TERMS & CONDITIONS
TERMS & CONDITIONS FOR THE EAT. SHARE. CONNECT. COOKBOOK
1. NO PURCHASE NECESSARY TO ENTER. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. By submitting an entry to the 2021 Eat. Share. Connect. Cookbook (the “Cookbook”) by Good Consulting by Janina Peter (“GCJP”) you are agreeing to be bound by the following terms and conditions listed herein (the “Terms and Conditions”).
2. PARTICIPATION: Participation in the Cookbook is voluntary and subject to all applicable federal, state, provincial and local laws and regulations. You are responsible for checking and complying with all applicable laws in your jurisdiction before participating in the Cookbook.
3. OWNERSHIP OF ENTRIES: GCJP does not claim any ownership rights in your entry. By submitting your entry, you agree to be bound by these Terms and Conditions and grant GCJP a non-exclusive, fully paid-up and royalty-free, worldwide license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate your entry for promotional purposes, including without limitation the right to distribute all or part of your entry in any media formats through any media channels. You consent to the use, by GCJP, its affiliates, subsidiaries, parents, assigns and licensees, of your name, likeness, and image, in connection with the Cookbook, and GCJP’s related marketing activities, in any media or format now known or hereafter invented, in any and all locations, without any payment to or further approval from you. You agree that this consent is perpetual and cannot be revoked.
4. NO USE OF TRADEMARKS: You acknowledge that your entry is being provided to GCJP. You agree that nothing in these Terms and Conditions grants you a right or license to use the terms Good Consulting, or any Good Consulting trademark or service mark.
5. TRUTHFUL AND CORRECT ENTRY: The representations and warranties made by you in this entry are true, complete and correct in all material respects as of the date of your submission and do not contain any untrue statements of material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. In the event that changes occur as to any material information, documents or exhibits referred to in this entry, of which you have knowledge, you will immediately disclose the same to GCJP when first available to you; and, in the event of any such material change, GCJP may, at its election, terminate your entry to the Cookbook and invoice you for any of GCJP’s incurred costs.
6. INTELLECTUAL PROPERTY OWNERSHIP: You acknowledge and agree that all intellectual property required or currently used by you or your organization is legally owned or licensed to you or your organization. The operation of your business as currently conducted, including the design, development, use, publication, distribution and sale of any products or services, does not (1) infringe or misappropriate the intellectual property of any third party, (2) violate the intellectual property rights of any person or entity, including, without limitation, rights of privacy and publicity, or (3) constitute an unfair competition or an unfair trade practice under any law.
7. INTELLECTUAL PROPERTY WARRANTIES: By submitting an entry, you represent and warrant that your entry: 1) is your own original work; 2) does not contain material or images that is, in GCJP’s sole judgment, obscene, inappropriate, offensive, or defamatory; 3) does not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity or other rights of any person or entity; any form of plagiarism is strictly prohibited, 4) does not contain malicious code, such as malware, viruses, timebombs, cancelbots, worms, Trojan horses or other potentially harmful programs or other material or information; 5) does not and will not violate any applicable law, statute, ordinance, rule or regulation; and 6) does not trigger any reporting or royalty obligation to any third party.
8. PROFITS AND DONATIONS: By submitting your entry, you acknowledge that you do not have any claims to the profits the Cookbook may generate. Furthermore, you agree that any percentage of these profits may be donated to an organization of GCJP’s choosing.
9. ROYALTIES, FEES AND CONFLICTS: GCJP is not responsible for paying any royalties in the event that an individual or a team submits copyrighted materials. Any violation of the above terms will result in the potential revocation of participation in the Cookbook and/or any rewards. You further represent and warrant that the rights that you are granting under these Terms and Conditions do not conflict in any way with any other agreement to which you are a party, or with any commitments, restrictions, or obligations that you are under to any other person or entity. If your entry contains an image or representation of an identifiable feature of a person other than yourself (for example, if enough of someone else’s face were shown so that that person could be identified), then you represent and warrant that you obtained the express approval of that person before submitting your entry.
10. LIMITATION OF LIABILITY: By participating in the Cookbook, you agree to release, indemnify and hold harmless GCJP and its donors, respective partners, affiliates, subsidiaries, advertising and promotions agencies, and each of their respective agents, representatives, officers, directors, shareholders, and employees, as well as each judge (collectively “Released Entities”) from and against any injuries, losses, damages, claims, actions and any liability of any kind resulting from or arising out of your participation in the Cookbook or inability to participate in the Cookbook. Released Entities are not responsible for any miscommunications such as technical failures related to computer, telephone, mobile device, cable, wireless, or unavailable network or server connections, related technical failures, or other failures related to hardware, software or virus, or incomplete, late or misdirected entries. Any compromise to the fair and proper conduct of this Cookbook may result in the disqualification of an entry, termination of the Cookbook, or other remedial action, at the sole discretion of GCJP. GCJP and its agents shall have the right to remove any entry from the Cookbook and webpage at any time, if, in their sole discretion, an entry is determined to be obscene, offensive, inappropriate, or to infringe or violate the rights of any person or entity.
11. WAIVER: By entering the Cookbook, you waive all rights to seek injunctive or equitable relief, or to claim punitive, incidental or consequential damages, or attorneys’ fees.
12. LAW & JURISDICTION: You agree that all matters arising out of or relating to this sweepstakes and these Terms and Conditions are governed by, and construed in accordance with, the laws of Germany, without giving effect to any of its conflict of laws provisions thereof. You further agree that any legal suit, action, or proceeding arising out of or relating to this sweepstakes and these Terms and Conditions shall be brought exclusively in the applicable federal or state courts located in Niedersachsen, Germany.
13. RELEASE: You hold harmless, release, and discharge, on behalf of yourself, and your heirs, executors, and assigns, GCJP and its respective officers, directors, employees, agents, parent, subsidiaries, affiliates, shareholders, successors, and assigns from any and all claims, demands, lawsuits, expenses, injuries (including death), losses, damages, and any other liability of any kind, of or to you or any other person, your property, or your rights of privacy or publicity, directly or indirectly arising out of or in connection with the Cookbook (including the conduct of the Cookbook, the awarding of any prizes, your participation in the Cookbook, your acceptance, use, misuse, loss, or damage of or to any prize, and use of your name, biographical information, and, even if due to the negligence, omission, or other fault of GCJP).