE. OPERATOR RESERVES THE RIGHT TO EXTEND ANY DEADLINES.

ELIGIBILITY AND CONSENT

All Entrants must be individuals of Eligible Entry Age and a California resident at the time of entry. Void where prohibited or otherwise restricted by applicable law.

Officers, directors, and/or employees of Operator and Operator’s parent companies, VSI, Inc. participating sponsors, The Marconi Shop (collectively, the “Competition Entities”), along with their respective immediate family members (defined as spouse, parent, child, sibling) are ineligible to participate in the Competition.

Operator will take reasonable steps to prohibit ineligible Entrants and/or Competitors from entering and/or participating in the Competition. Operator reserves the right, in its sole and absolute discretion, to determine Entrant eligibility or whether to deem an Entrant or Competitor ineligible to enter or participate in the Competition, at any time and for any reason whatsoever, including due to the Entrant or Competitor’s inability to fulfill any obligation(s) as a Competitor or Winner (as defined below), as required by Operator and these Rules. By entering the Competition, Entrants/Competitors agree to Operator’s use of their name, biographical information, and any other materials submitted, including the Submitted videos (as defined below), for both online and offline direct marketing purposes in connection with the Competition.

BY REGISTERING TO ENTER THE COMPETITION, ENTRANTS/COMPETITORS GRANT OPERATOR AND IT’S PARTICIPATING BRAND PARTNERS A LIMITED, PERPETUAL, NON-EXCLUSIVE, AND NON-TRANSFERABLE LICENSE TO USE THE ENTRIES AND ANY OTHER MATERIALS SUBMITTED (INCLUDING BUT NOT LIMITED TO SUBMITTED VIDEOS) IN ANY MANNER REASONABLY RELATED TO THE COMPETITION AND/OR FUTURE  COMPETITIONS. INVALID, FALSE, OR DECEPTIVE ENTRIES OR PROFILES SHALL RENDER THOSE ENTRIES OR PROFILES INELIGIBLE. BY ENTERING THE COMPETITION, ENTRANTS/COMPETITORS REPRESENT AND WARRANT THAT THEY HAVE READ AND AGREE TO THESE RULES AND MEET ANY/ALL ELIGIBILITY REQUIREMENTS. OPERATOR SHALL NOT BE LIABLE FOR ITS REASONABLE RELIANCE ON ENTRANTS’/COMPETITORS’ REPRESENTATIONS AND WARRANTIES.

NOTICE: YOU HAVE NOT YET WON.

HOW TO ENTER

To enter, Entrants must visit www.Vallartasupermarkets.com to complete and submit an official entry form and video. Entrants must provide all information requested, including, at a minimum, at least one (1) or more videos of the Entrant and/or the Entrant’s own culinary creation(s), that conform to the specifications required below (the “Submitted videos ”), using the upload tool and instructions provided.

Submitted videos should not contain obscene or otherwise offensive content. The determination of whether any image exhibits obscene or offensive content is at the sole discretion of Operator. False, deceptive, or incomplete entries or information provided by Entrants or Competitors at any point relating to the Competition may render the entry ineligible, regardless of when the problem is discovered.

Upon submitting an entry form, Entrant agrees that Operator may contact the Entrant/Competitor via email message, or text message, for any purpose relating to the Competition, including to request resubmission of one or more of the Submitted videos. Entrants/Competitors may contact Operator or reply “STOP”, to withdraw consent to be email message, or text message, at any time. While Entrants may have assistance in entering data and uploading the Submitted videos, Entrants must otherwise complete the entry forms themselves. As set forth in greater detail below, submission of videos and entry in the Competition constitutes consent to the use of the Submitted videos on the VSI, Inc. Website and digital apps, and otherwise in connection with Operator, it’s sponsors, the Competition, and its affiliated Competition sponsors, and in any and all media now known or hereafter discovered, for the full duration of the copyright in the applicable Submitted videos. By entering this Competition, Entrant represents and warrants that they are of Eligible Entry Age a resident of California and own or control all necessary rights in the Submitted videos to grant Operator the rights described herein.

Submission of a qualifying entry grants Operator, partner brands and its representatives and agents the right to publish, use, adapt, edit, and/or modify such entry in any way, in any and all media, without limitation and without consideration to Entrant. Submission of an entry further constitutes Entrant’s consent to grant to Operator a limited, non-transferable license, to use, adapt, edit, and/or modify the entry in any manner it so chooses and for any other purpose whatsoever, in connection with the Competition and any future competition(s).

Entrants may submit their entry forms and videos using the above procedures anytime on or before May 30, 2025 (the “Entry Deadline”). After entering the Competition, the Submitted videos may be placed on the Website and social media where they may be viewed by visitors to the Website. Entrants/Competitors may be requested to submit Additional videos for publication on the Website, so long as such images do not display offensive content, are not obscene (as determined in the sole discretion of Operator), and do not infringe upon the rights of any person or entity, including but not limited to copyright, right of publicity, and right of privacy.

COMPETITION SCHEDULE

OPERATOR WILL SELECT, IN ITS SOLE, ABSOLUTE, AND COMPLETE DISCRETION, WHICH ENTRANTS WILL PARTICIPATE IN THE COMPETITION AS FINALE COMPETITORS. Finale competitors will be selected from the videos submitted into the competition website. Upon entry, Competitors videos will be reviewed by a panel of judges. Scoring criteria will include but is not limited to creativity of recipe provided, plating, video presentation and use of partner products within the recipe. Four finale contestants will be selected to participate in a competition cook off at a later date. Finale contestants will be required to compete against each other, and the competition will be filmed for media use, including television, social media channels and the website

NOTIFICATION TO COMPETITORS

Finale Competitors will be notified by email, telephone, or other means reasonably calculated to provide notice, including but not limited to email message, or text message. Entrants/Competitors consent to a background check that may be performed, at the sole discretion of Operator, to verify information provided by Entrants/Competitors and compliance with these Rules, or for other reasons related to the Competition.

PRIZES

FINALE CONTESTANTS WILL WIN:

$15,000 FOR FIRST PRIZE, $5,000 FOR SECOND PRIZE AND  $2500 FOR THIRD AND FORTH PRIZE.

CONDUCT

FAILURE TO COMPLY WITH THESE RULES AND/OR THE TERMS OF USE MAY RESULT IN DISQUALIFICATION. Operator reserves the right, in its sole discretion, to take action against any individual participating in the Competition as a Competitor, including removal from the Competition, for reasons including: (a) acting in any manner deemed by Operator to be in violation of these Rules or the Terms of Use; (b) acting in any manner deemed by Operator to be harmful to the Competition, other Competitors, etc.; or (c) acting in any manner deemed by Operator to be unsportsmanlike, disruptive, and/or with intent to annoy, abuse, threaten, or harass any other person/entity. ANY ACTION BY AN ENTRANT, COMPETITOR, OR ANY OTHER INDIVIDUAL, WHICH DAMAGES OR UNDERMINES THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE IN VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND, SHOULD SUCH ACTION BE TAKEN, OPERATOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON, TO THE FULLEST EXTENT PERMITTED BY LAW.

REQUIREMENTS AND CONSENT OF WINNER(S)

Any potential finalist will be required to execute an affidavit of eligibility, a liability/publicity release, Competitor release, and other documents (“Prize Claim Documents”). If any Potential Winner fails or refuses to sign and return all Prize Claim Documents within fourteen (14) days of the delivery of prize notification(s), the Potential Winner may be disqualified, and an Alternate Winner may be determined/selected. If you are selected as a finale  winner, you consent to your information being included in a publicly available “Winner’s List”. Except where prohibited, acceptance of a prize constitutes the Winner’s irrevocable consent to Operator, its agents, successors, and assigns or other designee’s use of the Winner’s name, likeness, photograph, voice, statement, opinions, biographical information, prize and/or state/city of residence for advertising, promotional and publicity purposes in any and all media or format, worldwide, in perpetuity, without any permission, notification, payment or consideration, except for the awarding of the prizes to the Winner. Operator is not responsible for any failure to notify Operator of any change in address of Entrant(s), Competitor(s)By accepting a prize, the Winner agrees to maintain their behavior in accordance with all applicable laws and generally accepted social practices while participating in any Competition activity, including but not limited to participation in or use of a prize. Winner/Potential Winner understands and further agrees that Operator has the right, in its sole discretion, to disqualify and/or remove the Winner/Potential Winner from any activity at any time, if Operator determines that (i) the Winner’s/Potential Winner’s behavior at any point is disruptive or inappropriate, or may or does cause damage to person, property, or the reputation of Operator; (ii) the Winner/Potential Winner is involved in any activity or conduct that is the subject of public reporting of allegations or accusations through one (1) or more reputable news organizations that the Winner/Potential Winner has engaged in improper conduct and such allegations and/or accusations could be reasonably likely to harm or injure the reputation or success of Operator,  and/or any other person or entity involved in the operation of the Competition; (iii) the Winner’s/Potential Winner’s behavior is perceived to be offensive to the majority of Operator customers or by the general public; or (iv) the Winner/Potential Winner is convicted of or pleads no contest to a felony or a crime of moral turpitude, or makes any statement or commits any act reflecting unfavorably upon Operator’s reputation or Operator’s products and services, or otherwise violates the policies of the aforementioned individuals/entities.

At it’s sole discretion, Operator may conduct a background check to confirm any Potential Winner’s eligibility and compliance with these rules. By entering, all Entrants/Competitors agree to cooperate reasonably with any such background check. If the prize includes participation in any public event(s) or publicity, or if Competition Entities intend to publicize the Winner(s) in any way, and if a background check reveals that the Potential Winner has engaged in conduct that could damage the reputation or business of any Competition Entity, or if it reveals that the Potential Winner has been convicted of or pled no contest to a felony or a crime of moral turpitude, as determined by Operator in its sole discretion, then, notwithstanding the process of public voting, the Potential Winner may be disqualified and the prize may be awarded to an Alternate Winner.

WAIVER AND LIMITATIONS OF LIABILITY

PARTICIPANTS (TO INCLUDE ENTRANTS, COMPETITORS, AND WINNERS) AGREE THAT, IN NO EVENT, SHALL OPERATOR, VSI, INC, PROMOTION ENTITIES,  COMPETITION SPONSORS, OR ANY PRIZE PROVIDER (EACH A “COMPETITION ENTITY” AND, COLLECTIVELY, THE “COMPETITION ENTITIES”), WHICH INCLUDES THE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS OF EACH, BE LIABLE OR OBLIGATED TO AN ENTRANT, COMPETITOR, JUDGES, WINNER, OR ANY THIRD PARTY IN ANY MANNER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND IN ANY WAY RELATED TO THE COMPETITION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES AND ARBITRATION COSTS. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY.

ALL PARTICIPANTS RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPETITION ENTITIES FROM AND AGAINST ANY AND ALL LIABILITY, WITH RESPECT TO, OR IN ANY WAY ARISING FROM, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, THIS COMPETITION, PUBLICATION OR USE OF THE SUBMITTED VIDEOS OR ADDITIONAL PHOTOGRAPHS, ENTRANTS’ NAMES AND LIKENESSES, AND/OR ACCEPTANCE, USE, MISUSE, LOSS, OR MISDIRECTION OF THE PRIZE, INCLUDING LIABILITY FOR PERSONAL INJURY, DEATH, DAMAGES, OR MONETARY LOSS. By participating in the Competition, Participants further agree to release and hold harmless the Competition Entities from and against any claim: (a) of ambiguity or error in the Competition, these Rules, the Terms of Use, or the Privacy Policy; (b) related to lost, late, incomplete, or misdirected entries or judging; (c) for injuries, damages or losses (including death) of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse, use, loss, or misdirection of any prize, or participation in any Competition-related activity or participation in this Competition; (d) for copyright infringement or violation of the right of publicity based on use of the Submitted or Additional Photographs by Operator; or (e) due to any error in the offering or announcement of any prize.

PARTICIPANTS FURTHER AGREE THAT ALL DECISIONS OF OPERATOR SHALL BE FINAL AND CONCLUSIVE ON ALL MATTERS RELATING TO THE COMPETITION AND THAT THE COMPETITION ENTITIES ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE ENTRY INFORMATION, HUMAN ERROR, TECHNICAL MALFUNCTION, FAILURES, OMISSION, INTERRUPTION, DELETION, OR DEFECT OF ANY TELEPHONE NETWORK, COMPUTER ONLINE SYSTEMS, COMPUTER EQUIPMENT, SERVERS, ACCESS PROVIDERS, OR SOFTWARE, INCLUDING ANY INJURY OR DAMAGE TO PARTICIPANTS OR ANY OTHER PERSONS’ COMPUTER RELATING TO OR RESULTING FROM PARTICIPATION IN THIS COMPETITION, INABILITY TO ACCESS THE ENTRY WEBSITE OR ANY PAGES THEREOF, THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF ENTRIES, ENTRY SUBMISSIONS THAT ARE PROCESSED LATE OR INCORRECTLY OR ARE INCOMPLETE, GARBLED, OR LOST DUE TO COMPUTER OR ELECTRONIC MALFUNCTION OR TRAFFIC CONGESTION ON THE INTERNET OR ANY WEBSITE. PROOF OF ENTERING INFORMATION ON THE WEBSITE IS NOT CONSIDERED PROOF OF DELIVERY OR RECEIPT.

PARTICIPANTS ACKNOWLEDGE AND AGREE THAT OPERATOR DOES NOT MONITOR FOR OFFSITE ACTIVITY AND IS IN NO WAY RESPONSIBLE FOR MANAGING OR CONTROLLING OFF-SITE ACTIVITY VIA SOCIAL MEDIA AND/OR OTHER THIRD-PARTY PLATFORMS, INCLUDING BUT NOT LIMITED TO NEGATIVE AND DISPARAGING CORRESPONDENCE BETWEEN ENTRANTS OR COMPETITORS, MISLEADING OR DECEPTIVE PROMOTIONAL TACTICS, OR ANY OTHER BEHAVIORS CONSIDERED TO BE MISLEADING OR UNSPORTSMANLIKE.

DISPUTE RESOLUTION AND MANDATORY ARBITRATION

You and Operator agree that any dispute or claim arising out of, or relating in any way to, the Competition, your participation in it, these Rules, the Terms of Use, or the Privacy Policy, including all issues concerning the construction, validity, interpretation, and enforceability of these Rules, Terms of Use, Entrant, Competitor, and/or Voter rights and obligations, the rights and obligations of Operator, or the extent of any waiver or release of claims by you, shall be settled by binding and unappealable arbitration administered by the American Arbitration Association, by operation of these Rules, in accordance with its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. ALL ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER, OR OTHERWISE ON BEHALF OF OTHERS, IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

Claims shall be heard by a single arbitrator. The place of arbitration shall be Los Angeles, California, unless otherwise agreed to by the Parties, or is determined by the arbitrator that the arbitration proceed virtually (by videoconference). The arbitration shall be governed by the laws of the State of California. Each Party will, upon written request of the other Party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. Hearings will take place pursuant to the standard procedures of the Consumer Arbitration Rules, although the Parties can appear in person, by video, or telephonically. The standard provisions of the Consumer Arbitration Rules shall apply. The arbitrator will only have the authority to grant any remedy, relief, or outcome that the Parties could have received in court, except injunctive relief. If either Party in a suit seeks injunctive relief, the arbitrator will complete arbitration of the dispute, issue an award of monetary compensation (if any), and then the party seeking injunctive relief may file a new action in state or federal court in Los Angeles, California, solely for injunctive relief. The findings of fact and conclusions of law of the arbitrator shall not be submitted as evidence or constitute precedent in this subsequent suit. In addition, the prevailing Party will be entitled to recover its arbitration costs. Except as may be required by law, neither a Party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder, without the prior written consent of both Parties.

If any part of this arbitration provision is deemed to be invalid or unenforceable, then the remainder of this arbitration provision shall remain in full force and effect and shall be construed in accordance with its terms as if the invalid or unenforceable provision were not contained herein.

TERMINATION

If for any reason the Competition and/or any Round of the Competition cannot be executed as set forth in these Rules, including but not limited to, as a result of acts of God, acts of war, natural disasters, weather, pandemic or epidemic illness, disease, acts of terrorism, computer virus, tampering, unauthorized intervention, fraud, technical failures, or other factors that may corrupt or affect the security, administration, fairness, integrity or proper conduct of the Competition, and/or if the Competition is compromised or becomes technically corrupted in any way, electronically or otherwise, Operator reserves the right to cancel, terminate, suspend, and/or modify the Competition and/or any Round of the Competition with or without prior notice, and Operator shall not in any way be responsible or liable for any such cancellation, termination, suspension, and/or modification of the Competition and/or any phase of the Competition. Further, if the Competition is terminated before the original end date, Operator reserves the right, in its sole discretion to modify the procedure for selecting the Winner(s), unless the nature of the event giving rise to such termination renders it impossible to select the Winner(s).

COMPETITION WITHDRAWAL REQUEST

By participating in the Competition as a Competitor, you understand that a Competition withdraw request or request for removal from the Competition can take up to forty-eight (48) hours to be processed and that a profile may still remain active during this length of time. Competitors acknowledge and agree that no refunds will be given upon a Competitor’s request for removal from the Competition. As such, Operator does not encourage withdrawal or voluntary removal from the Competition.

SEVERABILITY

If any term or provision in these Rules, the Terms of Use, or the Privacy Policy is determined by a competent authority to be unenforceable, all other terms and provisions of these Rules, the Terms of Use, and the Privacy Policy shall continue in full force and effect.

NO AFFILIATION

This Competition is not in any manner sponsored, endorsed, or administered by, or associated with, Facebook or Instagram, and is operated solely by The Marconi Shop.