OFFICIAL RULES

The Callebaut Chocolate Recipe Contest and Online Sweepstakes Sponsored by Callebaut Chocolate

OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING RESIDENTS OF PUERTO RICO AND US TERRITORIES AND POSSESSIONS) WHO ARE NOT CULINARY PROFESSIONALS AND WHO ARE AT LEAST 18 YEARS OF AGE. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. INTERNET ACCESS REQUIRED. NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THE ONLINE VOTING SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING A SWEEPSTAKES PRIZE.

1. PROMOTION PERIOD: The Callebaut Chocolate Recipe Contest (the “Promotion”) commences at 12:00:01 AM Eastern Standard Time (“EST”) on November 1, 2010, and ends at 11:59:59 PM EST on April 30, 2011 (the “Promotion Period”). All entries must be received by 11:59:59 PM EST on April 30, 2011. Entries submitted past April 30, 2011, will not be accepted and will be destroyed.

The Callebaut Chocolate Recipe Contest Online Sweepstakes (the “Sweepstakes”) commences at 12:00:01 AM Eastern Standard Time (“EST”) on November 1, 2010, and ends at 11:59:59 PM EST on April 30, 2011.All entries must be received by 11:59:59 PM EST on April 30, 2011. Entries submitted past April 30, 2011, will not be accepted and will be destroyed.

There are two separate promotions, a recipe contest and an online voting sweepstakes.

2. ADMINISTRATOR/SPONSOR: The Promotion and the Sweepstakes shall be administered by Brandmovers, Inc. (“BRANDMOVERS”) and sponsored by Callebaut Chocolate. (“CALLEBAUT” or “SPONSOR”).

3. ELIGIBILITY: The Promotion is only open to legal residents of the 50 United States and the District of Columbia excluding residents of Puerto Rico and US Territories and Possessions. Culinary professionals are not eligible to participate in the Promotion. Entrants must be at least 18 years of age or older at time of entry. Employees (and their immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings and their respective spouses, regardless of where they reside) and members of the same household, whether or not related) of BRANDMOVERS and SPONSOR, and each of their respective parents, affiliated companies, sponsors, subsidiaries, advertising and promotion agencies and third party fulfillment or judging agencies (collectively, the “Promotion Entities”) are not eligible to enter or win the Promotion.. All federal, state and local laws apply.

4. HOW TO ENTER THE RECIPE CONTEST: To enter the “Recipe Contest,” Entrant (“Entrant”) must visit http://www.callebautrecipecontest.com (the “Website”) at any time during the Promotion Period and: (a) follow on-screen instructions to enter by completing all required fields on the Website; (2) electronically agree to the Official Rules and; (c) follow on-screen instructions to enter an original recipe that you have created using Callebaut Chocolate or Callebaut products. Recipes must include the following recipe information: (i) recipe name, (ii) complete directions, (iii) a list of ingredients, and (iv) one non-professional photo of the prepared recipe (collectively, “Entries” or “Entry”). All Entries must be received by 11:59:59 PM EST on April 30, 2011. By participating in the Recipe Contest, Entrant certifies that his/her Entry (including recipe and photo) is original, created solely by the submitting Entrant, has not been previously published, and does not contain any material that would violate or infringe upon the rights of any third party, including copyrights, trademarks, or rights of privacy or publicity and that non-professional photo has been taken by Entrant. SPONSOR reserves the right in its sole and unfettered discretion to disqualify any Entry that it believes contains inappropriate content, that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the Promotion. Limit of up to five (5) Entries during the Promotion Period. Entries using macro, robotic, script, or other forms of automatic entry will be disqualified. All Entries shall become the exclusive property of the SPONSOR and will not be returned. No mechanically reproduced Entries permitted. Proof of submission does not constitute proof of receipt. SPONSOR is not responsible for lost, late, misdirected, incomplete, or inaccurate entries. If there is a dispute as to the identity of an online Entrant, the prize will be awarded to the authorized account holder of the e-mail address. The "authorized account holder" is defined as the natural person to whom the e-mail address is assigned by an Internet service provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

Recipe and Photo Entry Guidelines:

  1. The Entry must contain Entrant’s property only; no other person’s property may be depicted in the Entry, in whole or in part.
  2. Please do not include any personally identifiable information in your Entry photo.
  3. Entry photo may be in color or black & white and must be in .jpg, .gif, or .png format only, with a maximum file size of 5MB.
  4. All Entries must be an original unpublished work and cannot contain, incorporate or reference anything that is owned by any third party or entity or would require the consent of any third party or entity in any jurisdiction.
  5. The Entry must not have been submitted previously in any contest of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.

Entry Content Restrictions: The Entry must not contain material that:

  1. Violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
  2. Contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  3. Contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements);
  4. Contains indecent behavior, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, indecent, profane, obscene, hateful, tortuous, slanderous or libelous;
  5. References persons or organizations without their written permission;
  6. Disparages SPONSOR or persons or organizations associated with SPONSOR;
  7. Includes threats to any person, place, business, or group;
  8. Is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations.

Failure of any Entry to comply with the above “Recipe and Photo Entry Guidelines” and “Entry Content Restrictions,” as determined by SPONSOR in its sole discretion may result in disqualification of Entrant. Without limitation, SPONSOR reserves the right in its sole discretion to disqualify any Entry that, in its sole opinion, refers, depicts or in any way reflects negatively upon the SPONSOR, the SPONSOR, the Promotion or any other person or entity, or does not comply with these Official Rules. Modifying, enhancing or altering a third party’s preexisting work does not qualify as Entrant’s original creation. By entry in the Recipe Contest, Entrant warrants that he or she holds all rights (including intellectual property rights) in and to the image(s)/material(s) contained in the Entry, and agrees to release and hold harmless SPONSOR and each of the Promotion Entities, as well as the individual judges, from and against any claim or cause of action arising out of any claim for infringement of intellectual property rights. Entrant agrees and understands that Entries will be made available to the public, including but not limited to posting on the Internet. Whether or not any Entry is published on the Internet, SPONSOR does not guarantee any confidentiality with respect to any Entry. SPONSOR shall have the right to use, reproduce, copy, broadcast, edit, adapt and publish any or all of the Entries, and may use them in any media whatsoever throughout the world, without limitation, for any and all advertising, promotions, and other purposes of trade, without attribution or compensation to the Entrant, his/her successors or assigns, or any other entity. Submitting an Entry in connection with this Promotion constitutes your irrevocable assignment, conveyance and transference to SPONSOR of any and all right, title and interest, and all residual interests in the Entry including, without limitation, all copyrights and any renewals and extensions thereof. SPONSOR, in its sole discretion, may feature any Entry submitted in this Promotion at any time during, or after, the Promotion Period on any related websites, in any promotional materials, whether related or un-related to the Promotion, and at any other location, whether physical or online, that SPONSOR, in its sole discretion, deems appropriate and necessary for the operation and promotion of this Promotion. In addition, each Entrant warrants that any rights of attribution and/or integrity in the Entry have been waived. Entries must be suitable for presentation in a public forum, in sole determination of judges, and/or SPONSOR.

5. RECIPE CONTEST WINNER SELECTION: On or about May 13, 2011 (“Judging Date”), one (1) Recipe Contest Participant (the “Grand Prize Winner”), two (2) Second Place Contest Participants (the “Second Place Winners”), and three (3) Third Place Contest Participants (the “Third Place Winners”) shall be selected by a qualified panel of judges (“Judges”) designated by SPONSOR in its sole discretion, based on the judging criteria (“Judging Criteria”) set forth below. The Judges, whose decisions will be final, shall judge all eligible Entries according to the following Judging Criteria:

Any ties will be broken based on the highest ranking in the “Quality” category.

6. RECIPE CONTEST PRIZES:

I. Grand Prize:

There is a total of One (1) Grand Prize (“Grand Prize”) available to be won in connection with the “Recipe Contest”. The Grand Prize Winner will receive a Grand Prize package consisting of a trip for two (2) to Belgium to visit the Callebaut Chocolate Factory and includes round-trip economy air transportation for two (2) from the major U.S. airport nearest winner’s residence to Brussels, Belgium; Five (5) nights first class hotel accommodations (double occupancy), in a hotel of Sponsor’s choice; ground transportation to/from hotel/airport; a Callebaut Chocolate Academy pastry class for two; a factory tour of the Callebaut Chocolate factory; $200 spending money for tours/bake shops; $300 for meals and additional spending money; and a year’s supply of Callebaut Chocolate Products. The total approximate retail value of the Grand Prize is $3,800. All other expenses not listed, including but not limited to, taxes, gratuities, incidentals, accommodations en route, etc., are the sole responsibility of the winner and/or guest. Trip must be completed by May 1, 2012. In addition, the winning recipe may be featured on www.callebautrecipecontest.com. Grand Prize Winner must be able to provide a hi-resolution image (300 dpi) of winning recipe before print date (on or about April 14, 2011).

Grand Prize Winner will be notified by mail, e-mail, or telephone. Upon receipt of the Grand Prize, the Grand Prize Winner is required to comply with any and all applicable federal, state, and local laws, rules, and regulations, including, without limitation, all applicable federal, state and local taxes.

In order to receive the Grand Prize, the selected Winner will be required to complete and return to SPONSOR or its designated agent an Affidavit of Eligibility/Ownership/Liability Release, Publicity Release, except where prohibited by law, and Assignment of all Rights in Pre-Existing Work. Failure to return the completed forms within five (5) days following the date of delivery thereof, may result in forfeiture of the Grand Prize. Grand Prize is awarded subject to verification and the eligibility requirements set forth in these Official Rules. If a potential Grand Prize Winner cannot be contacted as specified above, or if he/she fails to complete and return the required forms, or if the potential Winner is deemed ineligible for any other reason in SPONSOR’S sole discretion, the potential Grand Prize Winner will be disqualified and an alternate Grand Prize Winner will be selected in his/her place based on the Judging Criteria set forth in these Official Rules.

All travel arrangements must be made by SPONSOR’S agent. Winner and guest must have valid passports and/or other travel documents. Grand Prize Winner must arrange travel at least sixty (60) days in advance and Grand Prize Winner and his/her travel companion must travel together on the same itinerary. Exact travel times are subject to availability. All other expenses not specifically identified in these Official Rules are the sole responsibility of the Grand Prize Winner. The travel companion of the Grand Prize Winner must be 18 years of age or older and must also sign a Liability and Publicity Release (where legal). Travel changes will not be accepted after reservations have been booked. BRANDMOVERS, SPONSOR, and their respective employees, contractors, directors and officers, and their respective parents, subsidiaries, franchisees, divisions, affiliates, suppliers, distributors, advertising and promotional agencies, as applicable, and their respective officers, directors, shareholders, members, employees, agents, successors and assigns, and all others associated with the development, promotion, evolvement and execution of this Promotion, are not responsible if the Grand Prize, or any part thereof, cannot be awarded due to travel cancellations, delays or interruptions due to any acts of God, action(s), regulations(s), order(s), or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s), or request(s) prove to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond SPONSOR’S sole control, and shall not be responsible for any cancellations, delays, diversions, or substitutions or any act or omissions whatsoever by the air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same.

Second Place Prizes: There are a total of two Second Place prizes (each, a “Second Prize”) available to be won in connection with the “Recipe Contest”. The two (2) Second Place Winners will each receive a cash prize of $500 and a year’s supply of Callebaut Chocolate Products (ARV $400). The year’s supply of Callebaut Chocolate consists of a bi-monthly shipment of Callebaut Chocolate to Winner’s residence beginning in May, 2011 and ending in May 2012

Third Place Prizes: There are a total of three (3) Third Place Prizes (each, a “Third Prize”) available to be won. The three (3) Third Place Winners will each receive a cash prize of $250 and a year’s supply of Callebaut Chocolate Products (ARV $400). The year’s supply of Callebaut Chocolate consists of a a bi-monthly shipment of Callebaut Chocolate to Winner’s residence beginning in May, 2011 and ending in May 2012

7. HOW TO ENTER THE ONLINE SWEEPSTAKES: To enter the Online Sweepstakes (a) visit the “Gallery” section of the Callebaut Chocolate Recipe Contest Website (www.callebautrecipecontest.com ); (b) select your favorite recipe; and, (c) complete the required fields on the Website (once submitted, an "Entry"). You may only use one email address to Enter and there is a limit one (1) Entry per person per day during the Promotion Period is permitted. Individuals are not permitted to register or submit votes on behalf of other individuals regardless if consent is obtained.. In order to be eligible for any prizes outlined below, an Entry must i) adhere to the rules herein; ii) be submitted electronically; iii) contain valid contact information, including a valid e-mail address; and iv) be received prior to the end of the Promotion Period. Any disputes concerning the identity of an Entrant will be handled in accordance with the terms in Section 10.

8. SWEEPSTAKES PRIZES and ODDS OF WINNING: There are a total of Ten (10) Sweepstakes Prizes (each a “Sweepstakes Prize”) available to be won in connection with the Sweepstakes. The Ten (10) Sweepstakes Prize Winners will each receive a year’s supply of Callebaut Chocolate (ARV $400). The year’s supply of Callebaut Chocolate consists of a a bi-monthly shipment of Callebaut Chocolate to Sweepstakes Winners’ residence beginning in May, 2011 and ending in May 2012.

Sweepstakes Winners will be selected in a random drawing on or about May 13, 2011 from all eligible Entries received and will be notified by e-mail within three days of the random drawing. If a winner does not respond to e-mail notification within seven (7) days of such notification, his/her prize will be forfeited and awarded to an alternative Entrant.

The odds of winning a Sweepstakes Prize will depend on the number of eligible Sweepstakes Entries received. Please allow 6-8 weeks for delivery of prize. Sweepstakes Prizes will be mailed to the address provided in connection with the winning Entrant’s registration. No more than the advertised number of prizes will be awarded. All properly claimed Prizes will be awarded and delivered to verified winners.

The total ARV of all Prizes available to be won in the Promotion is $5,550 and in the Sweepstakes is $4,000.

9. GENERAL TERMS:

Entrants in the Promotion or Sweepstakes (the “Participants”) assume all risk of loss, damage, destruction, delay or misdirection of materials/mail/email submitted to SPONSOR. Participants agree to these Official Rules and to all decisions of SPONSOR, or its designated agent, which are final and legally binding in all respects, and further agree that all prizes are awarded upon the condition that the Promotion Entities or any of their respective parent companies, subsidiaries, officers, directors, partners, principals, partnerships, employees or agents shall have no liability whatsoever and shall be held harmless for any injuries, losses, or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, possession or use/misuse of any prize, or participation in the Promotion or Sweepstakes or participation in any Promotion-related activities and further acknowledge that said parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize, including but not limited to its merchantability, quality, mechanical condition or fitness for a particular purpose.

SPONSOR reserves the right, in its sole discretion, without prior notice and at any time, to cancel, terminate or suspend the Promotion, Sweepstakes, or any portion thereof, should virus, bugs, non-authorized human intervention or other causes beyond the control of SPONSOR corrupt or impair the administration, integrity or security of the Promotion/Sweepstakes (including but not limited to attempts to hack into or otherwise tamper with underlying source code/programming of the Website). The Promotion Entities and their respective parent companies, subsidiaries, officers, directors, partners, principals, partnerships, employees or agents are not responsible for hardware, software or telephone failures of any kind, traffic congestion on the Internet or at any website or any combination thereof, lost network connections, incomplete, garbled or delayed computer transmissions, whether caused by SPONSOR, users or by any of the equipment or programming associated with or utilized in the Promotion or by technical or human error which may occur and/or which may damage a user’s system or limit a Promotion Participant's ability to participate and/or redeem prizes in the Promotion or Sweepstakes. SPONSOR reserves the right at its sole discretion, to disqualify any individual who tampers with the Promotion, violates these Official Rules or otherwise engages in fraudulent or offensive conduct with respect to this Promotion and Sweepstakes. Caution: Any attempt to deliberately damage any website or undermine the legitimate operation of the Promotion or Sweepstakes is a violation of criminal and civil laws and should such an attempt be made, SPONSOR reserves the right to seek damages from any such Participants to the fullest extent of the law.

By accepting prizes, winners agree that SPONSOR may use each winner's recipe, name, likeness, photograph and/or biographical information, without limitation, for promotional purposes without further consideration or payment, where permitted by law. All expenses not specified herein are the winners’ responsibility. Taxes on and in connection with all prizes are the sole responsibility of each winner; SPONSOR or its designated agent may issue an IRS Tax Form 1099 to the winners for prizes with an ARV of $600 or more. Prizes are not transferable. Prizes are awarded “as is” with no warranty or guarantee express or implied. Sponsor disclaims all and any liability for the actual provision, quality or nature of any third party product or service accepted by the winners. No prize, cash or other substitutions allowed except at SPONSOR’S sole discretion SPONSOR may substitute a prize of equal or greater value. SPONSOR’S failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Should any provision of these Official Rules be deemed unenforceable or invalid, the other provisions of these Official Rules shall remain in full force and effect. In the event that this Promotion or Sweepstakes is challenged by any legal or regulatory authority (including but not limited to any federal or state governmental authority), SPONSOR reserves the right to discontinue or modify the Promotion or Sweepstakes, as applicable, or to disqualify any Participants residing in any affected geographic areas, as applicable. In such event, SPONSOR shall have no liability to any Participants who are disqualified due to such an action.

Privacy:

All personal information that Participants submit will be subject to Sponsor’s privacy policy. In the event of any discrepancy between Sponsor’s privacy policy and these Official Rules, the privacy policy will govern and control. For Sponsor’s on-line privacy policy, please visit http://www.barry-callebaut.com/15. By entering this Promotion, each Entrant agrees that the Sponsor or Administrator have the right to contact entrant by telephone, email or regular mail. Sponsor may also send you information, samples or special offers it believes may be of interest to you about its publications or other complementary goods or services offered by Sponsor.

10. DISPUTE RESOLUTION: Except where prohibited, by participating Participants agree that: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant(s) and SPONSOR and its agents shall be governed by and construed exclusively in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law of any jurisdiction. Entrant agrees that any action at law or in equity arising out of or relating to the Promotion or Sweepstakes, or awarding of the prizes, shall be filed only in the state or federal courts located in the State of New York and entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this Promotion or Sweepstakes, Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or awarding of the prizes, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Promotion or Sweepstakes but in no event attorneys' fees; and (c) under no circumstances will any participant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.

11. DMCA: Sponsor complies with the provisions of the Digital Millennium Copyright Act (DMCA). In compliance with the DMCA, a Designated Agent has been established with proper documentation sent to the US Copyright Office.

If you have a concern regarding the use of copyrighted material on any web site, please contact the agent designated to respond to reports alleging copyright infringement.

The designated agent for Sponsor to receive notification of claimed infringement under Title II of the DMCA is: A. Mitchell, Brandmovers, Inc., 512 Means St., Suite 101, Atlanta, GA 30318.

DMCA Claims

The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following:

12. Request for Names of Prize Winners and Official Rules: For the name of the The Callebaut Chocolate Recipe Contest and Online Sweepstakes Winners and/or Official Rules, send a self-addressed stamped envelope to: The Callebaut Chocolate Recipe Contest and Online Sweepstakes c/o Brandmovers, PO Box 90479, Atlanta, GA 30377. All requests for a copy of the Official Rules and the names of Prize Winners must be received by May 31, 2011. Please note on the front left-hand corner of your outer envelope whether you are requesting “Official Rules” or the name of a “Prize Winner.”

13.SPONSOR: This contest is sponsored by Callebaut Chocolate, having a place of business at 600 West Chicago Ave., Suite 860, Chicago, IL. 60654